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Re: W3 software license



Branden Robinson wrote:
> On Thu, Jul 29, 2004 at 08:57:23PM -0700, Josh Triplett wrote:
> 
>>Evan Prodromou wrote:
>>
>>>The license looks OK to me, with the possible exception that it says
>>>"obtaining, using and/or copying this work" implies acceptance of the
>>>license.
>>
>>That isn't a problem in and of itself; it often indicates the presence
>>of non-free usage restriction terms, but no such terms appear to be
>>present in this license.
> 
> I disagree.  I think it sets a bad precedent to wave such language into a
> list of licenses we accept as DFSG-free without at least asking the
> upstream authors to remove this wording.
> 
> The exclusive rights granted to authors and their transferees under
> copyright law attach regardless of the "acceptance" of those terms by third
> parties.  Witness the fact that one can be sued for copyright infringement
> even if one has never dealt with, or even heard of, the person or
> corporation who holds a given copyright.
> 
> A license is a license, not a contract.
> 
> IMO it would be best to at least contact the upstream authors and make this
> request.

I agree that such language should be strongly discouraged, and that the
authors should be contacted and requested to remove the language, but I
do not believe it should render the license non-DFSG-free unless there
are in fact use restrictions in the license.

- Josh Triplett

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