buggNewSense GNU/Linux - Bugs: bug #34577, beneath-a-steel-sky has freedom...

 
 

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bug #34577: beneath-a-steel-sky has freedom problems

Submitted by:  Jason Self <jxself>
Submitted on:  Mon 17 Oct 2011 10:20:52 PM UTC  
 
Category: NoneSeverity: 3 - Normal
Item Group: NoneStatus: Invalid
Privacy: PublicAssigned to: None
Open/Closed: Closed

Sun 11 Mar 2012 04:00:54 PM UTC, comment #5:

I interpret clause #2 as "You may distribute it in any software distribution, including commercial games collections". The preamble clarifies that you won't make friends with them if you include it in a commercial games collection.

Sam Geeraerts <samgee>
Project Administrator
Tue 18 Oct 2011 05:23:21 PM UTC, comment #4:

> if interpreted strictly


Well the license says what it says, and also doesn't say what it doesn't say. Please remember that the default state of copyright is "All Rights Reserved", so the license grant is what dictates how it can be used, since copyright already forbids everything by default. I suppose someone could always disregard what the license says, and then run into problems later.

The preamble may not be legally binding but, as they say, it does serve to clarify the intent of the license. IMO, the point made in the preamble, when viewed in the light of what the license says, makes it clear that they have problems with it being used commercially.

Jason Self <jxself>
Project Member
Tue 18 Oct 2011 05:09:00 PM UTC, comment #3:

"Possibly commercial" means "commercial or noncommercial".

The "not legally binding" thing about "commercial adventure game collections" contradicts the point about distributing in larger software distributions if we consider "playing dirty" to be something not allowed.

I believe it's not the only package with non-legally binding text about what should be done with it, limiting freedom if interpreted strictly (e.g. packages with documentation recommending some ways to keep it compatible with other systems, or not to sell it without doing something creative) and I don't consider it a problem.

Michał Masłowski <mtjm>
Tue 18 Oct 2011 01:00:05 PM UTC, comment #2:

What about the part where they want you to ask them before distributing it commercially?

"using it in things like commercial adventure game collections without asking is just playing dirty"

"may distribute it in aggregate as part of a larger & possibly commercial software distribution"

Possibly commercial? Because they want you to ask, as they say in their preamble, which is to "clarify the intent of the
following license."

Per the FSF, "Being free to do these things means (among other things) that you do not have to ask or pay for permission to do so."

Jason Self <jxself>
Project Member
Tue 18 Oct 2011 10:24:03 AM UTC, comment #1:

Already reported, https://savannah.nongnu.org/bugs/?32287. We have the same situation with Open Font License, explicitly stated on https://www.gnu.org/licenses/license-list.html#SILOFL to be free.

Michał Masłowski <mtjm>
Mon 17 Oct 2011 10:20:52 PM UTC, original submission:

In beneath-a-steel-sky_0.0372.orig.tar.gz/beneath-a-steel-sky_0.0372.orig.tar/ bass-cd-1.2/readme.txt I found the following. The preamble worries concerned me, with the comment that "using it in things like commercial adventure game collections without asking is just playing dirty." Why should you have to ask? The FSF's free software definition they say that "Being free to do these things means (among other things) that you do not have to ask or pay for permission to do so."

But point #3 also seems to raise freedom problems because, again per the FSF, "you should be free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere."

The Legal Stuff:

Preamble:
Basically, give this game away, share it with your friends. Don't remove this
Readme, or pretend you wrote it. You can include it in a software collection,
like a linux distribution or coverdisk (which may be sold), but using it in things like commercial adventure game collections without asking is just playing dirty. This preamble is not legally binding, but is to clarify the intent of the
following license.

License:
1) You may distribute this game for free on any medium, provided this readme
and all associated copyright notices and disclaimers are left intact.

2) You may charge a reasonable copying fee for this archive, and may distribute it in aggregate as part of a larger & possibly commercial software distribution (such as a Linux distribution or magazine coverdisk). You must provide proper attribution and ensure this readme and all associated copyright notices, and
disclaimers are left intact.

3) You may not charge a fee for the game itself. This includes reselling the game as an individual item.

4) You may modify the game as you wish. You may also distribute modified versions under the terms set forth in this license, but with the additional requirement that the work is marked with a prominent notice which states that it is a modified version.

5) All game content is (C) Revolution Software Ltd. The ScummVM engine is (C)
The ScummVM Team (www.scummvm.org)

6) THE GAMEDATA IN THIS ARCHIVE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING AND NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Jason Self <jxself>
Project Member

 

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Depends on the following items: None found

Items that depend on this one: None found

 

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  • -unavailable- added by samgee (Posted a comment)
  • -unavailable- added by mtjm (Posted a comment)
  • -unavailable- added by jxself (Submitted the item)
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