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Re: Please pass judgement on X-Oz licence: free or nay?



On Sun, 2004-08-08 at 17:44, Branden Robinson wrote:
> On Wed, Aug 04, 2004 at 02:33:16PM -0500, Joe Wreschnig wrote:
> > Now, that just means it *was* consensus. If it is no longer consensus
> > (and it better not be), we need to look at how such an egregious mistake
> > happened, and how we can prevent it from happening again.
> 
> On Wed, Aug 04, 2004 at 03:15:26PM -0500, Joe Wreschnig wrote:
> > The summary I linked to was about reworked X-Oz license, which is
> > clearly GPL-incompatible and probably non-free. However, clause 4
> > criticized in the summary is identical to a clause in the license that
> > started this thread, and all the other X licenses, and very similar to
> > the 3-clause BSD license.
> 
> You seem to be overlooking the fact that the main reason I objected to the
> compelled-advertising clause in the X-Oz license was that we could not
> determine what it *meant* according to the licensor

I am not discussing the compelled-advertising clause, but rather the
"lack of publicity" clause; see the discussion that spawned this thread.

>  We asked them, and in
> response, their representative promised replies and failed to deliver, and
> indulged in digressions on Heideggerian existentialism.

I remember that discussion well, actually. It happened in March. I agree
it was pretty useless digression into unnecessary philosophy by the end,
as the X-Oz folks refused to actually answer anything.
http://lists.debian.org/debian-legal/2004/03/msg00021.html

But your objection to the clause was voiced in February, and resulted in
the February-published analysis of the X-Oz license referring to that
clause as non-free.
http://lists.debian.org/debian-legal/2004/02/msg00162.html

Now, I can infer one of three things:

1. You had off-list contact with the X-Oz people before the license was
analyzed here on -legal, and did not communicate their non-standard
interpretation of that clause back to us for the summary.

2. You can travel through time, and went back to prepare the summary
with the knowledge that X-Oz had weird license interpretations.

3. You are confusing the order in which events happened (I suppose this
is not really in conflict with the above).

I suppose 1) is possible, but I find 3) most likely.

> I don't see why you consider this determination to be an "egregious
> mistake".  I don't know what business we have declaring licenses whose
> terms we don't understand as DFSG-free.

Clause 4 -- which you declared non-free in that thread *before* public
conversations with X-Oz, and Brian declared non-free at the start of
this thread -- is identical to that used in the existing X license. I
agree that non-standard interpretations of common clauses can result in
a license being non-free (c.f. pine), but I don't find any evidence that
that was the case when the X-Oz license summary was published.

I suspect that summary is where Brian drew his conclusion that the
license that started this thread was non-free.

I stand by my statement that the X-Oz license summary as currently
published is an "egregious mistake".
-- 
Joe Wreschnig <piman@debian.org>

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