Re: FSDG issues of SCUMMVM-based games

[Vagrant Cascadian]

On 2022-08-24, Liliana Marie Prikler wrote:
> Am Mittwoch, dem 24.08.2022 um 14:53 +0200 schrieb Nicolas Goaziou:
>> Liliana Marie Prikler <liliana.prikler@gmail.com> writes:
>> 
>> > The packages
>> > - drascula,
>> > - lure,
>> > - queen, and
>> > - sky
>> > all share issues that make me question whether they should be in
>> > Guix.
>> > 
>> > 1. Their license explicitly prohibits selling of the games
>> > themselves and may thus be qualified as non-free.
>> > 2. The "sources" consist of binaries that are installed as-is.
>> > 
>> > Given the above, I think we ought not distribute them.  Note that
>> > this is not a statement on SCUMMVM itself, but only the packages
>> > built with it.
>> > 
>> > WDYT?
>> 
>> For the record, I added these games because I agree with Debian
>> packagers on the topic. See
>> <
>> https://metadata.ftp-master.debian.org/changelogs//main/d/drascula/drascula_1.0+ds4-1_copyright
>> >.
> This statement seems to contradict itself.
>> The data included in the source package represents the preferred form
>> for modifications.
>> If they were licensed under the G P L it would fail the "preferred
>> form of modification" requirement
> As far as I'm concerned, "preferred form of modification" should not be
> dependant upon the license in question.

Is it Functional Data:

  https://www.gnu.org/distros/free-system-distribution-guidelines.html

  "For example, some game engines released under the GNU GPL have
  accompanying game information—a fictional world map, game graphics,
  and so on—released under such a verbatim-distribution license. This
  kind of data can be part of a free system distribution, even though
  its license does not qualify as free, because it is non-functional."


> Speaking of the license in question, it's prohibition of selling is
> nowhere mentioned.

It is mentioned in the above link:

"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."

You cannot sell the game itself, but you can charge "a reasonable
copying fee" and distribute it commercially... while slightly confusing
and seemingly contradictory at a passing glance, those two clauses alone
do not appear to violate any of the four freedoms to me:

  https://www.gnu.org/philosophy/free-sw.html#four-freedoms


I'm not really sure you have the right to "sell" most software in GNU
Guix, but you're free to distribute it and even charge for the
distribution of it, and use it in products that you sell to customers.

Most licenses do not give you ownership of the software; they roughly
give you permission to use, study, modify, and share it under the terms
of that license. If you do not own it, I am not sure you can sell it...


live well,
  vagrant

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