[cc-community] Strengthening the CC-BY-SA copyleft with respect to code

drew Roberts zotz at 100jamz.com
Wed Dec 21 14:08:44 EST 2011

On Wednesday 21 December 2011 13:34:25 Bart Kelsey wrote:
> Seems fairly clear to me.  This goes back to what Chris said about layers.
> Something like ScummVM is a generic program.  Nothing in ScummVM (that I'm
> aware of, anyway) references a specific piece of media.  The scripts and
> such that run *on top* of ScummVM reference specific pieces of media,
> though, and would as such fall under these provisions.
> Some games are layered as follows:
> Engine -> Media
> In these cases, the engine pretty much *has to* reference the media
> directly, or else it won't know what to load.
> Other games are layered like:
> Engine -> Script -> Media
> In those cases, the *scripts* generally reference the media directly, so
> the scripts would fall under the provision and the engine would not.
> When I say "references directly", what I mean is that there's some
> instruction to load a specific media file.

But what if the setup was: load whatever file you find in the loadme.txt file. 
Then in that file the engine creator put the actual name they wanted loaded. 
Is this really far from just having the engine load that particular file 
> I really can't think of an instance where this isn't completely clear-cut.
> Either a program references a specific media file, or it doesn't.
> Ultimately, what this would ensure is that, even if the media were released
> with a proprietary engine, the engine would have to have an open and easily
> modifiable script layer, so at the very least:
> * The script layer, if it exists, would be under a libre license,
> * The engine would have to be moddable, and
> * The engine could theoretically be replaced with an open source
> implementation.
> On Wed, Dec 21, 2011 at 4:45 AM, Maciej Pendolski
> <beholder0x100 at gmail.com>wrote:
> > The question to me is: where could something be considered "part of
> > the same work"? I am not a lawyer but it seams to me that intent has
> > little (if any) legal effect (I might be completely wrong). No matter
> > how much directly is data being used/accessed, how can you tell that
> > game data directory is not just a "document" in an "interactive
> > document format"?

all the best,


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