Re: [GNU-linux-libre] Adding some scummvm game(s) to the "List of software that does not respect the Free System Distribution Guidelines".

[Giovanni Biscuolo]

Hello,

it's very hard to follow this very long thread so please forgive me if I
miss something already discussed

Ruben Rodriguez <ruben@gnu.org> writes:

> On 4/25/23 21:58, bill-auger wrote:
>> yes, that the game engine is libre; but the games mentioned in the OP all 
>> have
>> the "no-selling" license

[...]

> On the topic of the games with the "may distribute it in aggregate [...] 
> commercial software distribution", those are under a badly written but 
> sufficiently free license. This position is backed by this similar case:
>
> https://www.gnu.org/licenses/license-list.html#SILOFL
>
> SIL Open Font License 1.1
> "[...] when selling the font, you must redistribute it bundled with some 
> software, rather than alone. Since a simple Hello World program will 
> satisfy the requirement, it is harmless". The requirement is the same.

I just want to add that the relevant text from SIL OFL 1.1 is this:

--8<---------------cut here---------------start------------->8---

The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works.

--8<---------------cut here---------------end--------------->8---

while the relevant text from the game Beneath a Steel Sky v.1.2 license
(one of the games in scummVM extras source folder) is this:

--8<---------------cut here---------------start------------->8---

 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.

--8<---------------cut here---------------end--------------->8---

No doubt both are (very) poorly worded from a legal point of view but
AFAIU the "Beneath a Steel Sky v.1.2" license have the same **legal**
effect of the SIL OFL 1.1 that is a free software license: you may not
charge a fee (sell) the work by themselves but only included in a
derivate work.

Who is going to decice if a similar note as
https://www.gnu.org/licenses/license-list.html.en#SILOFL should be added
for the "Beneath a Steel Sky v.1.2 license" or better for all (non
copyleft) licenses that substantially states "you may not sell the work
by themselves but only included in a derivate work."?

Thanks for the attention.

Best regards, Giovanni.


[1] 
https://sourceforge.net/projects/scummvm/files/extras/Beneath%20a%20Steel%20Sky/bass-cd-1.2.zip/download

-- 
Giovanni Biscuolo

Xelera IT Infrastructures

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