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Can I Distribute This?
erikharrison asks: "LormaLinux is one of several emerging desktop oriented Linux distros. It comes prepackaged with the Flash Plugin, Real Player, and Yahoo IM. Is this legal? The Flash EUL agreement does allow free redistribution, but only of the Mac and Windows version, I can't seem to find a EULA for Linux version of Real Player, and can't even find the Linux version of YIM to check for licence issues. Do these distros know something I don't? And if not, am I only going to cause grief if I go to the software OEM and ask for a redistributable licence for my own project?"
Instead of asking slashdot, I suggest asking the vedors of the software
one wants to include. Much better that way. Makes sense also..
Check: http://ruslug.rutgers.edu/macromedia/
" This is the official mirror system of Macromedia Linux packages.
With permission from Macromedia we take their software and package
it in Linux friendly ways (RPM, DEB, ebuild). These packages are
made available for manual download, apt-get, urpmi, or emerge.
Macromedia's EULA forbids repackaging and/or redistribution of
their software so please do not mirror this repository.
Please point your apt-get or urpmi to one of these official
mirrors of this site, as they will be permanent."
Apparently you can either try to ask MM for another exception, or you can make your distribution download the packages from this site. It's maintained by Warren Togami of Fedora.us-fame.
Real Player
You might want to ask the folks at helixsupport.org, and read the licenses over there.
Yahoo IM
When you go to messenger.yahoo.com, click on Unix and check the RPM you see that the license is "proprietary". You can contact them at messenger-unix-support@yahoo-inc.com, maybe they can give you more info.
As for the distributions which include it, like Lycoris, I suppose they've all gotten permission from the authors/owners of this products.
1 people are even allowed to copy and distribute copyright material in most cases, noone cares about copying records and cds onto cassete tapes for friends. Noone worries about people recording tv shows onto vhs.
Because in several jurisdictions, there is explicit legal permission to do so. In any case, did you miss the whole "Home taping is killing music" thing?
2 Copyright isnt even criminal law, its civil. The police dont actually care.
In many jurisdictions, distributing copyrighted material for financial gain (even if it only copies the cost of the media) is criminal.
3 Fair use
Is a mostly US concept. Various parts of the world have no fair use provisions at all.
I think if somethings freely downloadable, its pretty safe to assume its ok to pass it on.
A-ha ha ha. No.
Maybe this is a stupid question, but why not use one of the GPL'd IM clients that works with Yahoo? It's one less headache.
If you don't have a license that specificly says you can redistrubute, you can't! "Redistribution" is basicly publishing, and so it would be covered by basic copyright law.
Under capitalism man exploits man. Under communism it's the other way around.
Additional info on fair use
The "fair use" doctrine likely wouldn's apply regardless. Fair use exceptions don't provide for re-distribution in total, but for excerpted redestribution in support of educational and academic goals. Furthermore, fair use can not apply where it would likely diminish the commercial value of the original work.
As an example, say you were writing a book on cinematography. You could create a companion DVD containing 1 or 2 minute snippets of films demonstrating the techniques that you describe in your book. The fact that you are distributing 90 seconds of a 100 minute film is unlikely to damage the film's owner in any meaningful way.
You could not, however, redistribute the entire film, or even a substantial portion of it.
Since all of these things are 'net based, why don't you make a script that grabs these packages and seamlessly installs them?
The user will probably never know the difference, and the companies can't complain.
The biggest issue will be a license clickthrough before running the script.
1. Unless stated otherwise, you aren't allowed to copy a copyrighted work!
2. But it says copyrighted!
Yes, the right of making copies granted to the author.
And now, you wouldn't blatantly copy a book giving away free copies. Why would you do otherwise with software.
So, unless clearly stated, you can't redistribute any copyrighted work.