Bug 436220 – games-emulation/snes9x: wrong use of as-is license

• Product: Gentoo Linux
• Status: RESOLVED FIXED

[Description Hanno Böck 2012-09-25 14:41:26 UTC]

snes9x uses the "as-is" license, but the upstream license clearly is different and forbids commercial use:
https://code.google.com/p/snes9x-gtk/

The license variable currently in the ebuild is
LICENSE="as-is GPL-2 LGPL-2.1"

cite: "Snes9x is freeware for PERSONAL USE only. Commercial users should seek permission of the copyright holders first."

This license seems to be used exclusively by snes9x, so you should add a snes9x-license file to /usr/portage/licenses and use that.

Also, please check if snes9x really uses GPL and LGPL code. If they're linked together with code with the cited noncommercial-license, that would be illegal.

Note that not every license that has an "as-is" clause may use the as-is license - it is only considered for as-is-clauses that qualify as free software.

[Comment 1 Ulrich Müller 2013-04-06 16:08:29 UTC]

The license isn't the HPND, therefore I think that this change isn't right:
http://sources.gentoo.org/cgi-bin/viewvc.cgi/gentoo-x86/games-emulation/snes9x/snes9x-1.53.ebuild?r1=1.8&r2=1.9

I've added a Snes9x license file and changed LICENSE of the ebuild to "Snes9x GPL-2 LGPL-2" (as some files are under the "only" versions of the GNU licenses).


(In reply to comment #0)
> Also, please check if snes9x really uses GPL and LGPL code. If they're
> linked together with code with the cited noncommercial-license, that would
> be illegal.

In most jurisdictions, it's not illegal for the user to link them together on his own system. But bindist restriction may be necessary. Leaving this bug open until this question is answered.

[Comment 2 Robin Johnson 2013-04-06 18:58:15 UTC]

Non-complete review of licenses in this package:

dsp1.cpp: Snes9x, GPL2 (not later)
spc7110dec.cpp: ISC

jma/s9x-jma.cpp: Snes9x
jma/aribitcd.h: no license
jma/ariprice.h: no license
jma/s9x-jma.h: Snes9x
remainder of jma/*: Mix of GPL2 (not later), LGPL-2.1 (not later)
filter/, apu/: Mix of Snes9x, LGPL-2.1+
unzip/: Mix of ZLIB, Info-ZIP
gtk/: LGPL-2.1+
win32/glext.h: MIT
win32/objfix.c - GPL2+
win32/: Mix of SNES9x, LGPL-2.1+, GPL2+

So it really needs RESTRICT=bindist for the binaries, and a LOT of additions to LICENSES.

[Comment 3 Mr. Bones. (RETIRED) 2013-04-06 19:59:26 UTC]

stop changing the severity.

[Comment 4 Ulrich Müller 2013-04-06 20:20:23 UTC]

(In reply to comment #3)
> stop changing the severity.

I shall, if you explain why this would qualify as an "enhancement".

[Comment 5 Ulrich Müller 2013-04-06 20:31:57 UTC]

(In reply to comment #2)
> So it really needs RESTRICT=bindist for the binaries, and a LOT of additions
> to LICENSES.

Added bindist restriction and all above-mentioned licenses.