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Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free



luther@debian.org wrote:
>>On Sat, Jul 17, 2004 at 03:40:54AM +0200, Sven Luther wrote:
>>>>reasonable.  We've asked many software authors to do similar things in the
>>>>past, with very frequent success, and less laughter and anger than you
>>>>seem to think.
>>>
>>>Yes, but it is by no means reason enough to declare the QPL non-free.
>>
>>I didn't claim that it was, so this statement isn't relevant.
> 
> 
> Ok, so everything is fine, and there is no reason to change the licence, nor
> to remove ocaml from the sarge release at the last minute.
> 
> 
>>>>Why do you think such a suggestion would be ridiculed in this case?  I
>>>
>>>Because, in my case at least, the upstream authors chose the QPL after
>>>long discutions, because they are interested in their properties. The
>>>ocaml upstream authors are a research team in the french inria, which is
>>>a state institute, so the academic world and not some evil corporation
>>>or something. They want to be able to provide ocaml under other licence
>>>to users who request it in order to get more founding to be able to hire
>>>more developers, since after all they are but a bunch of people, and can
>>>not do everything. Also they are mostly interested in a licence which
>>>doesn't cause them problems, and legal issues are more a trouble to
>>>them, as it is too me, than some kind of recreation, as it is for most
>>>of you here. In this light and knowing the history of the licence
>>>change of ocaml, from the original non-free licence (source only patch
>>>only distribution of modifications possible), i can assure you that they
>>>will find it ridicoulous at best, and be irritated or angry at worst to
>>>a "Use the GPL" kind of solution.
>>
>>I'm sorry you assume that everyone's immediate response to these issues
>>will be ridicule and anger.  It simply hasn't been my experience.  (However,
>>my experience with you is that your immediate response to these issues is
>>ridicule and anger, which gives me some understanding of why you would
>>assume others will behave similarly.)
> 
> 
> Hey, did you read what i said ? I have been in the discussion with upstream
> about this issue since 6 years now, and even RMS contributed to that
> discussion, and claimed the current licence was ok (Well, he suggested the
> LGPL + exception for the runtime libraries, in a way that mirrors how the gcc
> package does it). As thus, if i go with ridicoulous arguments to upstream,
> then i will be either laughed at, or no longer considered as a valid
> discussion partner on this issue, in both case i loose whatever influence i
> have with upstream about this issue, which i don't want to. And not only have
> i not read valid argumentation, my counter-arguments where ignored, as was my
> asking for people in this discussion to CC me as i have some trouble following
> debian-legal, not being subscribed to it.
> 
A> If upstream chose this licence it was after years of discussion and
thinking,
> not a spur of the moment/follow trolltech's lead kind of decision like you are
> implying. And by taking that kind of implications you somehow belittle the
> capacity of understanding licences from upstream, and dismiss all the
> discussion that lead to the current state of things. And i can assure you that
> the current situation is much nicer than the patch only, no modified binary
> distribution that we used to have before.
> 
> 
>>"Use the GPL" is a reasonable suggestion to most users of the QPL, since
>>many people who use the QPL were following TrollTech's lead, and most of
>>those people have since followed it further and dual-licensed under the
>>GPL.  You're saying that this is an exception to that: people who are
>>using the QPL on its own merits, and not simply because TrollTech did
> 
> 
> Yep, and i believe that the Apple licence, the NPL and many other such ones
> have similar properties. Why are we not picking on them ? 

The APSL was found to be non-free (see thread starting at
http://lists.debian.org/debian-legal/2004/06/msg00545.html), and as far
as I know there is no software solely under the NPL in Debian, so it is
not relevant.

>>>Also, one of the clauses you have problems with, the "court of venue",
>>>if waived, might limit their possibilities to defend against people not
>>>respecting the licence, and since one of their problematic is for big
>>>corporation including their changes in java or other such bytecode
>>>running languages (think C# and a corporation known for stealing code),
>>>this may be quite reasonable.
>>
>>Then please calm down, stop expressing your fear of ridicule, and argue
>>this position.
> 
> I did, nobody even bothered to respond. 

Defense is much less of a problem than attack.  A license that said "if
you sue us, you must do so in this jurisdiction" would be far less
problematic (and Free in several people's opinions including my own)
than a license that says "we can sue you and you must come to this
jurisdiction to defend yourself".  (See
http://lists.debian.org/debian-legal/2004/07/msg00197.html and replies.)

- Josh Triplett

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