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Re: FSDG issues of SCUMMVM-based games
From: |
Maxime Devos |
Subject: |
Re: FSDG issues of SCUMMVM-based games |
Date: |
Wed, 24 Aug 2022 23:31:12 +0200 |
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On 24-08-2022 22:24, Vagrant Cascadian wrote:
Is it Functional Data:
https://www.gnu.org/distros/free-system-distribution-guidelines.html
"For example, some game engines released under the GNU GPL have
accompanying game information—a fictional world map, game graphics,
and so on—released under such a verbatim-distribution license. This
kind of data can be part of a free system distribution, even though
its license does not qualify as free, because it is non-functional."
SCUMMVM, among other things, interprets the bytecode of the games (see: VM).
A long time ago, I looked at the Debian package of one of the games, and
there appeared to be only a single 'game' file IIRC, presumably this
includes the bytecode.
Bytecode is code and hence functional, if 'functional' is interpreted in
the narrow sense of 'it does a practical job'.
As such, I do not think this falls under 'non-functional data'
---
That paragraph also appears inconsistent to me. The world map, game
graphics, sounds ... are one of the most important components of the
game. If someone wants to modify the game, I consider it more likely
they have to modify the world map and maybe add some graphics and sounds
than that they have to change the engine. Seems pretty 'functional' to
me. It also does a practical job: entertaining the user.
As such, it appears to me that if the ‘meh, it's non-functional data’ is
non-free, then the game is effectively non-free ---- software does not
just consist of code, the non-code parts are sometimes as important as
the code or more important -- they belong together, as a whole.
Myself, being able to code but not good at art, I would rather have a
non-free game engine with free non-functional data than the free game
engine with non-free non-functional data that the FSDG refers to, at
least I would with a sufficient amount of work (*) be able to replace
the non-free engine, but don't ask me to replace the artwork ...
(*) and some assistance, depending on the size and complexity.
---
Another thing I would like to note is that, even if it were
non-functional data, according to (guix)Software Freedom everything in
Guix is free software:
The GNU operating system has been developed so that users can have
freedom in their computing. GNU is “free software”, meaning that users
have the four essential freedoms
(https://www.gnu.org/philosophy/free-sw.html): to run the program, to
study and change the program in source code form, to redistribute exact
copies, and to distribute modified versions. Packages found in the GNU
distribution provide only software that conveys these four freedoms.
(I'm interpreting 'GNU operating system' and 'GNU distribition' as
'Guix' here.)
That paragraph, and the web page referred to there does not make an
exception for non-functional data -- if it's software, the 4 freedoms
should apply, this is usually code but the freedoms and the reasons for
them apply to software in general, not for code in specific.
To me, it appears that the SCUMMVM games cannot be in Guix, because of
that rule.
It is, however, contradicted by the following paragraph, which is also a
bit misleading:
In addition, the GNU distribution follow the free software
distribution guidelines
(https://www.gnu.org/distros/free-system-distribution-guidelines.html).
Among other things, these guidelines reject non-free firmware,
recommendations of non-free software, and discuss ways to deal with
trademarks and patents.
I consider it contradictory in the sense that it adds exceptions to the
'software must be free' claimed by the the previous paragraph, without
being explicit that there are exceptions (see: non-functional data). I
consider it misleading in the sense that the phrasing implies it just
adds a bit of rules (on top of the 4 freedoms thing) and advise on
potential legal problems, even though it also carves out a few
exceptions (see: non-functional data).
You cannot sell the game itself, but you can charge "a reasonable
copying fee" and distribute it commercially... while slightly confusing
and seemingly contradictory at a passing glance, those two clauses alone
do not appear to violate any of the four freedoms to me:
https://www.gnu.org/philosophy/free-sw.html#four-freedoms
While initially I thought of it as 'a no-selling clause ->
non-commercial only -> non-free', after your explanation I agree -- it
does not appear to have the potential problems referred to in 'Free
software can be commercial' and there is no explicit 'The freedom to
sell software.'.
I'm not really sure you have the right to "sell" most software in GNU
Guix, but you're free to distribute it and even charge for the
distribution of it, and use it in products that you sell to customers.
Most licenses do not give you ownership of the software; they roughly
give you permission to use, study, modify, and share it under the terms
of that license. If you do not own it, I am not sure you can sell it...
Agreed, though myself I am considering this from another perspective --
everything in Guix is gratis ('free' in the commerce sense), usually it
appears that upstream _wants_ it to be available at zero-cost though
maybe I'm projecting here, so to me attempts to sell the software would
appear to be a scam to me, with some exceptions (*).
Some scams being illegal, maybe this one would be too, and hence no
right to 'sell' the software ...
(*) E.g., sometimes you can 'buy' a license to the software but what it
really means is that you are paying the developers to keep working on
that software -- in case of tome4, it's even explicitly named a donation
instead of buying. I do not recall an example where it was phrased as
buying though ...
Greetings,
Maxime.
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- FSDG issues of SCUMMVM-based games, Liliana Marie Prikler, 2022/08/06
- Re: FSDG issues of SCUMMVM-based games, Tobias Geerinckx-Rice, 2022/08/06
- Re: FSDG issues of SCUMMVM-based games, Maxime Devos, 2022/08/06
- Re: FSDG issues of SCUMMVM-based games, Nicolas Goaziou, 2022/08/24
- Re: FSDG issues of SCUMMVM-based games, Liliana Marie Prikler, 2022/08/24
- Re: FSDG issues of SCUMMVM-based games, zimoun, 2022/08/24
- Re: FSDG issues of SCUMMVM-based games, Maxime Devos, 2022/08/24
- Re: FSDG issues of SCUMMVM-based games, Tobias Geerinckx-Rice, 2022/08/24
- Re: FSDG issues of SCUMMVM-based games, Tobias Geerinckx-Rice, 2022/08/25