Re: License evaluation sought

[Tore Anderson <tore@linpro.no>]

* Tore Anderson

 >    I would like to have the list members' opinion on the following
 >   license, which is about to be applied to the data files of an
 > old adventure game:
 >
 >  ~~~
 >  Preamble:
 >    Basically, give this game away, share it with your friends.
 > Don't remove this Readme, or pretend you wrote it. You can include
 > it in a software collection, like a linux distribution or
 > coverdisk (which may be sold), but using it in things like
 > commercial adventure game collections without asking is just
 > playing dirty. This preamble is not legally binding, but is to
 > clarify the intent of the following license.
 >
 >  License:
 >   1) You may distribute this game for free on any medium, provided
 > this readme and all associated copyright notices and disclaimers
 > are left intact.
 >
 >   2) You may charge a reasonable copying fee for this archive, and
 > may distribute it in aggregate as part of a larger & possibly
 > commercial software distribution (such as a Linux distribution or
 > magazine coverdisk). You must provide proper attribution and
 > ensure this readme and all associated copyright notices, and
 > disclaimers are left intact.
 >
 >   3) You may not charge a fee for the game itself. This includes
 >  reselling the game as an individual item.
 >
 >   4) All game content is (C) Revolution Software Ltd. The ScummVM
 >  engine is (C) The ScummVM Team (www.scummvm.org)
 >
 >   5) THE GAMEDATA IN THIS ARCHIVE IS PROVIDED "AS IS" AND WITHOUT
 > ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING AND NOT LIMITED TO
 > ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A
 > PARTICULAR PURPOSE.
 >  ~~~

  As a few has pointed out, this does not allow for modifying and
 redistributing modified versions.  I believe the only chance I have
 to make the copyright holder accept such a clause, would be through
 making it pass DFSG clause 4.

  Therefore, I'm about to suggest the copyright holder adds the
 following clause to the above license:

    * You may modify the game as you wish.  You may distribute this
      modified version if, and only if, it is done by the means of
      distributing files that modify the game ("patch files")
      alongside the original (unmodified) version of the game.

  Based on the replies I got to my original request for help, I
 believe this passes the DFSG (even though it may be because of
 ineffectiveness).  However, I want to have ascertained that what
 I suggest actually is DFSG-compliant, before I ask the copyright
 holder to add it.

  So my question is:  Would the above license with the added clause
 pass the DFSG?  If no, why not?

Thanks for your time,
-- 
Tore Anderson