Re: DRAFT: debian-legal summary of the QPL

[Sven Luther <sven.luther@wanadoo.fr>]

On Mon, Jul 19, 2004 at 12:00:17PM -0400, Brian Thomas Sniffen wrote:
> luther@debian.org writes:
> 
> >>>> I wouldn't consider a license free if it said, for example, "if you modify
> >>>>this program you must add your name to this wiki page as soon as possible".
> >>>>It wouldn't fail the desert island test ("as soon as possible" might easily
> >>>>mean "never") but it would fail the dissident test.
> >>>
> >>> But the QPL also fails the dissident test, and has a much less onerous
> >>> requirement than the "Add your name to a wiki" license.
> >>
> >>It's a much more onerous requirement: it has the same effect, that you
> >>must contact the original author, who then gets to do what he wants
> >
> > Hey, no, you are wrong on this. The original author has to contact you first,
> > with the request. And i don't buy the idea of a generic call for patches,
> > since nobody can prove that you indeed received that request (think about a TV
> > less dissident, or a guy on a desert island :). And anyway, first upstream
> > need to learn of the patch, which he wouldn't do if the dissident didn't
> > broadly distribute its changes.
> 
> He doesn't need to learn of the patch first in the case of the generic
> call.  Additionally, the idea is not to help users get away with as

Well, i am somehow doubtfull that sucha generic call is legally binding, so
your point is moot. How can upstream guarantee that the modifier did receive
the call and convince the judge of it ?

> much as possible.  It is desirable that users be able to do the right
> thing, abide by the wishes of authors completely, and still have
> freedom with respect to the software.

Yeah, whatever, and you are the holder of the only true way, right ? 

> So we can't just suggest that users pretend they never heard the
> generic call for patches, or the invocation of a termination clause.

Well, sure we can. And before you disagree, i encourage you to make some legal
research, if basic common-sense doesn't apply to you.

Friendly,

Sven Luther