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Re: DFSG-freeness of Apache Software Licenses



On Thu, 13 Nov 2003, Glenn Maynard wrote:
> The GPL says "if you violate this license, this license is revoked".
> The proposed license says (roughly) "if you sue us, this license is
> revoked".  How is one a use restriction and the other not?

The GPL doesn't concern itself with useage. You can use a GPLed piece
of software no matter what you have done, even if you've violated the
license.[1] What it restricts is your ability to copy, modify, and
distribute the work.

In the second case, if the license purports to involve useage, which
(for example) the Apache Software Licenses do, a revocable license is
a useage restriction.

[Just for clarity, if the GPL did not include section 0, section 4
would be a useage restriction, assuming you agreed that the GPL
controlled use of the software.]

>> Furthermore, they should only restrict modification, copying, and
>> distribution when it serves a clear and present goal of improving the
>> freedom of software itself.
> 
> It's easy to argue that the patent-related terms here do that (or
> might with improved phrasing).  It's difficult to say whether it
> outweighs the restrictions, since the side-effects of the
> restrictions aren't obvious to me.

I'd be happy with the patent related terms if we got rid of the
reciprocity portion of it. That's my main concern with that section.

The only argument I've seen so far for the reciprocity section is that
companies might be unwilling to grant the work such a license without
it... I personally don't see this any different having a reciprocity
section involving copyright instead of patents.


Don Armstrong

1: For instance, SCO can continue to use GPLed works in doing their
business, etc.
-- 
Dropping non-free would set us back at least, what, 300 packages?  It'd take  
MONTHS to make up the difference, and meanwhile Debian users will be fleeing
to SLACKWARE.

And what about SHAREHOLDER VALUE? 
 -- Matt Zimmerman in <gYuD3D.A.ayC.nGB39@murphy>

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

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