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Re: A possible approach in 'solving' the FDL problem



On Wed, Aug 13, 2003 at 08:48:04AM -0400, Joe Moore wrote:
> Josselin Mouette said:
> > Le mer 13/08/2003 ? 14:20, Sergey Spiridonov a ?crit :
> >> Yes, encrypted system will be a problem if I will try to sell
> >> encrypted  FDL books, so that one can read, but not copy or modify his
> >> copy.
> >
> > That was probably the intention, but the wording makes it unclear.
> >
> > However, everything depends on how the *software* author (not the
> > license author) reads it. Without explicit clarification from the
> > author of the FDL'ed stuff, the licensing is non-free.
> 
> Even with explicit clarification from the author, a license that depends on
> the "free" interpretation by the author fails the DFSG "Tentacles of Evil"
> test.
> If the author/copyright holder can change his interpretation (without
> changing the license or the work licensed) and make the work non-free, then
> the work is not free.

They can't change a statement they made that "Yes, I consider this
acceptable under this license" retroactively, since there are no
termination/modification clauses in the license. They can do so for
new releases of the software only - which is effectively changing the
license.

Now, if the license *did* have termination or modification clauses in
it, then we do indeed have this problem.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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