Bringing 3D Game Design To Kids

Miriam Ruiz little.miry at gmail.com
Wed Feb 6 17:05:01 GMT 2008


2008/2/6, Platinum Arts <platinumarts at gmail.com>:
> Sorry forgot to CC this to the mailing list.
>
>
> ---------- Forwarded message ----------
> From: Platinum Arts <platinumarts at gmail.com>
>  Date: Feb 6, 2008 11:18 AM
> Subject: Re: Bringing 3D Game Design To Kids
> To: Miriam Ruiz <little.miry at gmail.com>
>
>
> Hi, thanks for your e-mail!  The zlib license for the source is located in
> src/cube_2_enginelicense.txt  I know what you mean with the chaotic
> licensing of cube, and it was the same for cube 2.  For Sandbox every file
> that doesn't belong to Platinum Arts does have an associated readme with the
> license information.  All other files are created by/given to Platinum Arts
> and fall under that license (located in the main directory in
> PlatinumArtsSandboxLicense.txt  I should probably rename that just to
> license.  The basic idea of the license is that if you want to use the
> content in other projects ask first and second if you do something cool to
> the source code let us use it to help make Sandbox better too.  If you need
> any more help please let me know.  I know it is still a little confusing but
> it should be a lot better documented than Cube 2 as far as licenses.  Take
> care and thanks so much for your interest!!  Also as I mentioned in the
> previous e-mail we do have an updated linux client if that one is giving
> anyone a hard time.
>  -mike

Hi again, Mike, thanks for the tip! I didn't see that file :)

The license then would be:

1.  This notice may not be removed or altered from any distribution.
2.  The Cube 2 license located in /src must be read and abided by as
well.  The Cube 2 license only pertains to the original Cube 2 source
and not to any Platinum Arts LLC additions/modifications.
3.  If you use Platinum Arts Sandbox to make a project please be sure
to contact Platinum Arts LLC and provide information about the
project.  Also be sure to clearly credit Platinum Arts Sandbox on your
webpage, software and documentation. Your code must remain open to
Platinum Arts LLC and available for use in Platinum Arts Sandbox to
help further the project.
4.  With the exception of content with an individual readme file, any
content submitted for inclusion in Platinum Arts Sandbox becomes
property of Platinum Arts LLC.  Authors of the content will be
credited and they can use their work in other projects.
5.  With the exception of content with an individual readme file, all
content is copyright Platinum Arts LLC and permission is required for
distribution.  In other words if you want to use Platinum Arts Sandbox
maps or other content, please ask first.
6.  This software is provided 'as-is', without any express or implied
warranty.  In no event will the authors be held liable for any damages
or any other problems arising from the use of this software.
7.  Any questions or concerns about this license should be directed to
PlatinumArts at gmail.com

I see some problems with this license for being able to put it under
Debian main repository [1] [2]. As it is, it would probably need to go
to non-free. I'm not a lawyer anyway, so I should ask debian-legal to
be sure, but here is my preliminary impression:

"3.  If you use Platinum Arts Sandbox to make a project please be sure
to contact Platinum Arts LLC and provide information about the
project.  Also be sure to clearly credit Platinum Arts Sandbox on your
webpage, software and documentation. Your code must remain open to
Platinum Arts LLC and available for use in Platinum Arts Sandbox to
help further the project. "

[1] http://www.debian.org/social_contract
[2] http://people.debian.org/~bap/dfsg-faq.html

There are some problems with this if the "please be sure to contact"
is a requirement and not a suggestion. Have a look at point 9 in [2]:
"How can I tell if a license is a free software license, by Debian's
standards?".

The part about "clearly credit Platinum Arts Sandbox on your webpage"
is not very clear, which webpage? all your webpages? What if you don't
have a webpage? Debian and all their derivatives would have to credit
Platinum Arts Sandbox in their main webpages? I expect lots of
problems with this.

"Your code must remain open to Platinum Arts LLC and available for use
in Platinum Arts Sandbox" ir quite ambiguous too, it doesn't define
what "open" means, and "available for use" is not clear either.

"4.  With the exception of content with an individual readme file, any
content submitted for inclusion in Platinum Arts Sandbox becomes
property of Platinum Arts LLC.  Authors of the content will be
credited and they can use their work in other projects."

This doesn't seem to belong to the license of the program, but with
the conditions for submitting contents to you.

"5.  With the exception of content with an individual readme file, all
content is copyright Platinum Arts LLC and permission is required for
distribution.  In other words if you want to use Platinum Arts Sandbox
maps or other content, please ask first."

This is definitely not free (as in DFSG-free). Have a look at point 9
in [2] again. Every Debian derivative would be required  to contact
you. In fact, you're not only asking for contact when redistributing
the contents, but when using them! Every Debian user, or Debian
derivative user (such as Ubuntu, for example) would have to contact
you before being able to use the program.

"6.  This software is provided 'as-is', without any express or implied
warranty.  In no event will the authors be held liable for any damages
or any other problems arising from the use of this software."

I'm not a lawyer, but I guess it would be safer for you if you wrote
this in CAPITAL LETTERS. Have a look at [3] and [4] for more info.

[3] http://lists.debian.org/debian-legal/2008/01/msg00090.html
[4] http://lists.debian.org/debian-legal/2008/01/msg00093.html

These are the flaws I noticed at the 1st glance. Wouldn't it be easier
and better to choose a commonly known license that was already
analyzed carefully and which legal consequences would be better known?

Greetings and thanks,
Miry



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