Re: [gentoo-dev] Last rites: games-rpg/nwn-shadowlordsdreamcatcherdemon

[R0b0t1]

Hello,

On Thu, Sep 7, 2017 at 8:04 AM, Ulrich Mueller <ulm@g.o> wrote:
>>>>>> On Thu, 7 Sep 2017, Rich Freeman wrote:
>
>>>> Do we routinely confirm that any site we list in SRC_URI has
>>>> permission to redistribute files? That seems like a slippery
>>>> slope.
>>>
>>> We don't, and for a package that comes with a license (as the vast
>>> majority of packages does) it normally isn't necessary.
>
>> Why isn't this necessary?  How do you know the person issuing the
>> license actually has the right to issue it?
>
> Don't you think there is a difference between downloading a package
> that has a known upstream and that is also carried by other distros,
> and downloading a license-less package from a random location on the
> internet?
>
>>> The package in question doesn't come with any license though, which
>>> means that only the copyright holder has the right to distribute
>>> it. So I believe that some extra care is justified, especially when
>>> the upstream location of the distfile has changed.
>
>> Why?  We don't redistribute anything that is copyrighted.
>
> Users download the file, and I think that we are responsible to have
> only such SRC_URIs in our ebuilds from where they can obtain the
> package without being exposed to potential legal issues.
>

Downloading does not imply committing a felony. As far as anyone can
tell it is impossible to prosecute someone for downloading something
they already own (regardless of what any EULA has claimed). Further,
copyrights lapse if not enforced. Depending on how long that download
has been up the original rightsholder has forfeited their claim to
their work.

It's also really hard to convince a judge or jury that I am to blame
if someone follows my instructions (save for specific cases where I
could be considered a subject matter expert). E.g. it's possible to
sell radio kits that are illegal to put together and operate.

>> Are you arguing that merely linking to the file is illegal?  If so,
>> then you better get the list archives purged.
>
> Arguably, items in SRC_URI aren't even hyperlinks. And no, I don't
> think that such linking is illegal. IANAL, though.
>

It is at this point I would suggest that you have defeated your own argument.

>>> We don't know this for sure unless we ask the author. So whoever is
>>> interested in keeping the package in the tree should sort these
>>> issues out.
>
>> Perhaps if we want to enforce a policy like this we should take the
>> time to actually write the policy down.  As far as I can tell Gentoo
>> has no such policy currently.
>
> The old Games Ebuild Howto [1] has this:
>
> | LICENSE
> |
> | The license is an important point in your ebuild. It is also a
> | common place for making mistakes. Try to check the license on any
> | ebuild that you submit. Often times, the license will be in a
> | COPYING file, distributed in the package's tarball. If the license
> | is not readily apparent, try contacting the authors of the package
> | for clarification. [...]
>
> I propose to add the paragraph above to the devmanual's licenses
> section.
>

Should the Gentoo foundation include a disclaimer that the software
distributed by it is not to be used to build ballistic missiles or run
nuclear arms programs? Users might do those things, and Gentoo might
be liable for the consequences if they do.


On Thu, Sep 7, 2017 at 4:56 PM, Rich Freeman <rich0@g.o> wrote:
> Do you really need me to put it on the Council agenda?

Sir, please see my above comment about building ballistic missiles. It
may be important for the Gentoo Foundation to add a disclaimer similar
to the one I mentioned. I would hate for the Foundation or any of its
administrators or contributors to be found guilty of aiding and
abetting terrorists.

Respectfully,
     R0b0t1