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FAQ conflicts with terms of Sphax license

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Treguard's picture
Treguard
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Joined: 02/06/2013

Hi, I'm curious about the "no mirrors" rule that you have in your FAQ and how this fits with the license you are using:

[quote]-6- Can I host/mirror your pack and share the link?

NO! You can post a link to the download of the texturepack but use the original Adf.ly links. The best is to link to bdcraft.net.[/quote]

You are using the Creative Commons Attribution + Noncommercial + NoDerivatives license which specifically allows distribution of your work as long as it is non-commercial and attribution is retained.
https://creativecommons.org/licenses/by-nc-nd/3.0/legalcode
[quote]3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections; and,
to Distribute and Publicly Perform the Work including as incorporated in Collections.
[/quote]

(it's probably also arguable that "the Work" is only the images and not the container they come in and as such somebody producing a merged/remixed sphax pack with their own is simply creating a "Collection", but meh, that'd be one for someone with a bunch of money for lawyers to decide, lol)

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HanFox's picture
HanFox
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I am Forum Lead ModeratorI released a major BDcraft patchI love galleriesI searched for an answer myselfThe Cake is a lieI explored bdcraft websiteI like to comment everythingI love to post here
Joined: 16/04/2012

Yea, but if you actually read the rest of that section:
[quote]The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Adaptations. Subject to 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).[/quote]
This only extends (as pointed out by the FAQ) to allow people to use the works as parts of videos or anything else Sphax gives permissions for.

4e expands that you can't actually change any part of it, too. Which arguably includes repackaging it as well as it was only ever intended to be transmitted in it's original container.

Regardless, if you go to the Creative Commons - Choose a License page and select non-commercial and non-modifiable it gives you the Attribution-NonCommercial-NoDerivs 3.0 Unported which is the one in use.