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Re: DRAFT: debian-legal summary of the QPL



Matthew Garrett wrote:
> Josh Triplett <josh.trip@verizon.net> wrote:
>>Matthew Garrett wrote:
>>>Copyleft is merely one facet of free software, but it's notable that it
>>>/does/ restrict user's freedoms (the freedom to distribute without
>>>source) in order to ensure that other users are free to receive source.
>>>The QPL restricts the freedom to distribute amongst a subset of the
>>>population in order to ensure that those modifications can be received
>>>by all.
>>
>>http://www.gnu.org/philosophy/freedom-or-power.html
> 
> Which links to a page that says "It is also acceptable for the license
> to require that, if you have distributed a modified version and a
> previous developer asks for a copy of it, you must send one."

Yes, I know.  I don't agree with all views of the FSF.  I do agree with
the essay I linked to.

The FSF's views on requirements to send modifications upstream are very
unclear and inconsistently expressed.  On the one hand,
http://www.gnu.org/philosophy/free-sw.html says that such requirements
are acceptable.  On the other hand,
http://www.gnu.org/philosophy/historical-apsl.html condemns such
requirements.  I have also read that RMS specifically removed such a
requirement when creating the GPL from the original GNU Emacs license,
due to concerns about the privacy of other developers.

>>>No, since undistributed modification is protected by fair use in many
>>>places. Attempting to restrict something that's commonly legal would be
>>>outside the bounds of a free license.
>>
>>"We can't restrict that anyway" doesn't really explain _why_ we choose
>>to allow modifications private to one person, but not modifications
>>private to two people.  "It's the law" is an appeal to authority, and
>>not a particularly good authority even. (<cough>DMCA</cough>)
> 
> There's a strong feeling that people should be allowed to do what they
> want if it doesn't involve other people. Private undistributed
> modification falls within this. Distribution, on the other hand,
> is something that is of interest to the original developer. When
> multiple people are involved, there's a belief that they should both
> consent to what's going on.

Not sure I understand the last sentence; when multiple people are
involved, *those people* would all consent to what's going on.

- Josh Triplett

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