I should probably disclaim that I'm not a copyright lawyer, and this is not legal advice, so don't sue me.
I do have a clue, tho.
selden wrote:Revent,
Thanks for your attempt at clarification, which seems to make sense. Unfortunately, it means that many existing Addons probably are illegal.
Not really illegal, since copyright is a civil issue. It's not a crime to violate a copyright, and only a probem if the copyright holder chooses to enforce it. If Chris doesn't care about addons that should technically be GPL'd but aren't, noone else can do anything about it or force him to do so.
OTOH, if the holder of a copyright tries to object to someone else using his work (that should be GPL'd), proving that it's required to be GPL would be a valid defense.
(This is separate from the issue that people often fail to give credit for the images that they use in the Addons that they've created.)
Many Addons include astronomical pictures which are derived from images which are not in the public domain. Paragraph 2b of the GNU General Public License essentially requires that all components of a work derived from a GPL'd product be covered by the GPL. Unfortunately, for example, the use of images provided on the Web by NOAO must comply with the terms of NOAO's license, which is not the GPL.
You're misunderstanding what the GPL means.
The images are a separate issue. Yes, redistributing an NOAO image without attribution IS a violation of their copyright, any they could restrict redistribution (though they don't for personal or educational use). Including their image in a zip file with your addon is NOT producting a derivative work, though. You are only redistributing it. A derivative work from it would be something like an electronic christmas card program that has NOAO images hardcoded into it, or a poster. (As a side note, NOAO explicitly allows the authorship of derivative works for personal use, as long as you give attribution.) The only interaction between the SSC and the image occurs through Celestia, and both Celestia and the image using the gif, png, or whatever license. IOW, a zip file /is/ an aggregation, because the addon does not incorporate the image into it's substance. You do not own copyright on a zip file that you produce, and the addon is not, in a legal sense, the zip file, it is the actual work you created that is stored in the zip file.
SSCs, STCs, and the like are derivative works under intellectual property law. They are explicitly designed to work with a copyrighted program interface. The 'data format' of those files and the way the program interacts with those files is intellectual property that Chris owns, and has chosen to distribute under the GPL. Thus they must be under the GPL, and any other program that interacts with those files in the similar or a same way (not just a generic text program, but something like if they added SSCs to Orbiter) would have to be GPLed.
A perfect example of this is Linux. Linux is distributed under the GPL, and thus any derivative work (which includes both installable modules AND linux-specific user-space programs) is required to be distributed under the GPL, if you follow the terms of the GPL. The difference in that case is that Linus has specifically and publically stated that he will not consider them to be derivative works, and this means that someone who doesn't GPL his linux device driver will never have to worry about Linus suing him. (This whole issue has been widely discussed on the net, because RedHat is no longer GPLing their distribution. It contains proprietary user-space programs.)
In the case of a compiler, if I write a programming language and an interpreter for it, and distribute it under the GPL, any source code written in that language must be distributed under the GPL (it uses an interface that I own and have licensed under the GPL). This is not the case if I write an interpreter for a language I don't own, though, or if I write a compiler (because the compiled program no longer needs to interact with my software in order to function).
Anyone who writes an SSC holds the copyright on that SSC, but they can't distribute it under any license other than the GPL unless Chris either specifically gives them permission or gives everyone permission. He would do that by publically (in a way that could be documented, IOW) stating that he wouldn't consider certain items to be derivative works. Doing so doesn't change the GPL at all, but under the principle of estoppel he could no longer sue to enforce his license on those derivitave works. (Estoppel is the idea that if you take action on the basis of some statement that I assert to be true, I have no grounds to later sue you for doing so. I cannot lie to you in order to trick you into doing something that I can sue you for. When I say I won't sue, it is binding.)
BTW, Visible Earth images are copyright-free because NASA is an agency of the federal government, and the government is prohibited from owning a copyright. There's a bit of trivia for you.