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Bug 608954 - games-arcade/mari0-1.6: LICENSE and RESTRICT contradict each other
Summary: games-arcade/mari0-1.6: LICENSE and RESTRICT contradict each other
Status: RESOLVED WONTFIX
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: Current packages (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Gentoo Games
URL:
Whiteboard: Masked for removal on 2017-03-12
Keywords: PMASKED
Depends on:
Blocks:
 
Reported: 2017-02-11 13:00 UTC by Ulrich Müller
Modified: 2017-03-13 00:13 UTC (History)
4 users (show)

See Also:
Package list:
Runtime testing required: ---


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Description Ulrich Müller gentoo-dev 2017-02-11 13:00:57 UTC
The ebuild has this:

LICENSE="CC-BY-NC-SA-3.0"
RESTRICT="fetch" # unsure about legality of graphics

So, you cannot have your cake and eat it too:
- Either LICENSE is correct, then it is freely distributable and shouldn't have any fetch or mirror restriction.
- Or, RESTRICT is correct. Then this is a copyright violation which we should not endorse and consequently the package should be removed.
Comment 1 Ulrich Müller gentoo-dev 2017-02-11 15:08:19 UTC
Presumably it's a copyright violation, given the comment in main.lua:

	STEAL MY SHIT AND I'LL FUCK YOU UP
	PRETTY MUCH EVERYTHING BY MAURICE GUÉGAN AND IF SOMETHING ISN'T BY ME THEN IT SHOULD BE OBVIOUS OR NOBODY CARES

Also Debian have done an audit, https://wiki.debian.org/Games/Suggested#Mari0:
"The graphics are modified from the original Nintendo gfx set. Advise this is not packaged."
Comment 2 Tupone Alfredo gentoo-dev 2017-02-12 15:20:15 UTC
(In reply to Ulrich Müller from comment #1)
> Presumably it's a copyright violation, given the comment in main.lua:
> 
> 	STEAL MY SHIT AND I'LL FUCK YOU UP
> 	PRETTY MUCH EVERYTHING BY MAURICE GUÉGAN AND IF SOMETHING ISN'T BY ME THEN
> IT SHOULD BE OBVIOUS OR NOBODY CARES
> 
> Also Debian have done an audit,
> https://wiki.debian.org/Games/Suggested#Mari0:
> "The graphics are modified from the original Nintendo gfx set. Advise this
> is not packaged."

I'm not a lawyer but just two lines below writes 

RELEASED AS NON-COMMERCIAL, SHARE ALIKE 

and that seems to respect the LICENSE.

Don't know about the graphic.
Comment 3 Ulrich Müller gentoo-dev 2017-02-12 18:05:25 UTC
(In reply to Tupone Alfredo from comment #2)
> I'm not a lawyer but just two lines below writes 
> 
> RELEASED AS NON-COMMERCIAL, SHARE ALIKE 

For reference, here is the full notice:

--[[
    STEAL MY SHIT AND I'LL FUCK YOU UP
    PRETTY MUCH EVERYTHING BY MAURICE GUÉGAN AND IF SOMETHING ISN'T BY ME THEN IT SHOULD BE OBVIOUS OR NOBODY CARES

    THIS AWESOME PIECE OF CELESTIAL AMBROSIA IS RELEASED AS NON-COMMERCIAL, SHARE ALIKE, WHATEVER. YOU MAY PRINT OUT THIS CODES AND USE IT AS WALLPAPER IN YOUR BATHROOM.
    FOR SPECIFIC LICENSE (I know you linux users get a hard on when it comes to licenses) SEE http://creativecommons.org/licenses/by-nc-sa/3.0/
    NOW GO AWAY (or stay and modify shit. I don't care as long as you stick to the above license.)
]]

> and that seems to respect the LICENSE.

But unfortunately it is not accurate. A quick glance shows that several of the files in the shaders directory are licensed under GPL-2+ which is incompatible with CC-BY-NC-SA. Some code is MIT licensed, and there also seems to be third-party stuff without any license notice.

> Don't know about the graphic.

There is the real show-stopper. From the Debian audit: "The graphics are modified from the original Nintendo gfx set."

We could ask upstream for clarification where the graphics originates from. (However, I for my part refuse to confer with a person who uses such language as quoted above.)
Comment 4 James Le Cuirot gentoo-dev 2017-02-12 19:28:48 UTC
(In reply to Ulrich Müller from comment #3)
> (However, I for my part refuse to confer with a person who uses such
> language as quoted above.)

I don't blame you, this guy seems vile. Let's just drop it.
Comment 5 Michael Palimaka (kensington) gentoo-dev 2017-03-13 00:13:26 UTC
Package removed.