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Graf Zahl
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Which part of the added clauses are incompatible?

Old Post 12-21-12 17:34 #
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fraggle
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Posts: 7775
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Quasar said:
Actually the code is not GPLv3 at all.

Good catch; thanks for pointing this out. Here are the additions, for reference.


Graf Zahl said:
Which part of the added clauses are incompatible?

I don't want to speculate too much because it would be better to let someone more knowledgeable comment on these matters. But from a brief skim reading this part looks like it might be dubious:


You must reproduce faithfully
all trademark, copyright and other proprietary and legal notices on any copies
of the Program or any other required author attributions.


Looks like it probably conflicts with Section 10:

You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License.

Old Post 12-21-12 17:42 #
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Gez
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More precisely:

ADDITIONAL TERMS APPLICABLE TO THE Doom 3 BFG Edition GPL Source Code.

The following additional terms ("Additional Terms") supplement and modify
the GNU General Public License, Version 3 ("GPL") applicable to the Doom 3
BFG Edition GPL Source Code ("Doom 3 BFG Edition Source Code"). In addition
to the terms and conditions of the GPL, the Doom 3 BFG Edition Source Code is
subject to the further restrictions below.

1. Replacement of Section 15. Section 15 of the GPL shall be deleted in its
entirety and replaced with the following:


"15. Disclaimer of Warranty.

THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY. THE PROGRAM IS BEING
DELIVERED OR MADE AVAILABLE "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR
REPRESENTATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION."

2. Replacement of Section 16. Section 16 of the GPL shall be deleted in its
entirety and replaced with the following:


"16. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS AFFILIATES, OR ANY
OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, FOR ANY
DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER DEALINGS WITH
THE PROGRAM(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER OR NOT ANY COPYRIGHT
HOLDER OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER
OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN."

3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN. You must reproduce faithfully
all trademark, copyright and other proprietary and legal notices on any copies
of the Program or any other required author attributions. This license does
not grant you rights to use any copyright holder or any other party’s name,
logo, or trademarks. Neither the name of the copyright holder or its
affiliates, or any other party who modifies and/or conveys the Program may be
used to endorse or promote products derived from this software without
specific prior written permission. The origin of the Program must not be
misrepresented; you must not claim that you wrote the original Program.

Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original Program.

4. INDEMNIFICATION. IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY RECIPIENT
OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR THAT COVERED WORK,
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER LICENSORS
AND AUTHORS OF THAT COVERED WORK FOR ANY DAMAEGS, DEMANDS, CLAIMS, LOSSES,
CAUSES OF ACTION, LAWSUITS, JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS' FEES AND EXPENSES) OR ANY OTHER LIABLITY ARISING FROM,
RELATED TO OR IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.



Comparing the 15 and 16, we see this:

(Removed sections stricken, added sections in italics between brackets)


THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE
THE PROGRAM [IS PROVIDED] "AS IS" WITHOUT [ANY] WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO [WITHOUT LIMITATION],
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE [, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY. THE PROGRAM IS BEING DELIVERED OR MADE AVAILABLE "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR REPRESENTATION]. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.


IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL
[UNDER NO CIRCUMSTANCES SHALL] ANY COPYRIGHT HOLDER [OR ITS AFFILIATES], OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU [WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,] FOR [ANY] DAMAGES [ OR OTHER LIABILITY], INCLUDING ANY
GENERAL, [DIRECT, INDIRECT,] SPECIAL, INCIDENTAL OR CONSEQUENTIAL [OR PUNITIVE] DAMAGES ARISING [FROM,] OUT OF [OR IN CONNECTION WITH] THE
USE OR INABILITY TO USE THE PROGRAM [OR OTHER DEALINGS WITH
THE PROGRAM]
(INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES
[WHETHER OR NOT ANY COPYRIGHT
HOLDER OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER
OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN]
.


To my non-lawyerly eyes, these changes seem to be of the "we're covering our asses even more" variety. Removing any mention of applicable laws that could contradict their disclaimers, and adding a bunch more situations that could possibly be theorized to exist in which ZeniMax's legal team would have to earn their keep to the list of things that are disclaimed.

