@Teken Am not. I read the different versions of the CC-BY-SA license and compared them with different versions of the CC-BY licenses. Spent more than enough time on that.
Also, where you quote me.. Binary game content, means exactly that, the CONTENT that is mixed with the SA; not executables. If you're going to interpret licenses, then DON'T SKIP ANY WORD. Pretty literal stuff.
Copyright law is always (except fair use etc) on the side of the copyright holder, so if you don't understand the license, then you don't have any rights. You simply cannot make assumptions.
For purposes of this Public License, a video game or computer game, where the Licensed Material, in whole or in part, is included in unmodified form, and where the Licensed Material may be presented in arranged, transformed, or combined form, will not be considered an Adapted Material.
The "included in modified form" part is required to avoid the loophole where you include a modified non-SA version in the game, so a modified version will be included under this SA licence in unmodified form.
The "presented in ... form" is required to allow run-time modifications necessary for presenting the material to the user.
This could probably hold up generally without the "video game or computer game" part, but need to double check that.
cemakalyoncu: Yes, I know. I was comparing the exact wording of the CC-BY with the differing portion in CC-BY-SA to find what exact wording would be required in the license to allow providing specific redistribution exceptions for combining CC-BY-SA with non-SA works while still requiring the attribution.
Also, for completeness sake, the difference between a derived work can be compared as follows. Glueing ten cutouts from folders onto a piece of paper is not a derived work (no creativity); glueing ten cutouts from folders onto a piece of paper to create the impression of a landscape does make it a derived work (requires creative thought). A game will in nearly all cases count as a derived work, and as such the CC-BY-SA license must be placed on the entire binary game content (not on the source data) when any CC-BY-SA content is being used in the game.
The only way to combine CC-BY-SA content with non-SA content in a game, while still requiring attribution, is to have an explicit exception from the copyright holder considering video games or computer games not being Adapted Material.
Had a really long look through the SA 3.0 and SA 4.0 licenses as well...
Under SA 3.0, defining a game as a collection ends up being very borderline. The definition of collection specifically states "unmodified" and "in it's entirety" (this is so modified versions are considered a new Work and fall under the same license again). This practically means that when animating a rigged mesh, the posed mesh becomes a new Work under the SA license. So far that works out fine, you can still put the posed mesh in your game without problems. The issue comes once you start alpha blending and anti-aliasing with other works, where other parts of the rendered image inside the blend would also be considered as part of the new Work, and thus also fall under the SA license (yeah, seriously). This works in most cases, as there's no requirement of source materials being mixed with to be SA, but will fail in reality, as other assets (trademarked logos, etc) may not be relicensable as SA in mixed or rendered form (I can't just license an image containing someone else's trademark under SA), and makes it less practical under 3.0 to add a licensor's exception considering games as a collection.
With SA 4.0 a Collection is no longer defined, and the entire structure of the license is changed to essentially require ShareAlike only for anything defined as an Adapted Material, and the only additional terms for an Adapted Material are the ShareAlike requirements. This makes it pretty easy to simply add "For purposes of this Public License, a video game or computer game will not be considered an Adapted Material." to the license, remove the part about music synced to images from the license, and be done with it. Very easy.
In short: neither define whether a game is a collection or a derived work, but it's easier to add an explicit ShareAlike exception in SA 4.0 than in SA 3.0.
"If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License."
And the only practical difference between CC-BY 4.0 and CC-BY-SA 4.0 is:
"The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License."
Basically this means that if you are assuming a game is considered an Adapted Material, then under both CC-BY and CC-BY-SA the game as a whole must follow their respective restrictions for Adapted Materials (above). If you assume a game is not considered an Adapted Material, then the only requirement which needs to be followed is the Attribution, both for CC-BY and CC-BY-SA.
The CC-BY rule practically means that your derived work must be licensed in such way that licensees must still comply with the CC-BY for the original work ("this Public License" refers to the license on the CC-BY licensed work - the contract with the licensor, not to the CC-BY license text). This allows mixing CC-BY with non-CC.
The CC-BY-SA rule is pretty clear. The derived work will be CC-BY-SA, so any part of the final product (not the source material) will be under CC-BY-SA, requiring that the source material must be relicensable as such. This simply does not allow mixing CC-BY-SA with non-SA (unless of course a game is not considered an Adapted Material).
