Licenses for our free stuff


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Post Licenses for our free stuff

#1  Tormie 16 Aug 2007 01:17

Hi, since today uploading a freebie in pur site an user had two chance : no license or GNU general licence for free software. I never read that license   but yesterday an user wrote to me that the license was not good. So I did some research on the net about the topic and found the Creative Commons licences (http://creativecommons.org) that provides licences for "some right reserved"of the freebies.

The licenses are six:

For NON COMMERCIAL use:

Attribution-NonCommercial

The licensor permits others to copy, distribute and transmit only unaltered copies of the work  derivative works based on it are allowed.

Attribution-NonCommercial-ShareAlike

The licensor permits others to distribute derivative works only under a license identical to the one that governs the licensor's work  derivative works based on it are allowed.

Attribution-NonCommercial-NoDerivs

The licensor permits others to copy, distribute and transmit only unaltered copies of the work  not derivative works based on it.

The three for COMMERCIAL USE are exactly the same, but the user accept that the work can be used in a commercial use.


Or I've to find a real EULA (End user license) where the user can't even share the freebie elsewhere that would be the first option to choose, but I was unable to find it on the net (maybe you...) . I f I don't find it I'll do it myself modifying one of the above... Some ideas ?
 




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Post Re: Licenses for our free stuff

#2  ahjah 16 Aug 2007 04:17

not yet
 




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Post Re: Licenses for our free stuff

#3  TdaC 17 Aug 2007 20:09

Hello, rasises hand and admitts that i am the one that started this.   I was asked about this licence by a member. The question was do u really know what this licence means and to make a long story short i was told that this license means that:

A person who downloads a copy of the freebie can use the item as he or she wants to. Since the person who downloaded clicked that he/she agreed to the licence the person uploading the freebie can not deny the downloader to do what ever he wants including redistributing and selling the freebie as long as credit is given and that the downloader provides the original freebie or a link to it.

I don't want ppl to be able to sell my freebies and make money off them by fooling others when they could have gotten it for free. I also don't want ppl to be able to redistribute the freebie or parts of it. If they want to share it, they can give others the link to pf or they can ask me.

And also it is not my intention to start something bad here, just keep freebie providers here from being used and keep new Poser users from being ripped off.
 



 
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Post Re: Licenses for our free stuff

#4  tda42 17 Aug 2007 22:10

I 100% agree Thilda. Maybe we need to rewrite the agreement in a more down to earth manner so that their won't be loop holes with the free stuff.   But can we write an agreement to downloading and make this legal?
 




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Post Re: Licenses for our free stuff

#5  Tormie 17 Aug 2007 23:51

Ok people, I found 6 new licences, I wrote about them in the first message, the difference between the first 3 and the rest is the commercial/no commercial use. Please have a look at those licences. They are NEW, they are not the old one that I've deleted.
 




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Post Re: Licenses for our free stuff

#6  Whazizname 18 Aug 2007 03:05

I have looked at the licenses at the links provided.

I very much like the idea of having "Human readable" versions, in addition to the standard "Lawyerspeak".

I agree that a license that does not allow distribution/ re-distribution would probably be most useful. (I assume this from reading & hearing comments from "free content creators".)



 




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Post Re: Licenses for our free stuff

#7  tda42 18 Aug 2007 10:15

I agree with Whazizname about that but have one question. sense the people that already have the download free stuff that has agreed to the old agreement. Does this make them not liable to the new agreement? ( To me this is the scariest part of this. The fact that legally they can do what they want because they agreed with the old agreement and to us and them it is binding.)   Any comments or solutions on things like this?

I have one idea though. At the bottom of the agreement we add " Agreement contract subject to change without notice".
 




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Post Re: Licenses for our free stuff

#8  Tormie 18 Aug 2007 10:38

     I think that a license without distribution/re-distribution is a copyright . I'm not expert about the matter and I've to read about it.

As far as I know (but it's probably not exactly true) one has to pay for the copyrights (I don't know who or what), I mean, if you don't want that your product may be distributed or redistributed you have to protect it with a copyright and this copyright has to be bought, but, I repeat, probably I'm wrong.

This Creative Commons association basically protects the freebies from alteration, attribution, commercial use but not fro distribution/redistribution. However, when the freebie is distributed or redistributed one must attribute the work in the manner specified by the author or licensor. In this way the author (we) can add in the readme the condition for redistribution (for example I can write that one can redistribute the work if you donate 10000$ to the Posette and Dork Preservation foundation (posetteforever)         so that no one will do it   ).

Reading your messages Now I'm thinking of a solution: Maybe we can leave things like they are now: the author can choose one of the 6 licenses or none, if he or she choose none the rights of the work is written in the readme on the care of the author. The authors at Posetteforever can use the Creative Commons license also an example to add in their readme because (probably) it's the right form to protect their work.

As I said, the right NOT to distribute the work could be effectively made by protecting the work with a copyright, so even if you write in the readme not to distribute it, this rule could not be effective if the work is not protected by a copyright. I'm thinking about music, as far as I know in order not to be copied a song have to be protected by a paid copyright. I could be wrong by I'll read some more documents about it on the net today.

