The 'Make and Play' version is essentially an alternate asset pack with 
community-produced levels.

However, the initial exception (which I submitted a PR to remove after the 
previous email) stated the following:

Permission has been granted for Debian to supply prebuilt binaries (packages) 
in their [repositories](https://www.debian.org/distrib/packages) for both the 
original game and the Make And Play Edition. In addition to the License and 
Exception in this repository, display the following text in a relevant area of 
the packaging system (ie. Debian -- in the package description) to make it 
clear that this is an exception: "VVVVVV is a commercial game! The author has 
given special permission to make this port available for free. If you enjoy the 
game, please consider purchasing a copy at 
[thelettervsixtim.es](http://thelettervsixtim.es)."

Note that this exception cites both the 'original game' and 'Make and Play'. 
I'd have probably focused on packaging the original game assets.

The original commit is here: 
https://github.com/TerryCavanagh/VVVVVV/commit/512a9b7150afd451c2e06e16e55d28b961c2fc32

-- Ben

On Thursday, November 13th, 2025 at 11:43 PM, Walter Landry 
<[email protected]> wrote:

> Mihai Moldovan [email protected] writes:
> 
> > * On 11/11/25 23:21, computermouth wrote:
> > 
> > > I contacted the author to see if they would be open to changing the
> > > license to something like CC-BY-SA. They said the best they could do
> > > at this time is to add Debian to the list of exceptions granted by
> > > the file linked below.
> > 
> > The short answer is that this won't be good enough.
> > 
> > Even data in non-free must be freely redistributable, including
> > non-discrimination of endeavor.
> 
> 
> I do not think that is true. There are things in non-free that
> discriminate on endeavor. For example, here is something that can not
> be use commercially.
> 
> https://metadata.ftp-master.debian.org/changelogs//non-free/m/mame-extra/mame-extra_0.250-1_copyright
> 
> The only real condition for non-free is that Debian can distribute it on
> their mirrors. So a license that prevents mirrors from hosting
> competitors would be a problem.
> 
> The problem here is the exact wording of the exception.
> 
> There is an important general exception: if you're compiling a Make
> and Play version of the game, then you can you freely distribute the
> game's assets.
> 
> The term 'Make and Play' is a bit fuzzy to me. Does that mean you can
> only distribute it with those exact assets? If we got some clarity
> on exactly what that means, then it might work for Debian.
> 
> For posterity, I am including the licenses below.
> 
> Cheers,
> Walter Landry
> 
> ==================
> 
> VVVVVV's source code is made available under a custom
> license. Basically, you can compile yourself a copy, for free, for
> personal use. But if you want to distribute a compiled version of the
> game, you might need permission first. See the License exceptions page
> for more information.
> 
> VVVVVV Source Code License v1.0
> 
> Last updated on January 7th, 2020.
> 
> This repo contains the source code for VVVVVV, including all level
> content and text from the game. It does not, however, contain any of the
> icons, art, graphics or music for the game, which are still under a
> proprietary license. For personal use, you can find these assets for
> free in the Make and Play Edition.
> 
> If you are interested in distributing work that falls outside the terms
> in the licence below, or if you are interested in distributing work that
> includes using any part of VVVVVV not included in this repo then please
> get in touch - we can discuss granting a licence for that on a case by
> case basis. The purpose of making the contents of this repo available is
> for others to learn from, to inspire new work, and to allow the creation
> of new tools and modifications for VVVVVV.
> 
> This software available from here is provided 'as-is', without any
> express or implied warranty. In no event will the authors be held liable
> for any claim, damages or other liability arising from the use or in
> connection with this software. All materials in the repo, with the
> exception of the contents of the "third_party" directory, are copyright
> of Terry Cavanagh © 2010-2020.
> 
> Permission is granted to anyone to use this software and to alter it and
> redistribute it freely, subject to the following restrictions:
> 
> You may not alter or redistribute this software in any manner that
> is primarily intended for or directed toward commercial advantage or
> private monetary compensation. This includes, but is not limited to,
> selling altered or unaltered versions of this software, or including
> advertisements of any kind in altered or unaltered versions of this
> software.
> 
> The origin of this software must not be misrepresented; you must not
> claim that you wrote the original software. If you use this software
> in a product, you are required to include an acknowledgement in the
> product that this software is the copyright of Terry Cavanagh and is
> based on the VVVVVV source code.
> 
> Altered source/binary versions must be plainly marked as such, and
> must not be misrepresented as being the original software.
> 
> You must not distribute any materials from the game which are not
> included in this repo unless approved by us in writing.
> 
> This notice may not be removed or altered from any source/binary
> distribution.
> 
> ----------------
> 
> VVVVVV's source code is made available under a custom license, which
> states that you must not distribute any materials from the game
> (i.e. the game's assets) which are not included in this repo unless
> approved by us in writing. In general, if you're interested in creating
> something that falls outside the license terms, get in touch with Terry!
> 
> There is an important general exception: if you're compiling a Make and
> Play version of the game, then you can you freely distribute the game's
> assets.
> 
> The following is a list of projects which have been given permission by
> Terry to distribute the assets with distributions of the game, and under
> what conditions.
> 
> Exceptions granted to the VVVVVV source code license

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