Limited Freeware License question

[Chuck Swiger]

On Jan 15, 2008, at 4:13 PM, Dmitry Marakasov wrote:
> I want to port a game which requires data released under Limited
> Freeware License
>
> (http://liberatedgames.org/licenses/Limited_Freeware_License.txt)
>
> ---
> The owner of this software reserves all rights granted by copyright.
> However, the owner grants the following rights to users:
>
> 1) The right to make personal copies of the software.
> 2) The right to distribute the software for free (at no cost) to other
> users.
>
> No further rights are granted or should be assumed. This includes, but
> is not limited to, the right to create derivative works.
> ---

OK, this is a fairly classic restrictive freeware license.

> The question is: does FreeBSD port fall under `derivative work'?

So long as you do not need to make any patches to the software, no.

> I.e. may the data files be installed by it (or should I ask users
> to download files themselves instead) and may the package of such
> a port be created?  Port does not modify any datafiles, it just needs
> to download zip and install them to ${DATADIR}.


The following section of the Porter's Handbook describes the variables  
you should set to comply with this license:

   http://www.freebsd.org/doc/en_US.ISO8859-1/books/porters-handbook/porting-restrictions.html

You should definitely set NO_CDROM and probably NO_PACKAGE, as  
creating a package would be making a derivative work.  However, you  
might consider asking the authors of this software for additional  
permission....

Regards,
-- 
-Chuck