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Bug 556338 - Crossover Licensing
Summary: Crossover Licensing
Status: CONFIRMED
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: Current packages (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Licenses team
URL:
Whiteboard:
Keywords:
Depends on:
Blocks:
 
Reported: 2015-07-30 17:35 UTC by Richard Yao (RETIRED)
Modified: 2021-08-04 19:26 UTC (History)
2 users (show)

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


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Description Richard Yao (RETIRED) gentoo-dev 2015-07-30 17:35:40 UTC
Long story short:

1. CROSSOVER and CROSSOVER-2 were not in @EULA. That is now fixed.

2. RESTRICT=bindist was not on the Crossover packages, but needs to be because users may not redistribute the binary package built from the ebuild. That is now fixed.

3. The licenses treat trial users and users licensed through paid subscriptions differently. Clause 4 states:

      If the Software was given to you for purposes of evaluation, then this
      License will terminate at the end of the specified evaluation period,
      typically 30 days.

      Upon termination you must destroy the Software, related documentation and
      all copies thereof.

The ebuild must have RESTRICT=fetch because of the last sentence. ulm and I spoke with Codeweavers CEO, Jeremy White, about this and Codeweavers is willing to remove that sentence effective of Crossover 15.

4. RESTRICT=mirror is needed unless the license changes to explicitly grant permission for redistribution of unmodified files. It does not deny this, but not every jurisdiction would construe the lack of a denial as being permission.

5. Jeremy White was willing to insert a Gentoo-specific grant to permit redistribution. Unfortunately, that would not help because most of the mirrors are not even owned by Gentoo, so it would not apply to them.
Comment 1 Richard Yao (RETIRED) gentoo-dev 2015-07-30 18:04:08 UTC
ulm pointed out to me in IRC that #4 above is wrong. The software is copyrighted, so redistribution is not permitted by default. The fact that there is an explicit provision barring redistribution of derivative works does not say that the absence of a provision barring redistribution of the unmodified work makes it alright. The exemption for the OSS components does not apply here unless they are extracted to be redistributed separately. The idea of ambiguities under US law being interpreted to favor the party that did not write the license would not apply here because an attorney would very likely find this to be unambiguous. Consequently, very few jurisdictions would allow redistribution and we definitely need an explicit grant if we are to lift RESTRICT=mirror.

Also, I believe that lifting restrict=bindist would not only require the grant to remove RESTRICT=mirror, but would also require clause 3b be amended to clarify the meaning of derivative works so that the packages built from the ebuilds are not considered derivative works.
Comment 2 Richard Yao (RETIRED) gentoo-dev 2015-07-30 18:10:53 UTC
It should also be said for the benefit of anyone from Codeweavers reading this that binary distributions like Sabayon (a Gentoo child distribution) will need the RESTRICT=bindist restriction (and by consequence, the RESTRICT=mirror restriction) removed before they can put crossover into their repository. Distributions like Debian likely would be okay with just RESTRICT=mirror provided that they take care not to repackage the files from the file that Codeweavers provides.
Comment 3 Richard Yao (RETIRED) gentoo-dev 2015-07-30 18:12:01 UTC
(In reply to Richard Yao from comment #2)
> It should also be said for the benefit of anyone from Codeweavers reading
> this that binary distributions like Sabayon (a Gentoo child distribution)
> will need the RESTRICT=bindist restriction (and by consequence, the
> RESTRICT=mirror restriction) removed before they can put crossover into
> their repository. Distributions like Debian likely would be okay with just
> RESTRICT=mirror provided that they take care not to repackage the files from
> the file that Codeweavers provides.

That should be "just RESTRICT=mirror being removed".
Comment 4 Richard Yao (RETIRED) gentoo-dev 2015-08-03 16:58:21 UTC
Codeweavers reached out to me by email on July 31, 2015 to inform me that they have deleted the language that keeps us from fetching the distfile from VCS and that it should be gone from the next point release.
Comment 5 Ulrich Müller gentoo-dev 2020-01-25 11:55:17 UTC
(In reply to Richard Yao from comment #4)
> Codeweavers reached out to me by email on July 31, 2015 to inform me that
> they have deleted the language that keeps us from fetching the distfile from
> VCS and that it should be gone from the next point release.

Any new information on this?