Bug#854679: Bug#854721: debian-policy: Artistic License 1.0 is not DFSG compliant

[Russ Allbery]

Javier Serrano Polo  writes:

> 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.

Regardless of the merits of this concern, this is not an actionable bug
against Debian Policy.  I'm therefore closing it.

Please note that this is not a judgement on whether or not your concerns
about the Artistic License are correct; rather, this is simply outside the
bailiwick of the Debian Policy process.  We aren't the body in Debian that
judges the DFSG compatibility of licenses (that's ftp-master), nor do we
own or can modify the DFSG itself.

You either need to convince ftp-master or you (or someone) need to propose
a GR to change Debian's evaluation of the Artistic License.  In fact, this
may require a GR given the DFSG specifically calls out the Artistic
License as an example of a free license, so depending on one's
interpretation this may require a foundational document change, which is a
supermajority GR.  But that too is outside the scope of the Policy
process; that's a call for the Project Secretary to make.

-- 
Russ Allbery (r...@debian.org)   

Bug#854721: debian-policy: Artistic License 1.0 is not DFSG compliant

[Javier Serrano Polo]

X-Debbugs-CC: a...@debian.org, ballo...@debian.org, jrnie...@gmail.com, 
r...@debian.org

I forgot to CC.
https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=854721#15


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Bug#854721: debian-policy: Artistic License 1.0 is not DFSG compliant

[Javier Serrano Polo]

The relevant points in #381729 are:

  * DFSG #10: "Artistic" is listed as an example the project
considers "free". This does not seem a reason because if the
license breaks another DFSG rule, then it is not an example, it
is an override.

  * DFSG #8: License must not be specific to Debian. "Artistic" is
not specific to Debian, it is specific to larger software
distributions. In fact, DFSG #8 is implied by DFSG #6 (the field
of endeavor is a non-Debian environment).

#458385 mentions "the AL1 is only DFSG-free by overruling decision".
Could anyone refer to the decision or related discussion? I cannot find
any general resolution or bug in tech-ctte about this.

So it is a DFSG #6 infringement against a DFSG #10 word qualified as
"example", not "override".


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Bug#854721: 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: a...@debian.org, ballo...@debian.org, jrnie...@gmail.com, 
r...@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.)


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