blobwars license restrictions

Bug #268397 reported by Dara Adib
18
This bug affects 2 people
Affects Status Importance Assigned to Milestone
blobwars (Debian)
Fix Released
Unknown
blobwars (Ubuntu)
Fix Released
Undecided
Unassigned

Bug Description

Binary package hint: blobwars

The licensing FAQ[1] of upstream Blob Wars states the following:

"All source code found on this site is available under the GNU General Public License (often referred to as the GPL). You can obtain a copy of the license by clicking here [link to GPLv2]."

"Please make sure you are aware of the terms of this license before installing or running our software. Please also note that game assets are Non Free and should not be included as part of a Linux distribution or made available in any repositories."

According to Wikipedia[2], "artwork (including textures and 3D models), sound effects and music, text, dialogue" are game assets.

See attached correspondence with upstream[3] and a forum thread[4]. An explanation of the most relevant parts of the forum thread is available as a comment on this bug[5].

[1] http://www.parallelrealities.co.uk/faqs.php#License%20FAQ
[2] http://en.wikipedia.org/wiki/Game_development#Duration
[3] http://launchpadlibrarian.net/17566231/upstream-contact-updated.txt
[4] http://www.happypenguin.org/forums/viewtopic.php?t=4725
[5] https://bugs.launchpad.net/ubuntu/+source/blobwars/+bug/268397/comments/10

Dara Adib (daradib)
description: updated
Changed in blobwars:
status: Unknown → Fix Released
Revision history for this message
Eric Padman (mentalnotes) wrote :

Confirmed. Is it possible to sync with Debian to close this bug before Intrepid is released?

Changed in blobwars:
status: New → Confirmed
Revision history for this message
KarlGoetz (kgoetz) wrote :

A freeze exeption can be requested, but i dont remember the process for it.
kk

Revision history for this message
David Futcher (bobbo) wrote :

Feature Freeze Exception & Sync request filed over at Bug #268678.

Changed in blobwars:
assignee: nobody → bobbo
status: Confirmed → In Progress
Revision history for this message
Dara Adib (daradib) wrote :
Revision history for this message
Dara Adib (daradib) wrote :

Once the freeze exception request is complete, this bug should be edited to only involve the request by upstream that the "game should not be added to Linux distributions or repositories".

Revision history for this message
David Futcher (bobbo) wrote : Re: [Bug 268397] Re: blobwars license restrictions

Dara:

There is no need to completely remove the game from the repositories.
I am pretty sure that statement from upstream is about the non-free
data, all of which will be stripped when my FFE and Sync is ACKed. I
will talk to upstream (or ask the debian maintainer to) about this,
but I cant see any reason to remove it completely.

Revision history for this message
David Futcher (bobbo) wrote :

Update on what is happening with this. Feature Freeze Exception is ACKed and the sync request is also ACKed. Now we just have to wait until an archive admin syncs the package (should be done within a week).

Revision history for this message
Dara Adib (daradib) wrote :

I suspected that the upstream notice refers to the non-free music and sounds, but it can't hurt to be certain.

The licensing FAQ[1] of upstream states the following:

"All source code found on this site is available under the GNU General Public License (often referred to as the GPL). You can obtain a copy of the license by clicking here [link to GPLv2]."

"Please make sure you are aware of the terms of this license before installing or running our software. Please also note that game assets are Non Free and should not be included as part of a Linux distribution or made available in any repositories."

This is more clear than "This game should not be added to Linux distributions or respositories." And it does seem to also suggest that the non-free data is the only problem. According to Wikipedia[2], "artwork (including textures and 3D models), sound effects and music, text, dialogue" are game assets.

Note that there might be other non-free data besides just music and sounds; only source code is released under GPL.

I have already emailed upstream and received an inconclusive response. After replying and making my request more specific, I am waiting for a response. I have attached the correspondence. I will keep you updated with any response(s).

