SMC open source art being sold as game toolkit

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SMC open source art being sold as game toolkit

Postby qubodup » 24 Oct 2012 23:33

SMC art is part of a Unity art projects that is for sale at USD 40, which has been sold 7 times at time of writing this post.
http://activeden.net/item/bumblebee-and ... =kiranmaya

See "more images":
http://activeden.net/theme_previews/284 ... plete-game

If SMC art is licensed under GPL or CC-BY or CC-BY-SA, the requirement to give credit and to state the license might be infringed upon in the screenshots alone. The product description might be inadequate, because it mentions neither copyright information nor license information.

It is unknown to me, whether the copyright and license information is provided inside the sold product.

I am not a lawyer.

If the copyright holder of the art reads this and confirms that this is an infringing use, they can request takedown from activeden, or make a deal with the seller (I'd go for 50% of the income for this product).

If the creator of this pack has permission from the copyright holders to use the art under different terms, then there might be no problem.
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Re: SMC open source art being sold as game toolkit

Postby BowserJr » 25 Oct 2012 06:01

So he's taken our somewhat inconsistent art, mixed it with some random bee images and created the most jarringly inconsistent looking thing ever? Sounds like a solid business. :roll:
As far as I know, all our art is still GPL. Anyone distributing it needs to release their product as GPL and provide the source code, which in this context is taken to be the SVGs. Although these may be available in the $40 package, it's certainly not distributed in any way to people who download from the Play Store: https://play.google.com/store/apps/deta ... .bumbleBee , so that's a GPL violation. Obviously, our copyright holder is away at the moment, so I'm not sure who can take action over this. Thanks for letting us know, and I really hope no one's actually bought this and is planning to use it for their non-GPL products.
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Re: SMC open source art being sold as game toolkit

Postby qubodup » 25 Oct 2012 11:03

BowserJr wrote:it's certainly not distributed in any way to people who download from the Play Store: https://play.google.com/store/apps/deta ... .bumbleBee , so that's a GPL violation.

Sources might be included in the .apk (I can't check, my only Android is not supported). Alternatively, a written offer seems to be enough:
http://www.gnu.org/licenses/gpl-faq.htm ... OfferValid
http://www.groklaw.net/article.php?stor ... 8155841115

I really wonder whether it's required to state the license before the product has been purchased and if the screenshots (without copyright/license info) are a violation or not...
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Re: SMC open source art being sold as game toolkit

Postby Luiji » 29 Oct 2012 20:06

He's selling it under licenses other than the GNU General Public License. This is a violation of our terms.

How should we go about this? BowserJr?
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Re: SMC open source art being sold as game toolkit

Postby qubodup » 29 Oct 2012 20:17

Luiji wrote:He's selling it under licenses other than the GNU General Public License. This is a violation of our terms.

I would recommend that you compose an email to http://gpl-violations.org/about.html containing info how the GPL is being violated.

By the way: there is (was?) a statement by the FSF that game engine and data can have separate licenses even when the GPL is involved, but I can't find it right now. :( Of course even if that is true, at least the art would have to be GPL-licensed in that pack.

PS: Something similar on http://www.libervis.com/article/rms_on_ ... n_free_art but I think there was a statement in the FAQ or somewhere else on fsf.org or gnu.org. Perhaps they reconsidered it. :)
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