@Teken Am not. I read the different versions of the CC-BY-SA license and compared them with different versions of the CC-BY licenses. Spent more than enough time on that.
Also, where you quote me.. Binary game content, means exactly that, the CONTENT that is mixed with the SA; not executables. If you're going to interpret licenses, then DON'T SKIP ANY WORD. Pretty literal stuff.
Copyright law is always (except fair use etc) on the side of the copyright holder, so if you don't understand the license, then you don't have any rights. You simply cannot make assumptions.
@gobusto Read my series on the 3ds Max file format. It explains everything.
http://www.kaetemi.be/wp/2012/08/17/3ds-max-file-format-part-1-outer-fil...
Agreed.
So far, I have this blurb:
The "included in modified form" part is required to avoid the loophole where you include a modified non-SA version in the game, so a modified version will be included under this SA licence in unmodified form.
The "presented in ... form" is required to allow run-time modifications necessary for presenting the material to the user.
This could probably hold up generally without the "video game or computer game" part, but need to double check that.
cemakalyoncu: Yes, I know. I was comparing the exact wording of the CC-BY with the differing portion in CC-BY-SA to find what exact wording would be required in the license to allow providing specific redistribution exceptions for combining CC-BY-SA with non-SA works while still requiring the attribution.
Also, for completeness sake, the difference between a derived work can be compared as follows. Glueing ten cutouts from folders onto a piece of paper is not a derived work (no creativity); glueing ten cutouts from folders onto a piece of paper to create the impression of a landscape does make it a derived work (requires creative thought). A game will in nearly all cases count as a derived work, and as such the CC-BY-SA license must be placed on the entire binary game content (not on the source data) when any CC-BY-SA content is being used in the game.
The only way to combine CC-BY-SA content with non-SA content in a game, while still requiring attribution, is to have an explicit exception from the copyright holder considering video games or computer games not being Adapted Material.
Had a really long look through the SA 3.0 and SA 4.0 licenses as well...
Under SA 3.0, defining a game as a collection ends up being very borderline. The definition of collection specifically states "unmodified" and "in it's entirety" (this is so modified versions are considered a new Work and fall under the same license again). This practically means that when animating a rigged mesh, the posed mesh becomes a new Work under the SA license. So far that works out fine, you can still put the posed mesh in your game without problems. The issue comes once you start alpha blending and anti-aliasing with other works, where other parts of the rendered image inside the blend would also be considered as part of the new Work, and thus also fall under the SA license (yeah, seriously). This works in most cases, as there's no requirement of source materials being mixed with to be SA, but will fail in reality, as other assets (trademarked logos, etc) may not be relicensable as SA in mixed or rendered form (I can't just license an image containing someone else's trademark under SA), and makes it less practical under 3.0 to add a licensor's exception considering games as a collection.
With SA 4.0 a Collection is no longer defined, and the entire structure of the license is changed to essentially require ShareAlike only for anything defined as an Adapted Material, and the only additional terms for an Adapted Material are the ShareAlike requirements. This makes it pretty easy to simply add "For purposes of this Public License, a video game or computer game will not be considered an Adapted Material." to the license, remove the part about music synced to images from the license, and be done with it. Very easy.
In short: neither define whether a game is a collection or a derived work, but it's easier to add an explicit ShareAlike exception in SA 4.0 than in SA 3.0.
Regular CC-BY 4.0 contains this line:
And the only practical difference between CC-BY 4.0 and CC-BY-SA 4.0 is:
Basically this means that if you are assuming a game is considered an Adapted Material, then under both CC-BY and CC-BY-SA the game as a whole must follow their respective restrictions for Adapted Materials (above). If you assume a game is not considered an Adapted Material, then the only requirement which needs to be followed is the Attribution, both for CC-BY and CC-BY-SA.
The CC-BY rule practically means that your derived work must be licensed in such way that licensees must still comply with the CC-BY for the original work ("this Public License" refers to the license on the CC-BY licensed work - the contract with the licensor, not to the CC-BY license text). This allows mixing CC-BY with non-CC.
The CC-BY-SA rule is pretty clear. The derived work will be CC-BY-SA, so any part of the final product (not the source material) will be under CC-BY-SA, requiring that the source material must be relicensable as such. This simply does not allow mixing CC-BY-SA with non-SA (unless of course a game is not considered an Adapted Material).
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