Soldier player model

[divVerent]

Well, we do take donations, and that can be constructed as commercial use. Happened to others before, even a single ad banner that the WEB HOSTER placed (on which you have no influence) may cause a court to rule that this is commercial use.

[Taiyo.uk]

Indeed. It does not have to be you who is making money.

The GPL requires no discrimination on fields of endeavour, including commercial use. To avoid legal issues, it's probably a good idea to seek legal advice. The SFLC might be able to help here.

[halogene]

Only a thought - sometimes things can be solved by just asking kindly. If it is not about GPLing products of terragen in general but rather one or two specific images generated with it, it might be worth a shot to just contact them and ask. In exchange for mentioning the software in the readme or similar they might grant the user that created the images the right to publish such specific images under the GPL.

This should of course be done in writing and naming the creator of the images and including the images as attachments of course. This would be a one-case solution only and will not help others that produce something with the software, but still.

I don't think they will include a general passage that says "Publishing under GPL is ok if it is for Nexuiz" in their EULA though, even with their name on the Nexuiz website :o)

[Taiyo.uk]

I don't think they will include a general passage that says "Publishing under GPL is ok if it is for Nexuiz" in their EULA though

Even if they did, it'd be a meaningless statement since the GPL is a non-exclusive license.

[Alien]

No. It depends on the actual license text. Non-commercial use is not world wide accepted term and should be defined in the license. Currently investigation is going on how creative commons non commercial use should be regarded in various contexts. As I said, terragened images CAN BE licensed as gpl. EULA license applies to the user, not for the product. This means: you (or your organization) can't use terragen to make money or any other gain which would be defined by them as COMMERCIAL USE.

For your curiosity:

Code: Select all

b.   Non-Commercial Use Restriction.  The software may only be used for non-commercial use, except as provided below.  “Non-commercial use” may include the following: teaching, academic research, public demonstrations, and personal experimentation. 

Without limiting the above restriction, this software, permitted modifications or programs you create using this software, may not be used for commercial purposes.  Examples of commercial purposes would be running business operations, licensing, leasing, or selling the software, distributing the software for use with commercial products, using the software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.  Commercial purposes do not include a limited one-time internal evaluation of the software. For such purposes, you may not use the software in a live operating environment or for longer than sixty (60) days unless Microsoft permits you to do so under a separate commercial license.


This is Microsoft Non-Commercial use license.

Interesting case is that Microsoft defines how end-user creation should be licensed:

Without limiting the above restriction, this software, permitted modifications or programs you create using this software, may not be used for commercial purposes.