With "distribute" I mean share the work without any alteration or the alteration specified by the author/licensor (as is) and with attribution
 




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Post Re: Licenses for our free stuff

#9  Tormie 18 Aug 2007 11:04

This is an interesting document:

http://www.templetons.com/brad/copymyths.html

And it looks like I was wrong about copyrights  
 




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Post Re: Licenses for our free stuff

#10  TdaC 18 Aug 2007 11:16

u don't have to pay for copyrights, as soon as u create something what ever u create u own the copyright to it.
 



 
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Post Re: Licenses for our free stuff

#11  Whazizname 18 Aug 2007 12:28

TdaC wrote: [View Post]
u don't have to pay for copyrights, as soon as u create something what ever u create u own the copyright to it.


This is true; but to have maximum legal recourse, it is best to have a registered (paid) copyright, and proof of prior versions. (I'm unsure if this is true for all countries; but it is in the US.)



 




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Post Re: Licenses for our free stuff

#12  tda42 18 Aug 2007 14:07

I still have one question you all may have over looked.
Since this agreement that we already have in place has put our copyrights in a bit of a pickle for someone to sale our free stuff. If we change the copyright does the past bunch of people who had downloaded the free stuff have to go by this new copyright, or can by all legal aspects of the old copyright agreement sale our stuff? Seeing how they are in the old agreement and can fight that this was the agreement that they had signed to.
I hope you all can understand what I am getting at. This could be serious.   How are the other sites handling this same situation?  
 




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Post Re: Licenses for our free stuff

#13  Tormie 18 Aug 2007 17:12

Kenny, they have to demonstrate that they have downloaded the stuff before the "change", and above all, what's written inside the pack (as readme) is what counts. Thinking about it, even if we had a license to choose and now 6 or 7, they are already-made license for freebies without the license inside, if the freebie has a readme inside with a copyright or else, it's this last document that have a (legal) value. Even if some freebies has been shared with the old GNU license , like the Thilda's one, she has written what to do and what not to do inside, and this was the documents that has a value.

Following the point where this topic has gone now the "license matter" can be settled like this:

-If the user wanT, he can choose some options:

1- no license (or the license is inside)
2- all right reserved (I've to find a document for this option)
3- sharable by one of the 6 Creative Commons licenses

I'll make a post, with a link in the upload page, where the author can copy & Paste the text of the license if he or she want to add it inside the freebie, or simply that post will explain what is the meaning of the licenses. The main option will remain "no license (or license is inside)". And in the upload page I'll make clear that the license chossen in the upload page has a value if no license is contained in the package
 




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Post Re: Licenses for our free stuff

#14  tda42 18 Aug 2007 19:39

Ok Davide. That works for me and answered my question. Sounds like this can be resolved with very little problem.
 




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Post Re: Licenses for our free stuff

#15  Tormie 19 Aug 2007 04:04

Ok, I think to have found how to square the circle !

I simply adapted the text of a Renderosity license for items sold in the marketplace, it says no rights to distribute, no derivative works etc. So I made two of them, one for non commercial use and one for commercial and non commercial use.

So now the artist has 8 options: the first is this one, the other are under the Creative Commons licenses (first 4 for non commercial use the other for commercial/non commercial use). We discussed a lot in the past for our own philosophy of sharing freebies so I think that everyone now can choose what is better . As I said, if there is another license into the package, this last one is the one that counts. In order to protect all the users that uploaded in our free stuff page I made the first option default for all the freebies (the license written below) : All right reserved for non commercial use. I can change this license for your own works directly into the database without that you have to edit tons of files so if you want another option for all your works simply tell me and I'll change it (or you can do it yourself editing the file and choosing another option). Tomorrow or later I'll prepare a post for the public forum explaining all...



P.S.     Maybe it's better to put default the one that has the comemrcial use too     What do you think ?

Here is the text of the default license:

LICENSE FOR ITEMS DOWNLOADED THROUGH THE FREE STUFF PAGE AT POSETTEFOREVER

This license applies to items downloaded through The Free Stuff Page at Posetteforever. It is the Users responsibility to read and understand this license. If you are unsure about anything, please send an email to .

The Artist (Author) retains all copyrights to the enclosed materials. The User is not purchasing the contents, only the right to use the contents. The User may not redistribute this archive file, in whole or in part. The User may not store it any place on a network or on the Internet where it may be referenced by a third party. User acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. If Artist can show that any of the original material can be extracted from User's derivative work, Artist can demand both the original and derivative work, and all copies thereof be deleted. For example, User cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut & pasted from the image. This is designed to protect the Artist from Users releasing work, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of the User. User may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted. Items downloaded at Posetteforever may not be used for illegal purposes.

To protect the User: User is hereby granted a non-exclusive, non-transferable license to use all of the contents of the encapsulating archive file. Artist maintains that all items in the archive are their original work, or are derivative works from something found, and verified, to be in the public domain. Artist maintains they legally possess the power to grant the User this license for all enclosed materials. User may use the materials in any personal projects and not in a commercial projects, as long as the Artist 's work is protected from extraction and none of the items above have been violated. User may make a single backup copy of this archive file, for personal archival purposes only. User retains this license, even if the Artist stops sharing this work at a later date. The Artist may only revoke this license, if it is shown that a User has previously violated the terms and conditions above.

 




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