Old Post 12-21-12 17:48 #
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fraggle
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I've fired off a message to licensing@fsf.org to ask whether this is considered a free license and/or is compatible with the normal GPLv3.

Old Post 12-21-12 17:52 #
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myk
volveré y seré millones


Posts: 15226
Registered: 04-02



Gez said:
They've fixed that map's name so it is no longer something on which to put your coat when you're not using it.
Considering all the monster closets in the map, you can't say they fixed it!

Hanger is also the name in the graphics and there's no reason they'd just use the same name as E1M1. I always thought it would have sounded better if they had used some of those hanging corpse sprites in the level, but I don't think there are any in there.


printz said:
If Ultimate Doom were 1.09, then yeah, 1.10 would have been good.
The Ultimate DOOM should have been v1.10, if anything, since it changed things in respect to the already existing v1.9. DOOM v1.9 is indeed the same as v1.09 (with "1" and "09" marking the version in the engine), just assume they didn't want to type the 0 in, like then you type -warp 1 instead of -warp 01, which both work.

Old Post 12-21-12 18:15 #
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chungy
Senior Member


Posts: 1907
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fraggle said:
I've fired off a message to licensing@fsf.org to ask whether this is considered a free license and/or is compatible with the normal GPLv3.

Awesome, I'm interested in knowing what they'll say. Perhaps the OSI and Debian (with the DFSG) would provide their own insights, but I'm not sure about bothering Debian unless you plan on packaging it and figuring out if it'll go in contrib or non-free (actually considering the precedent with Mozilla software being rebranded, Debian might not mind so much).

FWIW, I don't view the changed terms as being much of a problem, except maybe for integrating with other GPLv3 projects. I imagine, as well, that if the FSF and OSI call it non-free or non-open source, that John Carmack may be able to pull his weight around and get the terms changed. His intention is clearly not to inhibit anyone.

Last edited by chungy on 12-21-12 at 21:49

Old Post 12-21-12 19:17 #
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Quasar
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Posts: 6124
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The same license term changes were made when the iPhone Doom Classic source was re-released with the newest modifications. I'm a bit surprised nobody noticed it then.

Especially considering the fact that port contains some of our code. I don't really see where id/Zenimax derive the right to take any of our code and add these extra terms to it. I have roughly 700 lines of code in that codebase and I certainly never agreed to the addition of those terms to it. Nor did fraggle, cph, fschulze, entryway, or the dozen other odd contributors to PrBoom.

Old Post 12-22-12 03:03 #
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Blzut3
Member


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I'm interested in the fsf response as well, but I will say from what I can tell the extra terms is just extra disclaimers and trademark protection. Really the only extra term I see in there is that you can't call the derivative work "Doom Classic." The rest of the restrictions look no different than if something like BSD code is mixed.

Old Post 12-22-12 03:35 #
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printz
CRAZY DUMB ZEALOT


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chungy said:
FWIW, I don't view the changed terms as being much of a problem, except maybe for integrating with other GPLv3 projects.

Yeah well, that is a big part.

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Old Post 12-22-12 07:01 #
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chungy
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If it's indeed incompatible; as Blzut3 said, it's not really out of the spirit of the original license in the first place. If it is compatible with standard GPLv3, then it's no big deal and you just have to put up with the altered conditions.

Old Post 12-22-12 09:44 #
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fraggle
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Here's the response from licensing@fsf.org:



The GPLv3 permits certain supplemental terms as outlined in Sec. 7. Looking over the added terms on DOOM, they each seem to correspond to one of the outlined additional terms permitted by Sec. 7. They shouldn't cause any particular problem, they are meant to address issues outside the scope of copyright (such as liability and use of names for publicity purposes). Thank you for your time, and I hope this helps.

Old Post 12-22-12 19:16 #
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printz
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Cool, good do know we're all alright.

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Old Post 12-23-12 15:00 #
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Quasar
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Guess their lawyers are smarter than I gave them credit for ;)

Old Post 12-23-12 15:06 #
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