Bug#590734: simutrans: Non-free license terms

Ansgar Burchardt ansgar at 43-1.org
Fri Jul 30 03:07:56 UTC 2010


Hi,

Jordi Gutiérrez Hermoso <jordigh at gmail.com> writes:

> 2010/7/29 Ansgar Burchardt <ansgar at 43-1.org>:
>> Upstream's reply [1] has made it clear that this is indeed the intended
>> interpretation.  Downgrading the severity accordingly.
>>
>> Regards,
>> Ansgar
>>
>> [1] <http://forum.simutrans.com/index.php?topic=5653.msg54871#msg54871>
>
> You seem to be a bit too eager and hostile towards this bug report.
> This is an actual problem, and it doesn't matter how you or I
> interpret it, only how a potential judge could interpret should the
> original author who wrote those lines decides to object to Debian's
> use of simutrans. As it stands, it clearly says we can't modify it
> without written permission. Furthemore, upstream hasn't accepted your
> patch yet, nor have they decidedly confirmed your interpretation of
> the lines. Please wait until we can verify that Hansjoerg Malthaner or
> Markus Pristovsek confirms this interpretation of the license text.
>
> I'm reverting the severity of this bug until upstream unequivocally
> confirms that this is just an oversight and the terms of the Artistic
> License apply without further restriction.

To quote the statement from upstream:

<quote>
  The problem is, that some parts of simutrans are not free, like pak128
  set. Furthermore the Artistic Licence forbids charging for the package
  itself or redistribution. Furthermore part 5&3 of the artistic licence
  states:
  [...]

  I think those just specify in more detail the statement:

    Simutrans may not be sold or modified in any way without written
    permission by the author.
    ...
    The source code from the program is available under the Artistic
    Licence.  Download the source from
    https://sourceforge.net/projects/simutrans or find out about our svn
    in the forum.

  Also a copyright cannot be given away by german law. Only free usage
  can be granted. Insofar is Hajo still holder of the copyright ... but
  if it is more satisfying I can change the wording of this file.
</quote>

For me that makes it clear that this is *not* an additional restriction
and only (tries to) make it clear that a) there are no permissions
granted further than those granted from the Artistic License, b) there
may be non-free game data sets (which Debian does not ship).
I don't see how one can understand this otherwise, especially when
upstream is willing to change the wording...  How do you understand the
statement above?

Note that "prissi" is Markus Pristovsek.  Hansjoerg Malthaner has also
stated several times elsewhere that his contributions are intended to be
released under the terms of the Artistic license and that the part you
see as problematic is a leftover from the time when the source was not
open.  See the link I provided earlier and note that the copyright.txt
file did not mention the Artistic License at all at that time.

Regards,
Ansgar





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