Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

[Matthew Garrett <mgarrett@chiark.greenend.org.uk>]

Michael Poole <mdpoole@troilus.org> wrote:

> Saying that choice of venue is free seems no different than saying
> "You agree to not use this software in connection with the production
> of nuclear energy" or "You agree to not use this software for any
> military purpose" is free -- all are waivers of a course of action
> that the user has in the absence of that license.  After all, just
> like choice of venue, those only have any effect in the realm of
> litigation!

No. Those are restrictions on use, which are explicitly forbidden in
DFSG 6 ("The license must not restrict anyone from making use of the
program in a specific field of endeavor."). Choice of venue is not, and
so isn't. That's a pretty obvious difference.

> These facts are irrelevant.  Users have the freedom to install (or not
> install) database software with a license that prohibits them from
> publishing benchmark results.  That restriction still makes such
> software ineligible as for inclusion in Debian.  We cannot protect
> people from being sued, but we can protect people from waiving their
> normal statutory rights.

When there's no conflict between that waiving and the user's ability to
engage in the four essential freedoms, then why not?
-- 
Matthew Garrett | mjg59-chiark.mail.debian.legal@srcf.ucam.org