Re: Linux Macromedia Flash plugin

["STeve Andre'" <andres_(_at_)_msu_(_dot_)_edu>]

On Sunday 25 January 2004 12:20 am, Jolan Luff wrote:
> On Sat, Jan 24, 2004 at 06:57:24PM +0100, Robert Nagy wrote:
> > Hi. Here is a port for Macromedia's flash player plugin.
> > I have not found any licence restrictions that does not allow
> > port creaton, and because it works fine with Opera and Netscape
> > I think it is good to have a port. The ports installs the plugin
> > to ${LOCALBASE}/lib/flash. You need to add this path to Opera's
> > & Netscape's plugin search path. And they will find it.
>
> from http://www.macromedia.com/shockwave/download/license/desktop/:
>
> 2. License Grants
>
>    a. You may install and use the Software on a single desktop computer
> that has a Windows PC operating system (including desktop PC versions of
> Windows 95, 98, 2000, NT, ME and XP (Home and Professional), a Macintosh
> desktop operating system, a Linux desktop operating system, or a Solaris
> desktop operating system; provided, however, that, notwithstanding
> anything contrary contained herein, you may not use the Software on any
> non-PC product or any embedded or device versions of the above operating
> systems, including, but not limited to, mobile devices, internet
> appliances, set top boxes (STB), handhelds, PDAs, phones, web pads,
> tablets, game consoles, TVs, DVDs, gaming machines, home automation
> systems, kiosks or any other consumer electronics devices or
> mobile/cable/satellite/television or closed system based service. A
> license for the Software may not be shared, installed or used
> concurrently on different computers.
>
> So, OpenBSD is not granted a license.  Of course, it's running under
> Linux emulation, which may not qualify as a "Linux desktop operating
> system".  But Linux is just a kernel anyway...
>
> Oh, and:
>
> 3. License Restrictions
>
>    a. You may not make or distribute copies of the Software, or
> electronically transfer the Software from one computer to another or
> over a network.
>
> I violate the license just by fetching the port, since my distfiles are
> stored on another computer via NFS.
>
> 9. (Outside of the USA) Consumer End Users Only
>
> The limitations or exclusions of warranties and liability contained in
> this EULA do not affect or prejudice the statutory rights of a consumer,
> i.e., a person acquiring goods otherwise than in the course of a
> business.
>
> The limitations or exclusions of warranties, remedies or liability
> contained in this EULA shall apply to you only to the extent such
> limitations or exclusions are permitted under the laws of the
> jurisdiction where you are located.
>
> Maybe I should just move...
>
> Since it's probably legal to download and run in saner countries, this
> probably could go into ports with FETCH_MANUALLY.  But I don't think
> we should really be advocating the use of such restricted software. 
> Anyone else have input on this?

This is just bizarre enough that I'm going to take it upon myself and
send them mail about this.

I see what they're doing: they want to control the software such that
it isn''t used in an embeded system without their getting a share of the
action.  This legal language isn't designed to not let people run flash
on their computers--far from it, as they want to be the standard.
Look at the specific language, "...you may not use the Software on any
non-PC product or any embedded...".  OpenBSD i386 is not a 'non
PC product'.  I do not believe that there is a problem running flash
under Linux emulation.  License part 3a is simply insane.  A Windows
user seemingly violates the agreement just by getting a copy.  Clearly,
they have laywers who understand very little about computers.

I agree that Flash could only be included using the fetch_manually
system, as things stand now.   Grrrr.

--STeve Andre'