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Bug 704886 - www-client/opera QA License warning
Summary: www-client/opera QA License warning
Status: RESOLVED FIXED
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: Current packages (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Chromium Project
URL:
Whiteboard:
Keywords:
Depends on:
Blocks:
 
Reported: 2020-01-06 19:44 UTC by Jonas Stein
Modified: 2020-12-18 15:53 UTC (History)
3 users (show)

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


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Description Jonas Stein gentoo-dev 2020-01-06 19:44:55 UTC
https://qa-reports.gentoo.org/output/gentoo-ci/774f749b/output.html#www-client/opera

The QA script says:

65.0.3467.69	MissingLicenseRestricts	EULA license 'OPERA-2014' requires RESTRICT="bindist mirror"

But the license includes
===
3       License

Subject to the terms and conditions of these Terms, Opera hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license; (i) to use the Services and to install and use the Software supplied to you hereunder, as installed on your personal computer, including your laptop, desktop, or on computers within your organization; and (ii) to reproduce and distribute the Software without modification, provided that any such reproduction or distribution of the Software by you: (a) must be in an application repository for a desktop Open Source OS distribution (expressly excluding distribution for embedded Open Source OS); (b) must be made available free of charge for end-users; (c) must be subject to and distributed with a copy of this Agreement; and (d) no automatic modification of the default search engines in the Software settings is done at any time, including but not limited to after the Software is installed.
===

We should either fix the ebuild, or update the QA tool.

Reproducible: Always
Comment 1 Ulrich Müller gentoo-dev 2020-01-06 20:17:24 UTC
OPERA-2014 was added to the EULA group per bug 573050, and I won't challenge that. Especially, the first paragraph clearly says that it is a contract, not a license.

(In reply to Jonas Stein from comment #0)
> (a) must be in an application repository for a desktop Open Source OS
> distribution (expressly excluding distribution for embedded Open Source OS);

Fascinating. What is an "application repository"? How would one "expressly exclude distribution for embedded Open Source OS"? I don't have the slightest idea what this means.

I'd say we should play it safe and add mirror and bindist restrictions to the ebuild. Alternatively, we could ask upstream for an explanation what they mean by that nonsense.
Comment 2 Jeroen Roovers (RETIRED) gentoo-dev 2020-01-07 09:35:39 UTC
(In reply to Ulrich Müller from comment #1)
> Fascinating. What is an "application repository"? How would one "expressly
> exclude distribution for embedded Open Source OS"? I don't have the
> slightest idea what this means.

My informed guess is that desktop use for individual users is fine, but use in thousands or millions of "random access" kiosks would require a separate license.
Comment 3 Ulrich Müller gentoo-dev 2020-01-07 17:59:59 UTC
(In reply to Jeroen Roovers from comment #2)
> My informed guess is that desktop use for individual users is fine, but use
> in thousands or millions of "random access" kiosks would require a separate
> license.

Yeah, but then the license should say precisely that ...

We have an Embedded Project, using the same distfile mirrors. So we'd have a hard time arguing that we exclude distribution for embedded.
Comment 4 Ulrich Müller gentoo-dev 2020-01-09 17:44:00 UTC
(In reply to Jonas Stein from comment #0)
> We should either fix the ebuild, or update the QA tool.

I believe that the argument about @EULA and mirror restriction goes like this (disclaimer: IANAL, TINLA):

An EULA will require users to enter into a binding contract with upstream, before they are allowed to use the software. But if redistribution is allowed, then users can legitimately download it from a mirror site, and nothing will force them to enter into that contract (because copyright law covers only distribution, but not usage). Therefore, if the license allows redistribution, then it cannot be an EULA.

In other words, it is fine that the QA tool warns about this. The alternatives are either to update the ebuild, or to reconsider if the license belongs in the EULA group.
Comment 5 Stephan Hartmann (RETIRED) gentoo-dev 2020-12-17 16:31:53 UTC
What has to be done here? I would like to avoid RESTRICT="mirror", because I store ffmpeg codecs package in my dev space and download is very slow. Can we remove OPERA-2014 from EULA group?
Comment 6 Ulrich Müller gentoo-dev 2020-12-17 19:55:07 UTC
(In reply to Stephan Hartmann from comment #5)
> What has to be done here? I would like to avoid RESTRICT="mirror", because I
> store ffmpeg codecs package in my dev space and download is very slow.

EAPI 8 will address this problem.

> Can we remove OPERA-2014 from EULA group?

See my comment #1 above. It's a boundary case, because their terms aren't entirely clear. Normally we tend to stay on the safe side.

@Licenses team, any opinions?
Comment 7 Ulrich Müller gentoo-dev 2020-12-17 21:57:42 UTC
Also, the license included with the .deb file of opera-73.0.3856.284 (in ./usr/share/doc/opera-stable/copyright) is completely different from what we have listed as OPERA-2014, which makes above discussion moot.

"3. YOU MUST RESPECT OUR RIGHTS IN THE SOFTWARE. [...] You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. [...]"
Comment 8 Larry the Git Cow gentoo-dev 2020-12-18 15:53:27 UTC
The bug has been closed via the following commit(s):

https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=b19cf83612173798c1206f301fe36e1641a62f9d

commit b19cf83612173798c1206f301fe36e1641a62f9d
Author:     Stephan Hartmann <sultan@gentoo.org>
AuthorDate: 2020-12-18 15:48:53 +0000
Commit:     Stephan Hartmann <sultan@gentoo.org>
CommitDate: 2020-12-18 15:51:28 +0000

    www-client/opera-developer: update license
    
    Closes: https://bugs.gentoo.org/704886
    Package-Manager: Portage-3.0.9, Repoman-3.0.2
    Signed-off-by: Stephan Hartmann <sultan@gentoo.org>

 www-client/opera-developer/opera-developer-74.0.3904.0-r1.ebuild | 3 ++-
 1 file changed, 2 insertions(+), 1 deletion(-)

Additionally, it has been referenced in the following commit(s):

https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=c64350eb0363f886f72ff046607a738b0364b2a9

commit c64350eb0363f886f72ff046607a738b0364b2a9
Author:     Stephan Hartmann <sultan@gentoo.org>
AuthorDate: 2020-12-18 15:47:53 +0000
Commit:     Stephan Hartmann <sultan@gentoo.org>
CommitDate: 2020-12-18 15:51:28 +0000

    www-client/opera-beta: update license
    
    Bug: https://bugs.gentoo.org/704886
    Package-Manager: Portage-3.0.9, Repoman-3.0.2
    Signed-off-by: Stephan Hartmann <sultan@gentoo.org>

 www-client/opera-beta/opera-beta-73.0.3856.283.ebuild | 3 ++-
 1 file changed, 2 insertions(+), 1 deletion(-)

https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=b1933b04e044103edc0e06f40849e59d1b54658d

commit b1933b04e044103edc0e06f40849e59d1b54658d
Author:     Stephan Hartmann <sultan@gentoo.org>
AuthorDate: 2020-12-18 15:45:32 +0000
Commit:     Stephan Hartmann <sultan@gentoo.org>
CommitDate: 2020-12-18 15:51:27 +0000

    www-client/opera: update license
    
    Bug: https://bugs.gentoo.org/704886
    Package-Manager: Portage-3.0.9, Repoman-3.0.2
    Signed-off-by: Stephan Hartmann <sultan@gentoo.org>

 www-client/opera/opera-73.0.3856.284-r1.ebuild | 3 ++-
 1 file changed, 2 insertions(+), 1 deletion(-)