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Bug#662923: GPL linking exception for fheroes2?

Hi team,

After working on another game I realised that FHeroes2 may be suitable for 
non-free despite seemingly conflicting licensing.

Upstream licensed his work as GPL-2+ however game AI is licensed under "non-
commercial license" prohibiting commercial exploitation.

Obviously game looses most of its value if built without AI so I want to build 
it with AI. 

Some time ago I asked about this situation here and the obvious licensing 
conflict was indeed pointed out: GPL prohibit linking GPL code with code 
licensed under GPL-incompatible licenses (like non-commercial licenses).

Recently I learned that whenever such conflict identified between software 
components other projects ask for linking exceptions from copyright holders of 
GPL components.

In FHeroes2 case upstream himself licensed one part of his software as GPL-2+ 
and another as GPL-incompatible license. However this situation is really an 
unspoken GPL linking exception as both components developed by the same party 
are meant to be used together not to mention the fact that upstream distribute 
the binaries with AI built-in.

Upstream do not explicitly mention GPL linking exception but he obviously (de-
facto) granted himself such exception. 
Is it also enough for us or do *we* need an explicit linking exception to 
distribute FHeroes2 binaries (including AI) in non-free?

Of course controversial linking will have to be clarified in debian/copyright 
and we will have to obey both GPL-2+ and "non-commercial" restrictions.

See also:


Any comments please?

 Dmitry Smirnov
 GPG key : 4096R/53968D1B

What can be asserted without proof can be dismissed without proof. 
		 (Christopher Hitchens, 2004)

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