Hi all,

Daniel:

As the person who wrote said license, I spent a long time ensuring it
met the OSG and DFSG, in consultation with various people on
Debian-legal at the time (2003). If you have issue with a specific part
of the license, please let me know which section. As Francesco said, the
license is sub-optimal, and actually pretty ugly. However, it was the
best available at the time. 

I suspect your concern is with the license Preamble. It does _imply_
restrictions on distribution which could be considered a breach of the
DFSG. These restrictions, however, are not enforced by the license
itself - they are more intended as a discouragement or request. The
preamble was a compromise, and deliberately written with knowledge that
the actual license cannot not enforce these 'requests'. Hence the
'get-out-of-jail' clause in the Preamble itself: 
  "This preamble is not legally binding, but is to clarify the intent of
the following license."
 
Francesco:

> Moreover, an interesting discussion about another beneath-a-steel-sky
> DFSG-freeness issue is currently ongoing on debian-legal:
> http://lists.debian.org/debian-legal/2008/05/msg00001.html

Mmm. The trademark problem has been around for ages - I guess the 
Firefox/Iceweasel 
thing has brought it to the front again. This issue has been debated a billion 
times in Debian - Although the logo image is 'technically' free under the terms 
of the license, it is not 'functionally' free under various countries trademark 
laws. 

I can say Revolution wouldn't hold anyone actionable, but cannot extend that to 
cover
any companies in the Virgin group. There are many many instances in main where 
a 
'TM' somewhere in a image or logo will override any included license terms on a 
product,
although I guess generally the onus is on the user to be aware of his/her local 
trademark 
restrictions. Trademarks trump Copyright :(

Someone let me know how this turns out - if it comes down to removal, I would 
prefer 
to ask Revolution for a 'free' logo to redistribute. The ScummVM team has a 
great
relationship with these game studios, and want to maintain that where possible 
:)

> On the other hand, my doubts about the DFSG-freeness of
> beneath-a-steel-sky are not due to its license, but instead to the
> actual availability of its source code.  I raised these doubts in
> http://bugs.debian.org/322620#67

BASS, Lure and Flight of the Amazon Queen are an interesting application
of the source code (aka 'Preferred source of modification') issue. There
are several points with regards to BASS:
  * Most of the 'source data' and original tools are long lost, thus the
included datafiles have become the preferable source of modification. It
is the sole material the ScummVM team has, and we ourselves use it as a
base. 

  * Although its an extreme case of the 'Desert Island' scenario, I
don't think a lack of tools allowing modification means it should fail
our of principle - some tools do exist, but have not been released or
are single-purpose only (eg, compressors in scummvm-tools).

  * Trivia: THe _original_ game was written in AMOS for the Amiga, and
thus the original source files were AMOS resource banks with IFF images
and AMAL animation. The PC datafiles are a ugly ugly conversion of the
original files. The irony is if the source material was released, they
might be editable, but nothing could recompile them into a _playable_
form :)
 
 - Ender
   ScummVM, Co-Lead
   [http://www.scummvm.org/]





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