Jim Hall <jh...@freedos.org> wrote:
> > I'd appreciate a discussion here about these programs and my
> > evaluations of their licenses. Especially the ones in red ("no") or
> > yellow ("maybe"). Do you agree with the decisions here? What are
> > your thoughts on the ones I marked in yellow?

Tom Ehlert <t...@drivesnapshot.de> wrote:
> all these programs/licenses have been 'free enough' for many years. I
> don't see the point to change this.

We've examined licenses for previous FreeDOS releases, and sometimes
have removed programs from the next FreeDOS because we didn't think it
was free or open enough for FreeDOS. For example, we removed almost
all of the programs that didn't have source code (TPPATCH remained in
FreeDOS 1.2). It's good to look at the licenses again to see what's
still okay to include in FreeDOS 1.3. I'm trying to be very open by
posting these on the wiki. If you have a wiki account, feel free to
drop a comment in the "Discussion" tab. If not, let's talk about them
here.

If you go through the list, not much is changing. Almost the entire
list is "green" meaning those packages stay. Here's a summary of the
"not green" rows:

7 could go either way for me, and I'm looking for advice
3 games to remove
7 programs should be removed because of bad licenses
2 more programs are marked as "red" but I can easily be convinced to
make them green
-----
19 total

And if you disagree with my evaluations on these, please share them
here. This is a discussion. I did the homework (using the FreeDOS 1.2
list as a starting point) to look at the licenses.


Programs where I need others' opinions:

1. Emulators/MEKA
wiki comment>> License is unclear. The website says "MEKA is a free
software distributed under a BSD-like license, allowing you to browse
and reuse sources and data with no restrictions." The sources.txt file
includes a license that is unclear, but has these five terms: 1. "This
source code comes free, without any warantee given." 2. You must
publish source code if you publish the binary. 3. "Reuse of source
code are authorized for any purpose." 4. Re-use of embedded data in
other projects is not allowed. 5. Derivative projects is allowed but
discouraged. The license appears incompatible with free software or
open source software, but not sure.
[I'm leaning to "no" on this one]

2. Networking/cURL
wiki comment>> Would be good to be more specific on the license. The
source code looks like it is a mix of several open source licenses,
all of them permit redistribution and including in other software.
[probably okay]

3. Networking/FDNet
wiki comment>> MTCP is GNU GPL. NE2000 is a mix of GNU GPL v1 and
public domain. PCNTPK claims "confidential proprietary information of
AMD" but also has GNU GPL v1 and public domain code - really not sure
about the license here. This is confusing. The dates suggest it was
originally GNU GPL or public domain, then AMD stamped their own
"confidential proprietary information of AMD" license on top of it.
**I am not a lawyer, but it seems clear AMD incorrectly stamped these
files with their license. The GNU GPL and public domain trumps the
later message. I think this package is ok to include, but not sure.
[probably okay]

4. Networking/WATTCP
wiki comment>> Would be good to be more specific on the license. The
license doesn't say "freeware" but does allow redistribution. Not
sure.
[probably okay]

5. Utilities/DOSLFN
wiki comment>> Did not find license. No copyright message and no
indication of copying terms or license. Without license, not sure if
the software can be included.
[probably okay]

6. Utilities/rawrite
wiki comment>> No license, but RAWRITE3.DOC includes this disclaimer
of warranty: "Users of this software must accept this disclaimer of
warranty: 'This software is supplied AS IS. Mark Becker disclaims all
warranties, expressed or implied, including, without limitation, the
warranties of merchantability and of fitness for any purpose. Mark
Becker assumes no liability for damages, direct or consequential,
which may result from the use of this software.'" Includes source
code. Common interpretation is the author did want to share this. Also
has been included in other, older Linux distributions previously. Can
probably be included in FreeDOS, but not sure. If not needed, let's
remove uncertainty and not include.
[probably okay]

7. Utilities/USBDOS
wiki comment>> License could be more clear. USBINTRO.DOC says the
software is "Copyrighted Freeware" and says he is not a lawyer and
didn't want to insert legal-like language that others could find
loopholes in. Says in plain language that "All of these programs, as
well as their documentation and source code, are freely available to
anyone who wants them." But includes terms that may not be compatible
with free software or open source software, including "You also cannot
distribute the programs, documentation, or source code and charge
(even indirectly) for their distribution." Note that distributors may
include FreeDOS as part of system and charge for it. Not clear on
author intent here. No license included with source code to indicate
how source code can be used. Not sure.
[probably okay]


So of those 7 programs, I *think* 6 can still be included anyway, and
1 (MEKA game emulator) should not. Thoughts? Agree? Disagree?

