Bug#854679: debian-policy: Artistic License 1.0 is not DFSG compliant

[Javier Serrano Polo]

Package: debian-policy
Severity: wishlist
Version: 3.9.8.0
X-Debbugs-CC: aba at debian.org, ballombe at debian.org, jrnieder at gmail.com, rra at debian.org

Please read #854679; it is about the ScummVM-game-License. As I analyze,
that license breaks DFSG #6 (no discrimination against fields of
endeavor). Author's intent is clear since he states that using the game
"in things like commercial adventure game collections without asking is
just playing dirty". The preamble is not legally binding, but sections 3
and 4 of the license are.

This forbids this possible use case: a businessman hires some
developers, translators and voice actors to translate the game to his
language, and wants to sell the result.

The pattern "cannot sell the software itself" restricts commercial
purposes, thus it is not DFSG compliant. ScummVM-game-License, Bitstream
Vera font license, and Artistic License 1.0 are affected.

The question is whether the alleged poor wording of a clause is
internationally a solid defense in a copyright infringement suit.
Debian-based distros themselves are not threatened because they are
larger in scope, but commercial Debian users of this software are
menaced.

(This report will not reach the debian-policy list.)
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 3386 bytes
Desc: not available
URL: <http://lists.alioth.debian.org/pipermail/pkg-games-devel/attachments/20170209/9e8bd2e0/attachment.bin>