GNU bug report logs - #62784
drascula, lure, lure-de, lure-es, lure-fr, lure-it, sky: non-commercial license

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Message #5 received at submit <at> debbugs.gnu.org (full text, mbox):

From: Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org>
To: bug-guix <at> gnu.org
Subject: drascula, lure, lure-de, lure-es, lure-fr, lure-it, sky:
 non-commercial license
Date: Wed, 12 Apr 2023 01:52:31 +0200

[Message part 1 (text/plain, inline)]

Hi,

The license of all these packages have that inside:
> 3) You may not charge a fee for the game itself. This includes
> reselling the game as an individual item.

And the FSDG has that:
> Non-functional Data
> -------------------
> Data that isn't functional, that doesn't do a practical job, is more
> of an adornment to the system's software than a part of it. Thus, we
> don't insist on the free license criteria for non-functional data. It
> can be included in a free system distribution as long as its license
> gives you permission to copy and redistribute, both for commercial
> and non-commercial purposes. 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.

So unfortunately here we need to remove these games.

Denis.

[Message part 2 (application/pgp-signature, inline)]

Message #8 received at 62784 <at> debbugs.gnu.org (full text, mbox):

From: Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org>
To: 62784 <at> debbugs.gnu.org
Subject: Re: drascula, lure, lure-de, lure-es, lure-fr, lure-it, sky: 
 non-commercial license
Date: Wed, 12 Apr 2023 02:55:10 +0200

[Message part 1 (text/plain, inline)]

Hi,

I also forgot the following games (same license clause):
queen, queen-de, queen-fr, queen-it.

Denis.

[Message part 2 (application/pgp-signature, inline)]

Message #11 received at 62784 <at> debbugs.gnu.org (full text, mbox):

From: Nicolas Goaziou <mail <at> nicolasgoaziou.fr>
To: Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org>
Cc: 62784 <at> debbugs.gnu.org
Subject: Re: bug#62784: drascula, lure, lure-de, lure-es, lure-fr, lure-it,
 sky: non-commercial license
Date: Wed, 12 Apr 2023 09:32:04 +0200

Hello,

Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org> writes:
>
> The license of all these packages have that inside:
>> 3) You may not charge a fee for the game itself. This includes
>> reselling the game as an individual item.
>
> And the FSDG has that:
>> Non-functional Data
>> -------------------
>> Data that isn't functional, that doesn't do a practical job, is more
>> of an adornment to the system's software than a part of it. Thus, we
>> don't insist on the free license criteria for non-functional data. It
>> can be included in a free system distribution as long as its license
>> gives you permission to copy and redistribute, both for commercial
>> and non-commercial purposes. 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.
>
> So unfortunately here we need to remove these games.

This report seems to appears from time to time in free GNU/Linux
distributions throughout the years.

In the license you mention, you omitted the second point : "you may
charge a reasonable copying fee for this archive, and may distribute it
in aggregate as part of a larger and possibly commercial software
distribution". In other words, I think the non-commercial restriction is
moot in our situation. Consequently, it seems okay to keep these games
in Guix. Debian, Trisquel, PureOS distributions seem to agree, FWIW.

I understand our opinions may differ here, but I do think software
freedom is not at stake when including drascula and friends in Guix.

Regards,
-- 
Nicolas Goaziou

Message #14 received at 62784 <at> debbugs.gnu.org (full text, mbox):

From: Liliana Marie Prikler <liliana.prikler <at> gmail.com>
To: Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org>, 62784 <at> debbugs.gnu.org
Cc: Tobias Geerinckx-Rice <me <at> tobias.gr>
Subject: Re: drascula, lure, lure-de, lure-es, lure-fr, lure-it, sky:
 non-commercial license
Date: Wed, 12 Apr 2023 11:35:19 +0200

Hi Denis,

Am Mittwoch, dem 12.04.2023 um 01:52 +0200 schrieb Denis 'GNUtoo'
Carikli:
> Hi,
> 
> The license of all these packages have that inside:
> > 3) You may not charge a fee for the game itself. This includes
> > reselling the game as an individual item.
> 
> And the FSDG has that:
> > Non-functional Data
> > -------------------
> > Data that isn't functional, that doesn't do a practical job, is
> > more of an adornment to the system's software than a part of it. Th
> > Thus, we don't insist on the free license criteria for non-
> > functional data.  It can be included in a free system distribution
> > as long as its license gives you permission to copy and
> > redistribute, both for commercial and non-commercial purposes. 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.
> 
> So unfortunately here we need to remove these games.
We have been aware of this for about half a year now (see the thread in
guix-devel following [1]), but as other FSDG-abiding distributions
still include these games (or at least did back then) we postponed
their removal.

Cheers

PS: Tobias, do you have a reply from the licensing team?

[1] <48ce733acba20030aba9eba1a45e18a805cfcf73.camel <at> gmail.com>

Message #19 received at 62784-done <at> debbugs.gnu.org (full text, mbox):

From: Liliana Marie Prikler <liliana.prikler <at> gmail.com>
To: Denis 'GNUtoo' Carikli <GNUtoo <at> cyberdimension.org>, 
 62784-done <at> debbugs.gnu.org
Cc: Tobias Geerinckx-Rice <me <at> tobias.gr>
Subject: Re: drascula, lure, lure-de, lure-es, lure-fr, lure-it, sky:
 non-commercial license
Date: Fri, 08 Sep 2023 21:28:54 +0200

Am Mittwoch, dem 12.04.2023 um 11:35 +0200 schrieb Liliana Marie
Prikler:
> Hi Denis,
> 
> [...] We have been aware of this for about half a year now (see the
> thread in guix-devel following [1]), but as other FSDG-abiding
> distributions still include these games (or at least did back then)
> we postponed their removal.

We now ship none of these games as well as a fully bootstrapped
scummvm-based game.  This ought to make everyone happy.

Cheers

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