Licensing question about data for KStars

Hi

In KStars, we've been using unreliable data for what we call 'deep-sky
objects' (galaxies, star clusters, nebulae etc) because of licensing
issues. I've been wanting to fix that.

I wrote a mail to the editor of a popular database of deep-sky objects
used by several software (many of them under GPL) about using it in
KStars and re-distributing it under GPL. This was required because the
documentation says that the "data is released for private use of
anyone who wishes to use this database."

I got a response saying: "I have no problem with you using the SAC
data for the Kstars program.  It was released with the rules that it
is not sold as a seperate item." There have been other instances where
the redistribution under GPL has been permitted (See
http://www.freelists.org/post/sac-board/Permission-Request,5 for
instance)

1. Is this permission sufficient, or is something more required to
   redistribute the data

2. Is it required that I assign the original author / editor of the
   original catalog as one of the copyright holders of the
   GPL-licensed catalog?

3. I also used the HyperLeda database, which is used primarily for
   research purposes. They expect an acknowledgement in the following
   manner:
   http://leda.univ-lyon1.fr/acknowledge.html
   However, they do not specify any licensing terms. Would it be
   appropriate to use their data in KStars?

Currently, my proposed copyright notice looks like this:
# NGC/IC catalog (c) 2003-2009 by
# Jason Harris <kstars@...>, Akarsh Simha <akarsh.simha@...>
#
# This catalog was constructed from:
# 1. Saguaro Astronomy Club Deep Sky Database version 8.0 [Data used with permission] <http://www.saguaroastro.org/content/downloads.htm>
# 2. Other Public Domain Sources
# 3. We acknowledge the use of HyperLeda database for NGC 6218 and NGC 6334 <http://leda.univ-lyon1.fr>
#
# This catalog is released under the GNU General Public License:
# http://www.gnu.org/licenses/gpl.html


TIA.

Regards
Akarsh
Maintainer, KStars.
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Akarsh Simha wrote:

> Hi
>
> In KStars, we've been using unreliable data for what we call 'deep-sky
> objects' (galaxies, star clusters, nebulae etc) because of licensing
> issues. I've been wanting to fix that.
>
> I wrote a mail to the editor of a popular database of deep-sky objects
> used by several software (many of them under GPL) about using it in
> KStars and re-distributing it under GPL. This was required because the
> documentation says that the "data is released for private use of
> anyone who wishes to use this database."
>
> I got a response saying: "I have no problem with you using the SAC
> data for the Kstars program.  It was released with the rules that it
> is not sold as a seperate item." There have been other instances where
> the redistribution under GPL has been permitted (See
> http://www.freelists.org/post/sac-board/Permission-Request,5 for
> instance)
>
> 1. Is this permission sufficient, or is something more required to
>    redistribute the data

it's redistributable, but I don't think it is compatible with kde policy on
licensing: http://techbase.kde.org/Policies/Licensing_Policy

> 2. Is it required that I assign the original author / editor of the
>    original catalog as one of the copyright holders of the
>    GPL-licensed catalog?

Giving proper credit is probably good, regardless.

> 3. I also used the HyperLeda database, which is used primarily for
>    research purposes. They expect an acknowledgement in the following
>    manner:
>    http://leda.univ-lyon1.fr/acknowledge.html
>    However, they do not specify any licensing terms. Would it be
>    appropriate to use their data in KStars?

Ask them for licensing terms.

-- Rex

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[Jonathan Riddell-2]

On Tue, May 05, 2009 at 08:30:12AM +0530, Akarsh Simha wrote:
> I got a response saying: "I have no problem with you using the SAC
> data for the Kstars program.  It was released with the rules that it
> is not sold as a seperate item." There have been other instances where
> the redistribution under GPL has been permitted (See
> http://www.freelists.org/post/sac-board/Permission-Request,5 for
> instance)
>
> 1. Is this permission sufficient, or is something more required to
>    redistribute the data

They seem unclear on their own copying licence terms.  Some of the say
"public domain" which is great.  Others say "no commercial use" which
is not but the final message in the thread indicates this isn't the
actual case.

So the licence seems to be unrestricted use with acknowledgement,
which is fine for KDE.

I'd recommend writing to them (again) to clarify though and maybe
convince them to use the GPL directly, let me know if you want my help
on a good phrase to send them.

> 2. Is it required that I assign the original author / editor of the
>    original catalog as one of the copyright holders of the
>    GPL-licensed catalog?

Yes, they still own the copyright.

> 3. I also used the HyperLeda database, which is used primarily for
>    research purposes. They expect an acknowledgement in the following
>    manner:
>    http://leda.univ-lyon1.fr/acknowledge.html
>    However, they do not specify any licensing terms. Would it be
>    appropriate to use their data in KStars?

I don't see a download link for anything there, what actually gets
included?  It seems reasonable to infer that the intent is public
domain with attribution but I would e-mail them to check.

Jonathan
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Hi Jonathan

> > I got a response saying: "I have no problem with you using the SAC
> > data for the Kstars program.  It was released with the rules that it
> > is not sold as a seperate item." There have been other instances where
> > the redistribution under GPL has been permitted (See
> > http://www.freelists.org/post/sac-board/Permission-Request,5 for
> > instance)
> >
> > 1. Is this permission sufficient, or is something more required to
> >    redistribute the data
>
> They seem unclear on their own copying licence terms.  Some of the say
> "public domain" which is great.  Others say "no commercial use" which
> is not but the final message in the thread indicates this isn't the
> actual case.
>
> So the licence seems to be unrestricted use with acknowledgement,
> which is fine for KDE.

Sounds good. I included a patched catalog (made of their catalog and
KStars' old GPL licensed catalog) and released it under GPL with the
editor of the SAC catalog as one of the copyright holders. I also
mentioned that the data is used / released under GPL with permission.

> I'd recommend writing to them (again) to clarify though and maybe
> convince them to use the GPL directly, let me know if you want my help
> on a good phrase to send them.

It looks like they aren't much worried about licensing :). I'll write
them a mail recommending this.

> > 3. I also used the HyperLeda database, which is used primarily for
> >    research purposes. They expect an acknowledgement in the following
> >    manner:
> >    http://leda.univ-lyon1.fr/acknowledge.html
> >    However, they do not specify any licensing terms. Would it be
> >    appropriate to use their data in KStars?
>
> I don't see a download link for anything there, what actually gets
> included?  It seems reasonable to infer that the intent is public
> domain with attribution but I would e-mail them to check.

The results of queries on their database is what I'd like to
include. HyperLEDA is one of the scientifically accepted standard
sources for data on astronomical objects. So their 'Acknowledgement'
policy mostly deals with use of the data in a scientific paper, for
example.

I tried sending them a mail, but didn't get any response. What I
wanted to know is - how will such a policy for scientific papers carry
through to software? Or will it carry through at all?

Regards
Akarsh
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