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Bug#678746: desktop-base: Joy theme is a mix of incompatibly-licensed works



On Sun, Jun 24, 2012 at 11:13:31AM +0200, Francesco Poli (wintermute) wrote:
> Package: desktop-base
> Version: 7.0.0~exp2
> Severity: serious
> Justification: Policy 2.3
> 
> Hello,
> I read about the new Joy theme [1][2].
> 
> [1] http://blog.pault.ag/post/25614704596/my-quest-to-get-desktop-base-set-before-wheezy
> [2] http://blog.pault.ag/post/25747178764/debian-desktop-7-0-0-exp2-in-experimental
> 
> It looks nice, but it seems to have licensing issues.
> In the debian/copyright file [3] I read:
> 
> | The Joy theme is © 2012 Adrien Aubourg and released under the CC-BY-SA 3.0
> | license.
> | 
> | The Joy plymouth theme is Copyright © 2009 Canonical Ltd.,
> | Copyright © 2010 Aurélien COUDERC and Copyright © 2012 Jonathan Carter under
> | the GPLv2+, with work from Adrien Aubourg under the CC-BY-SA 3.0 License.
> | 
> | The Joy KDM, GDM and KSplash grub theme are © 2012 Paul Tagliamonte and released
> | under the CC-BY-SA 3.0 license, with work from all the previous authors, and
> | Adrien Aubourg.
> 
> [3] http://packages.debian.org/changelogs/pool/main/d/desktop-base/desktop-base_7.0.0~exp2/copyright
> 
> First of all, these debian/copyright paragraphs fail to acknowledge that
> the Joy theme is based on the Debian “Open Use” (without “Debian” word)
> logo. But this may be fixed easily.

ACK'd. I'll fix this tonight. Thank you!

> 
> 
> The major issue seems to be that the Joy plymouth theme mixes parts
> released under CC-by-sa-v3.0 and parts released under GPLv2+.
> Since CC-by-sa-v3.0 is incompatible with GPLv2+, I would say that the
> resulting work is legally undistributable.

This *might* be true if it was two bits of code that get linked
together, but since Plymouth (and the plugin, which is GPLv2) only
render the CC-BY-SA 3.0 work, it should be fine.

I'll CC debian-leagl for comment

If this was the case, a lot of games would have to be removed from the
archive.

> 
> The same issue seems to hold for the Joy KDM, GDM and KSplash grub theme,
> since it said to incorporate "work from all the previous authors".
> If "all the previous authors" includes Aurélien COUDERC and/or
> Jonathan Carter, it seems that their work is under GPLv2+ and thus
> the incompatibility of CC-by-sa-v3.0 again kicks in.

Johnathan Carter contributed to the Plymouth script, not the artwork.
The artwork is still the same.

In this case, I'll modify this line to show the files that I edited are
still GPLv2, and the images it's self is CC-BY-SA 3.0. No problem, no
big deal.

> 
> 
> (For the record, I am also convinced that CC-by-sa-v3.0 fails to
> meet the DFSG, but that's another story, since FTP masters disagree
> with me, unfortunately).
> 
> 
> I hope the incompatibility issue may be fixed soon for the Joy theme.

Not such a big deal :)

> 
> Since everything else in the desktop-base package is GPL-compatible,
> I strongly recommend to persuade Adrien Aubourg and Paul Tagliamonte

I'm fine with whatever license comes up. I just wanted to keep
consistancy.

> to re-license their work under the terms of the GNU GPL v2 or later.
> Or, at least, to dual-license it under CC-by-sa-v3.0 and GPLv2+.
> (In the latter case, the complete text of CC-by-sa-v3.0 should be
> included in the debian/copyright file, though.)
> 
> 
> Bye and thanks for your time.

Thank you,
 Paul

> 
> 
> 

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