[1] http://www.parallelrealities.co.uk/faqs.php#License%20FAQ
[2] http://en.wikipedia.org/wiki/Game_development#Duration

Revision history for this message
KarlGoetz (kgoetz) wrote :

On Fri, 2008-09-12 at 00:22 +0000, Dara Adib wrote:
> I suspected that the upstream notice refers to the non-free music and
> sounds, but it can't hurt to be certain.

Thanks for looking into this.
kk

> [1] http://www.parallelrealities.co.uk/faqs.php#License%20FAQ
> [2] http://en.wikipedia.org/wiki/Game_development#Duration

Revision history for this message
Dara Adib (daradib) wrote :
Download full text (4.7 KiB)

I got a response from upstream and have attached an updated correspondence file. While I would recommend reading the correspondence, the only thing decisively determined is to see the following forum URL:

http://www.happypenguin.org/forums/viewtopic.php?t=4725

I fully recommend reading the entire forum thread, but I'll quote some important parts with comments.

Upstream author: "It's Stephen Sweeney of Parallel Realities here, the guys that brought you Project: Starfighter, Metal Blob Solid, Virus Killer, and Blob And Conquer."

All four of these games are included in Debian/Ubuntu and contain non-free data. The problem is, therefore, much bigger than expected.

Upstream author: "You do know that the GPL only applies to software, right? ie - the program code? [sic] ... I'm not going to say anything more on the subject of the GPL and licenses because this isn't what I started this thread to do (and I'm actually rather annoyed that you decided to hijack it to vent your spleen). All I'll say is that there are HUNDREDS of GPL'd games that include non-free assets, because the authors' opinion was that the GPL applied only to their code, as did I. "

This brings up the question if there might be other non-free data besides just music and sounds, e.g. artwork/graphics, text, etc; in other words anything other than code.

Upstream does not use a distributed version control system, which may explain their reluctance to make any game modifications (burn-out). Luckily:

Upstream author: "Once Blob And Conquer is 'finished' (or rather, has hit v1.00) I'll likely be looking for maintainers for the other projects, since my time on them will be done. "

Version 1.0 was released on August 17. This suggests that the development for Blob Wars might become more transparent (e.g. version control system for code development), letting the community "liberate" the game.

Upstream author: "I found the sound effects by doing web searches for things like "pistol" and "punch" and "splat" and stuff like that."

Which of course means they were not necessarily free in the sense of freedom. And there is no proof without a doubt that it isn't illegal to distribute the files. From what was said in the thread, it seems more serious in terms of legality.

Another User: "For the "non-free" resources, since nobody yet gave much information about *what* resources actually are affected, and *what* permissions to use and/or distribute them, under *which* conditions, I'm pretty unsure. Basically, without written permission to distribute them freely, You and me and Stephen could be sued. Without written permission to use them, users could be sued."

Same User: "@Stephen [upstream author]: I know that this posting looks very different from what I wrote the other day, but I wasn't aware of the fact that you collected some of the data files from random sources; instead, I thought that the only problem was that some of the files weren't "free enough" in the FSF/GNU way (for example, "free to use, distribute, but don't modify the shit"). But this problem *really* is different. Should you have a list of URLs from where you got the resources, that'd be *really* helpful; such a list would ...

Read more...

Revision history for this message
David Futcher (bobbo) wrote :

Synced from Debian, fix released. If you wish to have a review of this package, please bring it up on a development mailing list (or a legal one, debian-legal seems a good place to go with this) and then if other devs want it removed file a removal bug. Please dont keep using thing one.

Changed in blobwars:
assignee: bobbo → nobody
status: In Progress → Fix Released
Revision history for this message
Dara Adib (daradib) wrote :

needs discussion on "a development mailing list (or a legal one, debian-legal seems a good place to go with this)" as David Futcher said.

description: updated
Changed in blobwars:
status: Fix Released → Incomplete
Revision history for this message
David Futcher (bobbo) wrote :

Package has been synced from Debian. All non-free content has now been removed. Closing bug.

Changed in blobwars:
status: Incomplete → Fix Released
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