[games sig] Downloader for shareware data files for gpl engines such as vavoom

[Hans de Goede]

Bill Nottingham wrote:
> Hans de Goede (j.w.r.degoede at hhs.nl) said: 
>> I see no problem here, there is however a restriction on commercial Use, 
>> but there are no restrictions on redistribution. which is all that is 
>> required for binary blobs (firmware, or am I missing something?).
> 
> Non-commercial-use-only is *not* ok for Extras.
>

Note we're talking about content (gamedata) not code here, the packaging 
guideline specifically state:
"Shareware applications are not Open Source code, and are not acceptable 
for Fedora.

However, it is worth noting that some non-executable content exists that 
is required to make Open Source applications functional. An example of 
this would be open sourced game engines, such as Doom, Heretic, and 
Descent. These game engines come with freely distributable shareware 
gamedata files.

In this case, the gamedata files can be packaged and included in Fedora 
Extras, as long as the files meet the requirements for binary firmware."

Thus appearantly shareware data-files are ok content, due to the nature 
of shareware (this is a limited version pay us for the full version) the 
datafiles are almost by definition not for commercial use. (The rights 
for commercial use is clearly reservered by the copyright, through the 
full version and possible other versions).

Thus the gamedata files may be packaged if they meet the firmware 
guidelines which are:
"Requirements:

- The files are non-executable (note: this means that the files cannot 
run on their own, not that they are just chmod -x)

- The files are not libraries.

- The files are standalone, not embedded in executable or library code.

- Explicit permission is given by the owner to freely distribute without 
restrictions (this permission must be included, in "writing", with the 
files in the packaging)

-  The files must be necessary for the functionality of open source code 
being included in Fedora."

Now sharware data files clearly meet all of the above listed 
Requirements for firmware without question except for:
"Explicit permission is given by the owner to freely distribute without 
restrictions (this permission must be included, in "writing", with the 
files in the packaging)"

Thus that is imho what should be discussed, does the quake shareware 
license I presented allow free distributing without restriction?

Now quoting the relevant part from the license again:
"Permitted Distribution. So long as this Agreement accompanies the 
Software at all times, ID grants to Providers the limited right to 
distribute, free of charge, except normal access fees, and by electronic 
means only, the Software; provided, however, the Software must be so 
electronically distributed only in a compressed format."

So does this allow free distributing? AFAIK Yes it does (IANAL)
Is this without restrictions? Well clearly no, the following 
restrictions are made:
-distribution must be free of charge, except normal access fees
-by electronic means only
-distributed only in a compressed format

So we do not meet that part of the packaging guidelines for firmware. 
But I would like to argue that this restrictions are not relevant for FE 
use, thus effective it is without restrictions.

Regards,

Hans