I've also emailed Eric about Memteste, and he says we can use a new
license. I've replied to him on specifics. So that line on the wiki
will change to green.



There are 3 games that have a license I didn't recognize. They might
be okay, but I didn't look into them, and just suggested we find other
games. I view games as very replaceable, they are not "core" in the
same way other programs are. So taking games out and adding other
games is no big deal.

1. Kiloblaster
2. Linley's Dungeon Crawl
3. INVADERS

If you feel these are okay, and feel strongly they should remain in
FreeDOS 1.3, I'll take another look at them.


And there are these programs that I think should not be included in
FreeDOS 1.3, and I marked those in red. I know we've included some of
these in previous releases, but I don't think the licenses are really
that free or open.

1. Archivers/LHa for unix
wiki comment>> License is unclear, but appears incompatible with free
software or open source. For example, license.txt includes additional
terms on commercial use. "7b. If the recipient of commercial use deems
inappropriate as a program user, you must not distribute."

2. Archivers/UnRAR
wiki comment>> Unrar's license says you can view the source code and
share it, so that's good. But it also says you cannot study the source
code to reproduce the RAR compression algorithm. That's bad,
definitely not open source.

3. Development/TPPATCH
wiki comment>> no source code, no license text

4. Utilities/4DOS
wiki comment>> 4DOS uses modified license that does not qualify as
open source by Open Source Initiative or Free Software Foundation
standards. The license does not permit use on non-DOS systems.
[I've also talked about this one elsewhere, including the FreeDOS
Blog, that we should replace 4DOS with something else. I was the one
who worked with JP on the license when he open-sourced 4DOS, and I
gave him bad advice. I didn't have enough experience then, and I
thought his suggested change to the license was still okay. It's not.
So I feel really bad about this, but it's "non-free."]

5. Utilities/SLOWDOWN
wiki comment>> SLOWDOWN.DOC says "SLOWDOWN is a free program" but
later includes terms that are incompatible with free software or open
source software, including "You do need my permission to distribute
SLOWDOWN as a "companion" to some other program." This can be commonly
interpreted to mean you need permission to distribute SLOWDOWN as part
of a larger distribution, such as FreeDOS.

6. Utilities/tail
wiki comment>> TAIL.DOC says "Free & Open DOS Utility" but later has
conditions that appear to be incompatible with free software or open
source software, including "3. You must obtain the permission of the
author(s) before distributing this software or derived works
(including combining it with commercial systems) commercially or
depart in any way from the above conditions."

7. Utilities/uptime
wiki comment>> UPTIME.DOC says "Free & Open DOS Utility" but later has
conditions that appear to be incompatible with free software or open
source software, including "3. You must obtain the permission of the
author(s) before distributing this software or derived works
(including combining it with commercial systems) commercially or
depart in any way from the above conditions." Since we have a
duplicate with Chamorro's uptimec, which uses a different license,
let's omit this one.


These programs are also marked in red, but I could be convinced to
change my mind:

1. Utilities/SHSUFDRV
License is unclear. Documentation says "Copyright 2005 Jason Hood.
Freeware." But no explicit license in documentation. No mention of
redistribution or other license in source code. Without license,
"Freeware" is not enough to indicate that the software can be
included.

2. Utilities/Start
Did not find license. Source code says "Copyright (c) Joe Cosentino
2000. All Rights Reserved." Without license, this is not enough to
indicate that the software can be included.


> any other changes from 1.2 to 1.3 other then 'correct license
> verified' ? live CD?  anything else?

Yes, the FreeDOS 1.3 distribution should have a LiveCD. I've been
discussing this with Jerome off-list, but made of note of it in the
Releases/1.3 wiki page.

Tom suggested a while back that running FreeDOS these days shouldn't
be that complicated if you have a bootable CDROM. I agree, especially
if the LiveCD component is a complete FreeDOS environment. So you
should be able to boot the FreeDOS 1.3 install CDROM, exit out of the
install program, and get a DOS prompt with a complete FreeDOS "Base"
environment. I refer to this on Releases/1.3 as "plain DOS." I think
"plain DOS" should be "Base" plus only a *few* other programs:
probably this is zip, unzip, and FDIMPLES. That gives you all the
tools you need to install manually if you want to.

I view most of FreeDOS 1.3 to be an update to FreeDOS 1.2. No packages
from "Base" will be removed (at one time, I had suggested we move
certain of the "compatibility" programs like SUBST into a "Compat"
package group - but others convinced me that made no sense, so I'm not
suggesting that anymore.)


Jim


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