On Wed, 2008-03-12 at 22:53 +0100, Francesco Poli wrote: > On Wed, 12 Mar 2008 12:33:56 +1100 Robin Heron wrote: > > [...] > > The actual codec however uses the following: > > > > Monkey's Audio Source Code License Agreement > > > > License Agreement > > > > 1. The Monkey's Audio SDK and source code can be freely used to add APE > > format playback, encoding, or tagging support to any product, free or > > commercial. > > Can it be used for any other purpose? > If not, this work seems to fail DFSG#6. > > > Use of the code for proprietary efforts that don't support > > the official APE format require written consent of the author. > > The term "proprietary" is never defined in the context of this license. > I have my own opinions on what is or is not proprietary, but they'll > probably won't match the point of view of the copyright holder of this > work and/or of the license drafter... > This clause is consequently unclear. > > > > > 2. Monkey's Audio source can be included in GPL and open-source > > software, although Monkey's Audio itself will not be subjected to > > external licensing requirements or other viral source restrictions. > > Very unclear: if you include this work in (GNU) GPL (v2) software, the > entire combined work must be distributed under the terms of the GNU GPL > v2 license, if distributed at all (see clause 2b of GPLv2). On the > other hand, this Monkey's Audio Source Code License Agreement gives > permission to include the work in GPL software, while stating that > "Monkey's Audio itself will not be subjected to external licensing > requirements", whatever that may mean... > > This could range from a (good to have) GPL compatibility clause to a > self-contradictory (and thus unusable) clause. I'm puzzled. > > > > > 3. Code changes and improvements must be contributed back to the > > Monkey's Audio project free from restrictions or royalties for the sake > > of the common good, unless exempted by express written consent of the > > author. > > This clause forces modifiers to send patches back to upstream. > This is non-free (see the recent sub-thread on the desert island test > for further explanations on why it's non-free).
the license is obviously crap. > > [...] > > The actual codec itself is released in testing/main with a copyright > > notice as: > > Wait, wait: are you saying that there's a package in Debian main with > the following (non-)license?!? > > Which is the name of this package? > monkeys-audio from http://www.debian-multimedia.org released under testing/main So it is not distributed through the debian mirrors. I think main is the only category they have there. I didn't actually realise this until your email prompted further inspection. > > > > This package was debianized by mike gan <[EMAIL PROTECTED]> on > > Mon, 29 Sep 2003 00:02:46 -0700. > > > > It was downloaded from: http://supermmg.com > > > > Upstream Author: Matthew Ashland > > 3.96b8 *NIX port by Frank Klemm > > 3.99.u4 *NIX port by supermmx > > > > Copyright: > > > > This SDK provides the tools to incorporate Monkey's Audio into your own > > projects. > > Cruising through the examples is probably the easiest way to learn how > > to use everything. > > If you use C++, it's recommended that you simply statically link to > > maclib.lib. > > If you use another language or want dynamic linkage, you can use the > > C-style interface of the dll. > > (see Decompress\Sample 3 for an example) > > > > > > If you make any improvements or make any projects of your own that you'd > > like to add, just let let me know. > > Also, any help or ideas on how to make the SDK better or more clear > > would be great. > > If you link against the included libraries (dynamically or statically), > > please let me know. > > As always you can reach me at email @ monkeysaudio.com > > > > Also, much of the Monkey's Audio source code is now included with the > > SDK. > > Explore the "Source" directory for more information. > > > > Thanks and good luck :) > > > > - All materials and programs copyrighted ©2000-2002 by Matthew T. > > Ashland - > > > > - All rights reserved. - > > > > > > ___________ > > If this is the complete license text, well, I wonder where are the > permissions hidden? > Where's the permission to redistribute (DFSG#1)? > Where's the permission to modify (DFSG#3)? > > This package seems to be legally *undistributable*! I think this is actually released under the license now under the monkeys audio SDK > > > > I am thinking this is an older license as http://supermmg.com does not > > seem to be active. > > I don't know, but, as I said, if the Debian Project is relying on this > old (non-)license to distribute a package, I think there are serious > legal problems with this. > > > > > So which section should the k3b plugin belong to and are there any > > problems legally including this package in the distribution > > I see the majority of the issues in the codec, hence let's try and > solve those first. > > Important disclaimers: IANAL, TINLA, IANADD, TINASOTODP. > I do not actually use ape files that the software encodes. I volunteered a RFH from the packager of k3b. He has had requests to include the plugin from Debian k3b users and has offered to sponsor it if I can package it. So it is a good easy learning package for me, except for the obscure license. I am just wondering if that first dodgy license would make it in non-free. -- Robin Heron <[EMAIL PROTECTED]> -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
