HurricanGame / Hurrican

Freeware jump and shoot game created by Poke53280, based on the Turrican game series by Manfred Trenz
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Conflicting licenses #77

Open absolutelynothinghere opened 6 months ago

absolutelynothinghere commented 6 months ago

In the root of the repo, the LICENSE file is for the MIT license, however the Hurrican/readme.txt file states:

1.2 Enduser license agreement

This program is freeware and may be used for free by anyone. All content is copyright by the author (poke53280). You may not sell this program. It may be freely distributed and offered for download as long as all original content remains included and unmodified and a reference to the author is given.

For distribution on any data storage medium, a written permission of the author is required. Please contact information@poke53280.de for further information.

Poke53280 can not be made responsible for any damage that is caused by this installer or the program itself.

These are two conflicting licenses, and what's worse is that the second is not a free software license at all.

DavidBruchmann commented 6 months ago

Actually the word unmodified might even forbid any changes of existing files. While I never assume that Poke53280 is against any improvements and further development, his words state otherwise.
On the site https://www.winterworks.de/project/hurrican/ it seems though that this repository is known and development accepted.

drfiemost commented 6 months ago

The other readme in the root states:

You can take everything contained within this archive and do with it whatever you find appropriate (as long as you don't charge any money for it):

  • modify it
  • learn from it
  • laugh about it
  • use it to port the game to other platforms
  • fix bugs :D
  • release your own game

[...]

If you plan to use assets from the game in a COMMERCIAL release, please contact me at info@eiswuxe.de

It would be nice if you could give some credit to Poke53280 if you choose to use anything contained within this archive in your own releases. But it's not necessary. [...]

so yes, it looks like it's not MIT compatible. Maybe someone should try to get in contact with eiswuxe, and pickle136, and find an agreement on the license or point them to this discussion?

Mia75owo commented 6 months ago

I can send this in the Winter works discord so maybe Eiswuxe will respond to this.

drfiemost commented 6 months ago

Oh, I did add the MIT license due to this line:

https://github.com/HurricanGame/Hurrican/blob/2c5596b2fa242eb3ad7eebe7cdbf81b3586678bb/README.txt#L27C1-L28C1

Not sure where Pickle got this from though.

Anyway the original Enduser license agreement refers to the binary package distributed before Eiswuxe released the code so I think we can consider it superseded by what's in the other readme.

Pickle commented 3 months ago

what i remember the original source drop had a odd license. I think the intent was that Eiswuxe didnt want someone making money off their work. And you found my line to attempt to deal with it, so for any changes I made to the original source could fall under the original license, but the completely new files I put under the MIT (i had exisiting source already under the MIT) feel free to reach out for any questions.

drfiemost commented 3 months ago

Thanks for the clarification @Pickle, removed the license accordingly