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Re: Is this "license" DFSG free?



On Wed, Sep 30, 1998 at 02:32:31PM +1000, Craig Sanders wrote:
> On Tue, 29 Sep 1998, Jeff Noxon wrote:
> 
> > Background: I'm packaging an assembler and programmer for Atmel's AVR
> > microcontroller chips.  I wanted to put the assembler include files in
> > the package.  These files do not include a copyright notice.
> >
> > I've attached my correspondence with Atmel.
> >
> > If this is OK, do I include this correspondence in the package?
> >
> > Thanks for any pointers,
> 
> i think it is non-free because it doesn't allow anyone to charge a fee
> for the files. this violates paragraph 1 of the DFSG. and possibly para
> 6. and maybe para 9.
> 
> practically, it probably makes little or no difference. but by my
> reading of policy, it fails the DFSG test so has to go in non-free.

[DFSG says]
>    1. Free Redistribution
>       The license of a Debian component may not restrict any party from
>       selling or giving away the software as a component of an aggregate
>       software distribution containing programs from several different
>       sources. The license may not require a royalty or other fee for
>       such sale.

The way I read these paragraphs, nothing is violated.  Particularly
paragraph 1:

Atmel said we're free to redistribute their stuff as part of the
aggregate distribution, and we can give it away separately but not sell it
separately.  It does not require royalties or fees.  The only restrictions
were on sale or modification.  These restrictions also seem to meet DFSG.

They are allowing modifications and derived works.  They require the file
headers to be changed to avoid confusing them with the official version.
This is allowed.

The files can be used in free software.   Indeed, they are the equivalent
of C include files.  No discrimination is made.

I believe their intent is clear.  Their lack of an official license is
somewhat disappointing, but perhaps their web page will clear that up
next week.  I think I'll include these in my package, but wait until
the official verbage is available on their web site before I upload.

... Unless anyone can point out something that I've missed.

Thanks

Jeff


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