Gentoo Archives: gentoo-dev

From: Richard Freeman <rich0@g.o>
To: gentoo-dev@l.g.o
Cc: gentoo-dev@g.o
Subject: Re: [gentoo-dev] License Interpretation
Date: Thu, 21 Aug 2008 01:07:31
Message-Id: 48ACBFBC.4070902@gentoo.org
In Reply to: [gentoo-dev] License Interpretation by Jim Ramsay
1 Jim Ramsay wrote:
2 > 2.5.1 You may not modify, adapt, translate or create derivative works
3 > based upon the Software. You may not reverse engineer, decompile,
4 > disassemble or otherwise attempt to discover the source code of the
5 > Software...
6 >
7 > Anyone care to weigh in, lawyer or not?
8 >
9
10 Obviously I'm not a lawyer but I don't see an issue here. I don't see
11 that Gentoo or its developers are in any way a party to this agreement.
12 This is an agreement between Adobe and those who distribute its
13 software. Some argue that EULAs also apply to those who use software
14 (which is debatable), but Gentoo does not use this software either (to
15 my knowledge).
16
17 Gentoo distributes ebuilds - which are not the property of Adobe and are
18 not derivative works of any of Adobe's software. A user who executes an
19 ebuild might obtain a copy of an Adobe product that Adobe distributes.
20 A user who executes an ebuild might create a derivative work of an Adobe
21 product, and users who use proprietary software are advised to consult
22 with lawyers as appropriate if they are concerned about the terms of
23 license agreements that they may or may not be parties to.
24
25 To me this is kind of like RiffTrax or similar along-side products that
26 allow users to improve the experience of using a copyrighted work, but
27 which are not themselves derivatives of copyrighted works. If a user
28 using one of these products happens to create a derivative work that is
29 a matter between them and the copyright owner. If such work is
30 occurring without further distribution in an end-user context it is
31 likely to be considered fair use.
32
33 Gentoo doesn't distribute software (well, except to the degree that we
34 mirror it). Gentoo makes it easier for users to use software that
35 others distribute. As a result, Gentoo stays fairly clear of copyright
36 law, and we do make a good-faith effort to not mirror content which we
37 are not licensed to redistribute.
38
39 That is my personal take on things like this, but again, I'm not a
40 lawyer and others might not agree (makes no difference to me one way or
41 another if you don't). :)

Replies

Subject Author
[gentoo-dev] Re: License Interpretation Duncan <1i5t5.duncan@×××.net>
Re: [gentoo-dev] License Interpretation Donnie Berkholz <dberkholz@g.o>