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Re: DFSG analysis of default LDP license



On Tue, 2003-05-13 at 02:41, Branden Robinson wrote:
> Colin Watson helpfully provided this information in a recent mail:

>            4. The location of the original unmodified document be
>               identified.

> I feel that this clause might be problematic in a way that clauses 1, 2,
> and 3 would not be, in that the information in 1, 2, and 3 cannot become
> false over time.

First, it doesn't have to be a network location. So I think we could
distribute as original + patches; the location we'd point to would be
the .orig file in the pool.

>         5) applicable, non-redundant disclaimers of endorsement [3]

That's not compelled speech --- I can always remove it (and often have
to, if I change the document) if I disapprove of it.

> I recommend dropping this clause.
> 
>            5. The original author's (or authors') name(s) may not be used
>               to assert or imply endorsement of the resulting document
>               without the original author's (or authors') permission.

I don't think it's so critical it be dropped; I think it just restates
what the law already does. If modified a work to include hateful
propaganda, and didn't make it clear that is not the original author's
opinion, I'd be in trouble for defamation.

E.g., 

(36pt) Some Document
[ illustration, blank space, whatever ]
(16pt) by J. Hacker
(9pt) with modifications by others

and then putting all those others in the full copyright statement in 8pt
type is likely to still be defamation.


> BECAUSE THE CONTENT OF THE WORK IS FREELY MODIFIABLE BY ALL THIRD
> PARTIES, THERE IS NO WARRANTY THAT ANY REPRESENTATIONS MADE WITH IN ARE
> MADE BY, ON BEHALF OF, OR WITH THE CONSENT OF THE AUTHOR(S) OR COPYRIGHT
> HOLDER(S).  ANY STATEMENTS MADE WITHIN THE WORK ARE NOT NECESSARILY
> HELD, SHARED, OR ENDORSED BY THE AUTHOR(S) OR COPYRIGHT HOLDER(S).

Not many end-users of a published book will read that. It won't much
save someone's reputation. The only way this works is if its very close
to the places where the authors' names are mentioned.

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