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<div class="moz-cite-prefix">Hi Javier,<br>
<br>
Original license author chiming in here again, since this seems to
be a biennial thing :/<br>
<br>
This is hopefully the last time I'll write on this matter, by this
point pretty much every detail I can remember now documented<br>
across half-a-dozen reports in BTS. Mostly across this one and
<a class="moz-txt-link-freetext" href="https://bugs.debian.org/478898">https://bugs.debian.org/478898</a> tho. Also, as both Markus and Russ
<br>
noted - this has been debated over and over again in the BTS for
this package.. but this is simply not the right forum for it.<br>
<br>
I'm not really sure what outcome you are looking for here...<br>
<br>
Anyway - first I'll answer to your question.. then provide some
more background on the conception of the license & Revolutions
input!<br>
<br>
<b>Yes. </b>It was pretty obvious to all parties that the license
was "weak, and there are certainly ways to break the spirit
legally. By design.<br>
Without allowing that freedom, we couldn't honor the spirit of the
DFSG.<br>
<br>
Our guidelines from Tony Warriner @ Revolution were pretty darn
simple (in relation to the Game Data at least). <br>
I can paraphrase the basic points in a few short sentences:<br>
<ul>
<li> "We lost the original code, but we'll entrust you with
this ports code"</li>
<li> "Freeware? Hrm... I'll talk (to Charles / Dave?) but I
think we can do that"</li>
<li> "Wow you got the basic engine working already?"</li>
<li> "We've decided to trust you and permit re-distribute it
as freeware"</li>
<li> ".. oh, but we don't want people to sell the game
individually for $$$" (* see footnote 1)</li>
</ul>
<br>
We had a lot of freedom here - Charles, Tony and Revolution as a
studio were amazing. So when I pitched them on the first draft of
the<br>
license the reply was not "We'll just run this by our legal team
and lead council", but rather (very very paraphrased) "Looks good,
ship it!"<br>
<br>
To be perfectly honest - Debian-legal provided more input on the
wording than Revolution. <br>
<br>
This 'conflict' exists because of a the single restriction
requested by Tony Warriner @ Revolution - that the game not be
made<br>
available for individual resale. This is the same sort of
exception already implemented in other DFSG-approved licenses, and<br>
we used similar logic to try and reconcile the authors wishes
against the needs of the DFSG and legalities of redistribution<br>
through various channels (<i>* see footnote 2</i>)<br>
<br>
So we employed a complicated bit of Game Theory known as
'compromise'.<br>
<br>
Let's recap the original goals:<br>
<br>
* Honor Revolutions request to limit individual resale<br>
* Satisfy the "fields of endeavor" clause of the DFSG to
encourage Linux Distros able to ship<br>
* Permit redistribution as part of a Linux distribution<br>
* Permit redistribution on magazine cover discs (<i>* see
footnote 3</i>)<br>
* "Plain Language" (<i>* see footnote 4</i>)<br>
<br>
It was an exciting time, and this whole process laid the seed for
ScummVM negotiating with right-holders - the silly levels of <br>
cooperation from Revolution made us actively engage in outreach to
original developers and right-holders. (<i>* see footnote 5</i>)<br>
<br>
These early relationships were hard-earned and thanks to an
amazing team and community. While ScummVM now has quite<br>
an established and trusted reputation for treating both the games
and their creators with respect, it was a long bumpy road.<br>
<br>
With bad suspension and broken seatbelts. And I was driving
without a license (no pun intended).<br>
<br>
<br>
TL/DR: Revolution Software are Revolutionary Good People; <i>Compromise
involves shades of grey</i>; In hindsight, your wording<br>
choices 15 years ago were terrible and will haunt you
forever. <i>The phrase 'in hindsight' is also terrible and
overused</i>,<br>
Throwing rocks at traffic from a bridge is stupid,
dangerous and irresponsible. So is writing a custom software
license.<br>
<strong style="color: rgb(0, 0, 0); font-family: "Times New
Roman"; font-size: medium; font-style: normal;
font-variant-ligatures: normal; font-variant-caps: normal;
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widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px;
text-decoration-style: initial; text-decoration-color: initial;"><br>
<br>
</strong>Kind regards<br>
Ender<br>
Former Co-Lead<br>
ScummVM Project <br>
<br>
----<br>
* <u>Footnote 1:</u><br>
<blockquote>Many reasons, some commercial obligations but honestly
mostly just to avoid legally permitting 'scammy' behaviour such
as<br>
sellers charging RRP for a free download (such as producing fake
originals, or hacking some title/copyright bitmaps and selling
the game<br>
as their own work.
<br>
<br>
</blockquote>
* <u>Footnote 2:</u><br>
<blockquote>It was a learning experience, and of course in
hindsight I should have just pitched something like the Artistic
license instead<br>
of making the silly choice of writing YANL<br>
<br>
</blockquote>
* <u>Footnote 3:</u><br>
<blockquote>Remember those?<br>
</blockquote>
<br>
* <u>Footnote 4:</u><br>
<blockquote>
Humanitarian theory - large international and ESL audience (as
per most adventure games), so keep the license simple<br>
Observable outcome - the 'net has more lawyers than a law
school / it seems a license clause really does need 3-4
subparagraphs...<br>
</blockquote>
<br>
* Footnote 5:<br>
<blockquote> Working with Revolution on implementing and
re-releasing BASS was a major catalyst for ScummVM. I've always
seen it as<br>
a win-win-win-win. A positive for ScummVM (as a project),
developers/rightholders (as creators), the user/community (as<br>
consumers), and lastly distributions (here, plz package some
commercial-quality games). <br>
The project has had some wonderful successes in furthering
game preservation this way - and Revolution helped us pave the
way<br>
to negotiating with many parties - sometimes obtaining
original source to assist us in re-implementing game engines,<br>
negotiating several game data releases as freeware, and
assisting original right-holders with re-releasing long-orphaned<br>
titles across multiple platforms (eg. Linux) via avenues like
GoG. </blockquote>
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