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Re: Interpretation of the GR



Nathanael Nerode wrote:
> Glenn Maynard wrote:
>> On Wed, Mar 15, 2006 at 09:31:04PM -0500, Nathanael Nerode wrote:
>>> So the GR promotes a "do what I mean, not what I say" approach to
>>> license interpretation for the GFDL -- it does *not* claim that the
>>> literal reading of the DRM restriction is free.
>> But GRs don't get to say what licenses mean.

Right.

>>> trouble, but it seems to be the preferred choice of the developers.
>>> At least Debian still believes in removing stuff without free licenses
>>> from Debian if the licensors decide to actually enforce their licenses
>>> as written.
>> ... but at that point, it's too late.  Debian and/or its users may already
>> be liable.  Such a claim by a licensor would not be a guaranteed victory,
>> of course, but it does feel like Debian would genuinely be in the wrong.
> 
> Well, at least Debian and/or its users would only be liable for past
> uses.  :-P  Normally copyright holders send cease-and-desist letters before
> making claims.  So I guess it's fairly unlikely that anyone would actually
> sue or file charge without sending one first.
> 
> But I agree with you, it feels very much like Debian and/or its users would
> be in the wrong.  
> 
> I think it would be Debian in the GFDL case, because the copies stored on
> ftpmaster are rendered inaccessible to the general public, by means of
> technical measures.  Only the copies of those copies on the mirrors are
> accessible.
> 
> Actually, I'm surprised I didn't notice that before -- GFDL documents can't
> be legally distributed by Debian if you actually read what the license
> says.  They're *undistributable*.

Agreed.  There's absolutely nothing stopping developers from saying "OK,
fine, by the GR it's DFSG-free, whatever that means now; we still have
no legal right to distribute it unless we change our modes of
distribution to not violate the license".

- Josh Triplett

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