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POV-Ray 3.7 beta in experimental, but non-redistributable



POV-Ray 3.7 beta is available from povray.org as compiled binaries for Microsoft 
Windows, and as source code tarballs. It's the first time the developers make 
source code available during beta development (usually there were only binaries 
available until the final release). However, the betas still have a different 
license from the one used in final releases; it's the standard POV-Ray license 
plus several *strict* restrictions specific to betas.

Today I found that POV-Ray 3.7 is packaged in experimental:
http://packages.debian.org/experimental/povray

It's also patched to disable the beta expiration:
http://patch-
tracker.debian.org/patch/series/view/povray/1:3.7.0~beta29-1/80_beta.diff

This seems to violate the beta license in *every possible way*. Here are the 
restrictions, taken from one of the source files from the upstream source tarball:

 * NOTICE
 *
 * This file is part of a BETA-TEST version of POV-Ray version 3.7. It is not
 * final code. Use of this source file is governed by both the standard POV-Ray
 * licences referred to in the copyright header block above this notice, and the
 * following additional restrictions numbered 1 through 4 below:
 *
 *   1. This source file may not be re-distributed without the written permission
 *      of Persistence of Vision Raytracer Pty. Ltd.
 *
 *   2. This notice may not be altered or removed.
 *   
 *   3. Binaries generated from this source file by individuals for their own
 *      personal use may not be re-distributed without the written permission
 *      of Persistence of Vision Raytracer Pty. Ltd. Such personal-use binaries
 *      are not required to have a timeout, and thus permission is granted in
 *      these circumstances only to disable the timeout code contained within
 *      the beta software.
 *   
 *   4. Binaries generated from this source file for use within an organizational
 *      unit (such as, but not limited to, a company or university) may not be
 *      distributed beyond the local organizational unit in which they were made,
 *      unless written permission is obtained from Persistence of Vision Raytracer
 *      Pty. Ltd. Additionally, the timeout code implemented within the beta may
 *      not be disabled or otherwise bypassed in any manner.

The Debian package is redistributing entire source code of POV-Ray 3.7, available 
through packages.debian.org website and "apt-get source -texperimental povray". 
This violates clause 1.

The extra license restrictions for 3.7 betas are not present in 
/usr/share/doc/povray, which *I think* may violate clause 2. 

The Debian package disables the beta timeout code, which is only allowed for 
personal use (according to clause 3), not for wider distribution.

In addition, I don't think a Linux distribution counts as an "organizational unit" 
as mentioned in clause 4; therefore Debian wouldn't be allowed to redistribute 3.7 
betas at all.

I have asked in POV-Ray newsgroups about this today, but got no answer yet (not 
like I expected an answer so fast there). I will forward this message to 
povray.beta-test.

-- 
Nicolas

(I read mailing lists through Gmane. Please don't Cc me on replies; it makes me 
get one message on my newsreader and another on email.)


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