by amuzen » 10 Jul 2011, 00:38
IANAL but the license doesn't say that a human character shall not be portrayed in the close proximity of an eel or some such thing. Neither the license nor the FAQ specify what constitutes a "derogatory action" and there's certainly nothing in either that explicitly supports the claim that you can't use CC-BY-SA in a sexual context. They leave the exact definition to the jurisdiction of the original author.
At least from what I understand, the word "derogatory" doesn't carry a generic meaning that's strongly related to sexuality. In the context of the license, a "derogatory action" means an attack toward someone's person with the purpose of making them look bad, I think. That'd generally mean something like plastering the work with some "$AUTHOR sucks". It's not a clear cut issue whether using a piece of art in a sexual context constitutes a derogatory action toward the original author.
Whether using a piece of art in a sexual context is a license violation is an even more difficult question. For that to be the case, the jurisdiction of the original author must say that it's possible. The original author must feel that the piece of art is reproduced in a way that's an attack against their person. Finally, the author must be unwilling to resolve in the normal CC-BY-SA way: by asking their attribution to be removed.
Based on my limited understanding, I'd say that the statement that using CC-BY-SA content in a sexual context is a definite license violation is incorrect. It's a subjective issue that depends on, among other things, the situation and the opinions of the author. In the case of any art that I have created for LoS, it isn't a violation.