[Robotica]

There might be another problem: the CC BY-SA license is incompatible with the GPL since with GPL commercializing can not be excluded.

So for your goals, this should be a good solution. Downside is that many distributions can not include your skin.

And did you think about of the fonts?

[jmarshall]

You can quite happily GPL an app and NC the textures or other data. Look at all the ID games for instance - the game is GPL'd but the data isn't. With addons this isn't an issue at all.

Simple solution is to adopt an NC license if you wish for your work to be protected in that manner.

In addition, should you wish to have the attribution, you could write to the amino group asking them to please attribute as per license. You can also request anything else that would be required under the license (eg request that they share-alike if they're not already doing so).

I don't see how not having the textures "open" helps here - if they're directly taking textures then they're subject to the license, and it's trivial to rip PNGs out of Textures.xbt.

Cheers,
Jonathan

[Robotica]

A complete skin are:
1- xml's calling XBMC code
2- Texture (containing .png image files)
3- Fonts (possibly)

How to license one and other depends on the author(s) and the XBMC source code. I see lots of similarities with the thesis discussion within the Wordpress community (http://wordpress.org/news/2009/07/themes-are-gpl-too/). This link gives the SFLC vision on this matter.

My conclusions:
1- should be gpl (like addons)
2&3- authors can choose

[jmarshall]

The XML files do not call XBMC code and do not intermingle with XBMC code. Rather, they are similar to HTML or CSS in that they contain a recipe for layout of textures to form the user interface and specify what to do based on certain events. They are designed to extend XBMC, however XBMC provides a skinning API specifically for this purpose, and thus it's unlikely that one could transfer the license over this API boundary. It's certainly not similar to Wordpress, where PHP code intermingles and one can't differentiate between the two in a running instance.

However, one might argue that some skins are derivative works of Confluence, which I'm guessing is GPLv2+, however this isn't quite clear and it would be hard to convince someone either way as there's only so many ways to do the same thing. With Hitcher's new "base" skin which has been built upon by quite a few it becomes less of an issue.

I'm quite happy to ask the the SFLC for legal advice on that should skinners be concerned about the licensing of their skins.

Personally I don't mind if someone uses my work in a commercial product, particularly if they give back to the community. It's nice to have recognition, but I find that those that tend to take and not give back also tend to disappear without a trace as their company folds.

Cheers,
Jonathan

[Jezz_X]

.....
However, one might argue that some skins are derivative works of Confluence, which I'm guessing is GPLv2+, however this isn't quite clear and it would be hard to convince someone either way as there's only so many ways to do the same thing. With Hitcher's new "base" skin which has been built upon by quite a few it becomes less of an issue........

I think it would be safe too say that confluence and pm3 have probably been used as a base for 80 to 90 % of the skins out there. even if its 2 generations down (based on a skin based on them) the question is when does enough get changed that its no longer a derivative but a new project (like this issue)

But anyway this is really getting off topic the answer to Hitchers original question is make sure you licence it properly in the beginning.

[topfs2]

I think it would be safe too say that confluence and pm3 have probably been used as a base for 80 to 90 % of the skins out there. even if its 2 generations down (based on a skin based on them) the question is when does enough get changed that its no longer a derivative but a new project (like this issue)

But anyway this is really getting off topic the answer to Hitchers original question is make sure you licence it properly in the beginning.

Infinite in theroy, unless i missunderstand your question. If i base on your work and incrementally change it to be completely new code it's still thr old license. However your are allowed to take.inspiration from the code and write new and you are in charge of the license. That's when it gets iffy

And as jmarshall said the XML is following an API or spec and xbmc renders it. Much like you can have a gpl webbrowser reading and displaying a webpage without enforcing the webpage to gpl.

[dashford]

Try contacting them asking for attribution and what their plans are for releasing the code that they based on Alaska.

As far as attribution goes you're entitled to specify the manner in which they attribute:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

I don't know what the reasonable limits for attribution are, you may be able to request that every backdrop contains a picture of you!

[mediakill]

I saw this on their tablet when i saw their ad it did look awfully familiar and thinking it did look like a xbmc skin. Thing is theres alot of new tablets to market and they have to usually develop their own touch apps to get the ball running, so the first thing most of them do is include a touch media player center. Usually to show off their touch features of running music,movies,etc

Doesn't surprise me that some inventive designer came across xbmc on the web while researching software for ideas and borrowed from it. Sadly this one didn't just borrow but outright stole the look of like 80-90% of it! Compared side-by-side not much as changed!

Excuse me if i speak out of line but all this talk of passivity and just shrugging your shoulders is pathetic. All this talk of just accepting this behavior as the way it goes is a defeatist attitude. The artwork and design was stolen and a lawsuit is in order. This is a clear cut copyright infringement. All this talk of talking to them nicely and asking for credit and a donation is b.s. Thats not the action of men but mice.

You wanna know this behavior goes on? Its because designers roll over and don't fight back for what they deserve. Bluntly? Most designers are passive pushovers who get pushed over by the system and are intimidated by the idea of going to court and fighting for their rights. simple as that. Bitch among yourselves and accept getting bullied. great plan for action. Arguing over licenses for usage however not going to court to defend whats really yours...

I'd sue their asses straight up and any lawyer will take this case. Probably the company will settle if its that obvious as this. Real men take action to defend whats theirs, not gossip and shrug off into the corner like little girls

[mediakill]

You guys could add 200 licenses change them left and right but unless actually have the balls to go to court its pointless. Sadly all i hear is the words of cowards. Democracy my ass unless you wanna fight for it. think i'll rebrand xbmc and just change its name. Doubtful anyone here from the looks of it would mutter more then a few squeaks of protest =P

[Hitcher]

I would like to point out that the intention of this thread was to get some clarification on protecting future skins not past ones - the 'Amino Freedom' thread just got me thinking that was all.

Another scenario would be if a skin was developed for a commercial project how could that skin then be released to the XBMC community but still be protected by copyright?

[mediakill]

past present future. Whatever. If the designer isn't ready to fight for their property. Guess what someone else will take whats unprotected. From all the talk i see here; all i hear is the words of fear and anger, but not anger to do anything about it.

Talking about protecting in the future? you could fight that case still in court against them NOW. It's not like anyone here is man enough to go to court and really defend their property

The issue here is not making some license so it never happens in the future. Make as many "cough cough" revisions as needed. Love XBMC and long time user but you guys are embarassing. The thefts will keep on coming unless you guys stand up and go to court. ITs that simple. However doesn't seem that way from what i'm seeing. coward talk left and right.

[mediakill]

like anything else its your copyright and you own it. Problem is most artists claim copyright but never fight for it even when its an open and shut case. They cite time and expense of going to court. Most are intimidated by the law and how it works yet claim protection under the law.

You guys give the impression of a bunch of cowards. I am seriously under the impression someone could take xbmc bluntly rename it and sell it with barely a murmur

[Jeroen]

You've made your point. Why don't you take some chill pills and show some respect.

[igotdvds]

@mediakill

Slow ya roll playa......lol

Seriously though, chill out, we dont need you in here harassing everyone. You're making this shit seem like real "work".

[mediakill]

LOL i just went to their website LOOKS EXACTLY LIKE XBMC!

if you guys don't sue them you guys seriously are a bunch of morons. it looks straight up the same. its not like they are running this from russia or asia. you guys have no excuse for letting this one go.