The ebuild has LICENSE="freedist", but there is no license included in the package's tarball, only a warranty disclaimer at the end of the README file. HOMEPAGE is dead, and the archived homepage at https://web.archive.org/web/20050120093500/http://www.byte.com/bmark/bmark.htm doesn't contain a license either, but points to the original upstream, which is archived: https://web.archive.org/web/20050120093500/http://www.byte.com/bmark/bmark.htm Following the "Copyright" link at the bottom of that page leads to a page saying the following: "Copyright © 2005 CMP Media LLC All materials contained on this site, including text, graphics, icons, still and moving images, sound recordings, musical compositions, audiovisual works and software, are the property of CMP Media LLC ("CMP") or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CMP. You may not reproduce, modify, distribute or republish materials contained on this site (either directly or by linking) without our prior written permission. You may not alter or remove any trademark, copyright or other notice from copies of content. You may, however, download material from the site (one machine readable copy and one print copy per page) for your personal, noncommercial use only. We reserve all rights in and title to all material so downloaded. All trademarks, service marks, trade names, trade dress and logos appearing on the site are the property of their respective owners, including in some instances CMP Media LLC." The first paragraph explicitly forbids redistribution of software contained on that site. Going back in time to 1997 when Byte Magazine was still owned by McGraw-Hill, I find https://web.archive.org/web/19970704045901/http://www.mcgraw-hill.com:80/corporate/news_info/copyrttm.htm: "All information provided by The McGraw-Hill Companies and its affiliates is owned by or licensed to The McGraw-Hill Companies and its affiliates (the 'McGraw-Hill Information'). The McGraw-Hill Companies and its licensors retain all proprietary rights to the McGraw-Hill Information. The McGraw-Hill Companies has the right to use all material entered into these Web pages (other than third-party material transmitted through private electronic mail) in any of The McGraw-Hill Companies' print or electronic publications. Except for making one hard copy print of limited portions of the McGraw-Hill Information on an ad hoc basis, or downloading as expressly authorized by The McGraw-Hill Companies, McGraw-Hill Information may not be reproduced, transmitted or distributed without The McGraw-Hill Companies' permission." Again, distribution is explicitly forbidden. @Licenses team: https://web.archive.org/web/20160617120441/http://www.tux.org/~mayer/linux/nbench-byte-2.2.3.lsm says "Copying-policy: freely distributable". Is this enough for us to leave the ebuild's LICENSE alone?
http://www.math.utah.edu/~mayer/linux/byte/faqbmark.pdf says: " [Q:] Where can I obtain a copy of the BYTEmark test suite? [A:] We’ve made source code and binary files for popular platforms available on our Website, at [http://web.archive.org/web/20080619081129/http://www.byte.com/bmark/download.htm]. Anyone is free to download and run our BYTEmark tests, or to compile the source code themselves. Freely distributing benchmark code allows us to remain completely open about the objectives and capabilities of the BYTEmark suite. We invite comments and suggestions for future upgrades. "
(In reply to Jeroen Roovers from comment #1) > http://www.math.utah.edu/~mayer/linux/byte/faqbmark.pdf says: I.e. https://web.archive.org/web/20050209151137/http://www.byte.com/bmark/faqbmark.htm#R8
(In reply to Jeroen Roovers from comment #1) > http://www.math.utah.edu/~mayer/linux/byte/faqbmark.pdf says: > > " > [Q:] Where can I obtain a copy of the BYTEmark test suite? > [A:] We’ve made source code and binary files for popular platforms available > on our Website, at > [http://web.archive.org/web/20080619081129/http://www.byte.com/bmark/ > download.htm]. > Anyone is free to download and run our BYTEmark tests, or to compile the > source code themselves. "Download and run" doesn't include the permission to redistribute. > Freely distributing benchmark code allows us to > remain completely open about the > objectives and capabilities of the BYTEmark suite. We invite comments and > suggestions for future upgrades. > " Yeah, I've seen that too. *They* are freely (as in freedom?) distributing it, and to conclude that this allows redistribution is at least stretching the meaning. Of course, I realise that this package is from a simpler time, when no attention was spent to license issues. Also, Byte Magazine is no more, and at least the last maintainer's (Uwe F. Mayer) page contains a "freely distributable" statement (see comment #0). Asking for a second opinion of a licenses team member: Given these statements, can we distribute this in good faith?
(In reply to Ulrich Müller from comment #0) > HOMEPAGE is dead, and the archived homepage at > https://web.archive.org/web/20050120093500/http://www.byte.com/bmark/bmark.htm > doesn't contain a license either, [...] Sorry, I've pasted the wrong URL there. Archived homepage is at: https://web.archive.org/web/20160415171101/http://www.tux.org/~mayer/linux/bmark.html
(In reply to Ulrich Müller from comment #3) > Asking for a second opinion of a licenses team member: Given these > statements, can we distribute this in good faith? Ping.
(In reply to Ulrich Müller from comment #3) > [...] the last maintainer's (Uwe F. Mayer) page contains a "freely > distributable" statement. Going with that for now, until someone will provide further information.
