Unless otherwise stated, the text, images, videos, sounds, code and other materials on this site are © copyrighted 2008 by Yuval Levy and are licensed under a Creative Commons License, with the exception of the Windows binary installers that may be published or linked from this blog, and for which the licensing terms are below.
You are kindly asked not to copy my work and not to deep-link to files, particularly to the Windows binary installers that I may publish from time to time. Instead, please link to this blog so that my work can be seen in its intended context.
Windows Binary Installers
In a nutshell:
- End-User: Enjoy the software. It’s your to use. Install and run it on how many computers as you want, as often as you like.
- Distributors: You may link to this site. You many not redistribute files containing artistic content distributed under the license below.
Legalese
The builder-tester artistic license (BTAL) version 1.0
Copyright (C) 2008, Yuval Levy
All rights reserved.
Originals available for download at http://panospace.wordpress.com/
The main purpose of these files is to distribute a simple game: find the hidden artwork! Undocumented features (also known as easter eggs) of the binaries in these archives and files will display the artwork. To maintain a realistic easter egg feeling, the binaries are fully functional software for educational purposes only. It is your sole responsibility to abide by your jurisdiction’s laws applicable to the binaries, including also copyright law, trade mark law, patent law. If in doubt, don’t use these files.
The artwork is subject to the following licensing terms:
- You may make as many personal copies as you want
- You may run it on how many of your computers as you want as long as you respect your local law, particularly patent law
- You may not modify the artwork
- You may not distribute the artwork
The software itself is subject to its own license.
FAQ
Q: Does this software function like the real hugin / enfuse /enblend /autopano?
A: Yes – the original functionality of the software is untouched, but remember it is for educational purposes only.
Q: Am I allowed to use it?
A: Depends on your jurisdiction. Part of the software is subject to patents in some jurisdictions, notably the United States of America. Consult your lawyer to find out if your use would be legal. If in doubt don’t use the software.
Q: Does the easter egg use more RAM or CPU power?
A: No – the original functionality is unaffected and performs exactly as if the easter egg was not there.
Q: Why are you doing this?
A: The moral contract underlying free software is that every improvement has to be contributed back to the source of the software. Proprietary software developers have elected to keep their software for themselves and not to participate in this community model. That’s their right and it is perfectly acceptable. Many of them find ways to build business models that are symbiotic and compatible with free software. Unfortunately a few of them have built part or even all of their business on unethical scavenging, and that’s unacceptable. By using the files as a vector to distribute both the free software and the non-free artwork, I can make the software available to legitimate users while protecting my work from scavengers.
Q: What is scavenging?
A: Using the work of others; taking undue credit for it; diverting resources from the community. Specifically: using the result of an open building and quality assurance process for a closed project.
Q: How is scavenging different from stealing?
A: A thief will “borrow” lines of code from the source and integrate them into his own source. He will still run his own building and quality assurance processes. To do so requires skill and time. A scavenger will wait for others to run these processes and will serve himself of the products, spending the least possible amount of his resources and maximizing his profits at the detriment of the community.
Q: how is scavenging different form interoperability?
A: Interoperability is defined as the communication between two programs. Interoperability adds value to the user. Free and proprietary programs are known to interoperate often, with each side adding value to the user’s application. Scavengers use disguised interoperability mechanisms to mislead the public into believing that their program adds more value than it truly does.
Q: I am a user, why should I care?
A: The scavenger is diverting into his pocket resources that would otherwise go into the development of the software you need. You are better off by giving your positive feedback, in-kind donations and money to the people working on improving the software, not to those scavenging on it and on you.
Q: Isn’t the code protected against scavenging by the GPL and other copyleft licenses?
A: Indeed the code is protected, but it takes more than just code for a distributable binary and the building and quality assurance processes are being scavenged because they are not protected.
Q: Can’t the scavenger work his way around the BTAL by building his own binaries from source?
A: Yes, and he should do so! If he wants to play games, that’s what these binaries are for. If he spends his time and resources to build and test the binaries, technically he is no longer scavenger. Even if unintentional, the production and distribution of binaries is a symbiotic contribution to the community, as community resources become free for other tasks.
Q: Why is scavenging unethical?
A: It is contrary to the spirit of the free software licenses. The scavenger uses what he believes to be a legal loophole. We leave the discussion of legality with respect to the GPL to another venue and unmistakably state: the files containing the artwork are not for scavengers.
Q: Why do the scavenger want to avoid the GPL and other copyleft licenses?
A: Because they would be required to open their source code, effectively showing how little value it adds and/or voiding their business model built on user’s lack of information and willingness to pay.
Q: If you give free software away for free, why do you care? They are not stealing your business.
A: Free software is not given away! It is given with a moral and legal obligation to give back, in the interest of improving it for the benefit of the general public. Besides, if your money would flow toward the free software, you would get more bang for the bucks!
Q: Isn’t scavenging illegal according to the GPL?
A: Unfortunately it is not so clear. The GPL mandates that derivative software is licensed under the same terms. Scavengers claim that their software is not a derivative. We’ll argue against their claim in court if necessary. By protecting our artwork we believe to have taken a clearer and stronger avenue to make scavenging illegal.
Q: How is the BTAL compliant with the GPL and the other licenses affecting the software?
A: Copyright protects the work of the mind. Where different, independent minds are involved, there are different works. Each of those works is entitled to copyright protection and thus to its own license. The GPL and other copyleft licenses mandate distribution of derivative work under the same terms. The artwork inside the easter egg is not a derivative work of the GPL-licensed code and thus not subject to the GPL. If it was ruled to be a GPL-derivative, so would be the scavenger’s code too. The intention is to either force the scavenger to release their source code under the GPL and participate in the community, or keep them at distance from the binaries, protecting the community from freeloaders.
Q: Can’t the scavengers simply remove the artwork and easter egg from the binaries ?
A: Sure they can. Best way to do is to get the source code and build it from scratch without embedding the artwork and easter egg, but this defeats the purpose of scavenging.
Q: What is a copyleft license?
A: A copyleft license is a license that request the user of derivatives of the work licensed to license it under the same terms.
