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Bug 634288 - [TRACKER] games-misc/fortune-mod* tree cleaning
Summary: [TRACKER] games-misc/fortune-mod* tree cleaning
Status: CONFIRMED
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: Current packages (show other bugs)
Hardware: All Linux
: Normal major (vote)
Assignee: Licenses team
URL:
Whiteboard:
Keywords: Tracker
Depends on: 634318 634332
Blocks:
  Show dependency tree
 
Reported: 2017-10-15 00:55 UTC by Jonas Stein
Modified: 2017-10-15 13:05 UTC (History)
3 users (show)

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


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Description Jonas Stein gentoo-dev 2017-10-15 00:55:41 UTC
I suggest to tree clean all databases in games-misc/fortune-mod* with uncertain licenses. 
(Disclaimer: I am not a lawyer.) 

Status
======
games-misc$ grep "LICENSE=" fortune-mod*/*.ebuild
lists ebuilds with large databases of quotes and jokes and licenses.

The problem
===========
a) GPL-x does not match at all. It is not suited for jokes and the author did not license these under any free license which is compatible with GPL-x.

Some files are marked as LICENSE="fairuse". 
https://en.wikipedia.org/wiki/Fair_use
Fair use makes sense, if a single snippet is used to explain something in a larger scientific work, but not for a database of snippets. 

Fair Use requires also that the citation is without changes which means the text snippet must be the exact wording.

b) We do not attribute the author properly and the author did not allow us to distribute the text snippets. 

c) We very likely may not mirror these files.

d) There are very different copyright holders such as
* companies like the Fox Broadcasting Company (Simpsons)
* and persons who wrote the jokes and text
* a translator (bible, The Art of War, Greek lyric)
* real persons who are believed they said the text
* persons or companies, who collected text snippets and assembled these to a database. 

We can not believe, that we have the permission to distribute for example a large database of the StarWars jokes without permission of its creator and without permission of the person who prepared a collection of these StarWars jokes. 

e) I doubt that we have the right to assemble more than 10 year old chat snippets from normal persons (not famous people) on IRC out of context to a joke-list without written permission of the authors.
Besides that most snippets in games-misc/fortune-mod-gentoo-dev are not very profound and show all Gentoo developers in a very bad light. 
We should think twice, if this is the picture we want to present to the world. 

f) I could imagine a imaginary fortune-mod like "Bobs best bash tricks", which is written by Bob and licensed by Bob under CC-by-SA could be fine to distribute in Gentoo.

Summary
=======
If we can not believe that a package is legal without closing two eyes, we should remove it from the tree and our mirrors.
Comment 1 Ulrich Müller gentoo-dev 2017-10-15 08:56:17 UTC
I fear that not many of these packages will be left if we should come to the conclusion that is does not fall under fair use.

Can you do an audit of the games-misc/fortune-mod-* packages? Basically:
- Where does the material originate from, and is it distributable?
- What license (if any) does the upstream package state?
- Does this agree with our LICENSE?
Comment 2 Jonas Stein gentoo-dev 2017-10-15 10:09:16 UTC
In order to keep things organized, I make a tracker out of this ticket and we link the packages.