[Scummvm-devel] BADA / Wave S8500 port

[David Given]

Chris Warren-Smith wrote:
[...]
>         11.1 You retain copyright and any other rights you already
> hold in Content which you submit, post or display on or through, the
> Services. By submitting, posting or displaying the content you give
> Samsung a perpetual, irrevocable, worldwide, royalty-free, and
> non-exclusive license to reproduce, adapt, modify, translate,
> digitize, publish, publicly perform, publicly display and distribute
> any Content which you submit, post or display on or through, the
> Services.

Is this a GPL conflict? The GPL allows redistribution only under certain
conditions, i.e. the offer of source. While the version on the Bada shop
could have an offer of source with it, do you also have to agree that
Samsung is allowed to modify ScummVM by removing the offer of source?

[...]
>     9.2 The Application is your own original work and does not violate
> any Samsung or third-party intellectual property rights, and you have
> obtained any and all consents, approvals or licenses (including
> written consents of third parties where applicable) required for you
> to submit and license your Application under this Agreement and for
> your Application to access any Internet-based services, if any, to
> which the Application enables access.

Who owns the copyright on ScummVM? Is there copyright assignment, or are
all modifications owned by their authors? If the latter, then I don't
think this is meetable. (There's actually several clauses throughout the
license that assert that you, as the shop submitter, are the copyright
holder for the application.)

[...]
>     9.12 You agree to defend, indemnify and hold harmless Samsung and
> its affiliated companies from and against any and all third party
> claims and all liabilities assessments, losses, costs or damages
> resulting from or arising out of your breach of the Terms, this
> section 9 and/or misuse of the Services by a third party where such
> misuse was caused in whole or in part by your failure to take
> reasonable measures to protect your username and passwords against
> misuse.
(Also 11.4.D.)

And I think this flat out conflicts with GPL section 12: "IN NO EVENT
UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES..." etc.
(Capitals theirs. Note that the GPL's 'you' is Samsung, in this case.)

OTOH there is a section in the Samsung license which explicitly mentions
open source software, 9.3, so I dunno. There's no mention of *Samsung's*
responsibility in redistributing open source software...

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