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Re: 'python-iview' legal/policy advice



"Scott Leggett" <scott@sl.id.au> writes:

> I am considering packaging an application known as 'python-iview'[1]
> (existing RFP[2]) and I wanted to get some legal/policy advice before
> filing an ITP.

Thank you for taking care with the thorny freedom issues around such a
program.

> 'python-iview' is an alternative to the ABC's flash-based front-end.
> The source code licensed under GPLv3

A good start.

> however I thought that there may be some issues with getting it into
> Debian:
>
> 1. Evading copyright restrictions.
>
> The FAQ[4] says:
>
> > ABC pays the owners of our content […] ABC is keen to support those
> > content makers and therefore does not license content to be
> > downloaded onto individual devices. Use of third party applications
> > that allow downloadable versions of ABC iview programs is therefore
> > unauthorised and not supported in any way.

It's somewhat ambiguous, but I think the above is carefully worded as an
advisory notice about the license *on the ABC streamed data*, not on
‘python-iview’.

In other words, I think this is not a restriction on the ‘python-iview’
work.

> python-iview uses rtmpdump to download the streaming video, and so 
> specifically violates the licence.

The ‘python-iview’ work doesn't violate the license; the user of that
program chooses to violate the ABC license when they direct it to
download data from ABC.

The license of the recipient in the ‘python-iview’ work is, AFAICT,
unaffected by this.

So that notice doesn't seem to make ‘python-iview’ non-free. Can it
access sites other than ABC, sites which allow such download? If so, I
think the above doesn't even count as a dependency on non-free works.

> 2. Geo-coding.
>
> Again, from the FAQ[4]:
>
> > ABC iview is geo-blocked, which means that you can't access the
> > programs from overseas. This is due to programming rights
> > management, which prevent us from making this content available in
> > markets other than Australia.
>
> The service, but not the software, discriminates based on IP address.
> For this reason the software is likely to be useful only to Australian
> Debian users.

That's not something which prevents the work being in Debian, AFAIK. As
an analogy, the fact that some works are illegal in some countries
doesn't stop them entering Debian.

> Advice on whether either of these points is likely to be a barrier to
> entry of this software into Debian would be greatly appreciated.

It's a very marginal case. I certainly advise you to seek qualified
legal advice (which you won't get from me, nor most members of this
forum). But I can't see anything that definitely prevents it from being
in Debian.

-- 
 \     “This world in arms is not spending money alone. It is spending |
  `\      the sweat of its laborers, the genius of its scientists, the |
_o__)           hopes of its children.” —Dwight Eisenhower, 1953-04-16 |
Ben Finney


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