Re: k3b monkey audio plugin
On Wed, 2008-03-12 at 22:53 +0100, Francesco Poli wrote:
> On Wed, 12 Mar 2008 12:33:56 +1100 Robin Heron wrote:
>
> [...]
> > The actual codec however uses the following:
> >
> > Monkey's Audio Source Code License Agreement
> >
> > License Agreement
> >
> > 1. The Monkey's Audio SDK and source code can be freely used to add APE
> > format playback, encoding, or tagging support to any product, free or
> > commercial.
>
> Can it be used for any other purpose?
> If not, this work seems to fail DFSG#6.
>
> > Use of the code for proprietary efforts that don't support
> > the official APE format require written consent of the author.
>
> The term "proprietary" is never defined in the context of this license.
> I have my own opinions on what is or is not proprietary, but they'll
> probably won't match the point of view of the copyright holder of this
> work and/or of the license drafter...
> This clause is consequently unclear.
>
> >
> > 2. Monkey's Audio source can be included in GPL and open-source
> > software, although Monkey's Audio itself will not be subjected to
> > external licensing requirements or other viral source restrictions.
>
> Very unclear: if you include this work in (GNU) GPL (v2) software, the
> entire combined work must be distributed under the terms of the GNU GPL
> v2 license, if distributed at all (see clause 2b of GPLv2). On the
> other hand, this Monkey's Audio Source Code License Agreement gives
> permission to include the work in GPL software, while stating that
> "Monkey's Audio itself will not be subjected to external licensing
> requirements", whatever that may mean...
>
> This could range from a (good to have) GPL compatibility clause to a
> self-contradictory (and thus unusable) clause. I'm puzzled.
>
> >
> > 3. Code changes and improvements must be contributed back to the
> > Monkey's Audio project free from restrictions or royalties for the sake
> > of the common good, unless exempted by express written consent of the
> > author.
>
> This clause forces modifiers to send patches back to upstream.
> This is non-free (see the recent sub-thread on the desert island test
> for further explanations on why it's non-free).
the license is obviously crap.
>
> [...]
> > The actual codec itself is released in testing/main with a copyright
> > notice as:
>
> Wait, wait: are you saying that there's a package in Debian main with
> the following (non-)license?!?
>
> Which is the name of this package?
>
monkeys-audio from
http://www.debian-multimedia.org released under testing/main
So it is not distributed through the debian mirrors. I think main is the
only category they have there. I didn't actually realise this until your
email prompted further inspection.
> >
> > This package was debianized by mike gan <xmixahlx@yahoo.com> on
> > Mon, 29 Sep 2003 00:02:46 -0700.
> >
> > It was downloaded from: http://supermmg.com
> >
> > Upstream Author: Matthew Ashland
> > 3.96b8 *NIX port by Frank Klemm
> > 3.99.u4 *NIX port by supermmx
> >
> > Copyright:
> >
> > This SDK provides the tools to incorporate Monkey's Audio into your own
> > projects.
> > Cruising through the examples is probably the easiest way to learn how
> > to use everything.
> > If you use C++, it's recommended that you simply statically link to
> > maclib.lib.
> > If you use another language or want dynamic linkage, you can use the
> > C-style interface of the dll.
> > (see Decompress\Sample 3 for an example)
> >
> >
> > If you make any improvements or make any projects of your own that you'd
> > like to add, just let let me know.
> > Also, any help or ideas on how to make the SDK better or more clear
> > would be great.
> > If you link against the included libraries (dynamically or statically),
> > please let me know.
> > As always you can reach me at email @ monkeysaudio.com
> >
> > Also, much of the Monkey's Audio source code is now included with the
> > SDK.
> > Explore the "Source" directory for more information.
> >
> > Thanks and good luck :)
> >
> > - All materials and programs copyrighted ©2000-2002 by Matthew T.
> > Ashland -
> >
> > - All rights reserved. -
> >
> >
> > ___________
>
> If this is the complete license text, well, I wonder where are the
> permissions hidden?
> Where's the permission to redistribute (DFSG#1)?
> Where's the permission to modify (DFSG#3)?
>
> This package seems to be legally *undistributable*!
I think this is actually released under the license now under the
monkeys audio SDK
> >
> > I am thinking this is an older license as http://supermmg.com does not
> > seem to be active.
>
> I don't know, but, as I said, if the Debian Project is relying on this
> old (non-)license to distribute a package, I think there are serious
> legal problems with this.
>
> >
> > So which section should the k3b plugin belong to and are there any
> > problems legally including this package in the distribution
>
> I see the majority of the issues in the codec, hence let's try and
> solve those first.
>
> Important disclaimers: IANAL, TINLA, IANADD, TINASOTODP.
>
I do not actually use ape files that the software encodes. I volunteered
a RFH from the packager of k3b. He has had requests to include the
plugin from Debian k3b users and has offered to sponsor it if I can
package it. So it is a good easy learning package for me, except for the
obscure license. I am just wondering if that first dodgy license would
make it in non-free.
--
Robin Heron <slambam@tpg.com.au>
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