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Follow up on the tests; looking for CC-BY content

I’ve written about my idea of writing my own testsuite for uif2iso and using CC-BY-NC-SA music from Jamendo to do the trick, unfortunately it seems like I cannot do that:

If your project is non commercial, you can use the music without paying for a license as long as your project respects the rules of the Creative Commons ( It means that Gentoo has to be distributed under a Creative Commons License. If not, then you do have to buy a license, even if it is a non-commercial project.

Seems like mere aggregation becomes a problem too. Coincidently there was a poll on the Creative Commons site about the NC clause the other day, and I already expressed there my doubts about the “mere aggregation” case.

As it is, it becomes a problem for me to use the album by Countdown for my testsuite project, which actually makes me a bit sad since I really liked the album and would have liked to give the testsuite a fun character with something I liked. I guess I’ll have to find something else.

So if somebody knows where I can find some CC-BY content, I’d be glad to hear it; my idea was to use an image and an audio file, just to have two different size magnitudes. Metal would probably be more acceptable, but I guess anything at this point works. My reason for looking for those is that they can be easily used for other type of tests, for instance mp3 or OggVorbis files can be used for tag reading/writing programs for testing purposes.

On a different note, thanks a lot to the (anonymous) user who sent me The Hitchhiker’s Guide To The Galaxy radio series, tonight I have something to look forward to when I’m done filing bugs!

Comments 9
  1. Wouldn’t this mean we need to add RESTRICT=mirror to any ebuild under NC to stop from having their distfiles on our mirrors?

  2. The problem seems indeed to be SA as Matija pointed out. The problem is, what is a derivative of that mp3 file in my case?Is the UIF file a derivative?Is the ISO file a derivative?Is the ebuild a derivative?Is Gentoo a derivative?I’d answer no to the last two but Jamendo seems to think the answer to those is yes.And there is the other problem that the distfile has to reside somewhere, either I get liable or I have to put it on the mirrors. Which is a no-no situation.

  3. You might simply contact the band. They’d likely like the exposure and simply grant you a direct license free of charge.Manganeez

  4. As a law student I’d also agree with you that en ebuild is not a derivative of that piece of music. It would be also arguable if the ebuild *itself* can be thought as distributing the mp3.I’d say that the ebuild is a means of distributing it. But that the .mp3 file being available on a Gentoo mirror and being pulled by Portage is a means of distributing (yet not derivation!). Hence the name GNU/Linux distribution ;)Using it in a movie is considered a derivation/derivative work.I think you could either* search for content without the CC SA clause in it (e.g. using http://search.creativecommo… )* publish your own work in the CC BY NC SA* as Manganeez pointed out, contact the band to get their permission* there’s probably other ways, but it’s too early in the morning for me and I haven’t played with IP law for a while :/P.S. Just to remind you: GPL-2 is not compatible with CC, while GPL-3 *is*.

  5. Hi !I would say no.When your insert a flickr photo that is under a CC-by-sa license in your blog, do not require to put your entire blog under a CC-by-sa license.It’s the same for music, putting a CC music in a game (with the credit) does not require the game to be under CC or GPLand so onhope this helps …

  6. The problem is whether you inserting the music piece in the video can be considered a derivation of it or not.@lkratz:This is not entirely true. Even Wesnoth had problems with CC art included in GPL-2 code. Luckily we are talking about theoretical problems (so far), but still.

  7. Why don’t you suggest to Jamendo to include an option in their search to search only for works that you can share using another license (i.e. without the SA clause)?I think they wouldn’t mind including that feature…

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