On Thu, 18 May 2006 13:54:46 -0400 Nathanael Nerode wrote:
> I have just discovered that Bacula has a problematic clause in its
> license.
Thanks for pointing this terrific clause out.
>
> From
> http://bacula.cvs.sourceforge.net/bacula/bacula/LICENSE?revision=1.6.2.2&view=markup
>
> ----
> Termination for IP or Patent Action:
[...]
> ----
>
> This is an additional restriction beyond those in the GPL. Therefore
> this renders the license GPL-incompatible. Which is a major problem
> since other parts of Bacula are licensed under pure GPL. :-P
Indeed a major problem (and possibly a copyright violation, if those
pure-GPL'd parts are copyrighted by other people that didn't agree with
this "hyper-retaliation" clause).
>
> Furthermore, it may not be DFSG-free. I don't think debian-legal has
> decided on this.
My vote is "this does not comply with the DFSG".
> The key point here is that this clause retaliates
> against someone who sues *any* licensor of *any* GPL software, not
> just the licensors of Bacula. The really disturbing part is that
> this isn't restricted to patents, put refers to "an intellectual
> property right". This means that my license to use Bacula is revoked
> if I sue claiming that some GPL'ed work has included portions of my
> copyrighted code without permission, or claiming that some GPL'ed
> work has used my *trademark* unfairly and without permission.
Overly broad restriction: unacceptable.
>
> I suspect that this will not be considered a reasonable clause by most
> people on debian-legal.
Indeed.
> It effectively says "As long as you use
> Bacula, you grant everyone in the world the right to use any or your
> copyrighted work in any GPLed program, and you grant eveyone in the
> world the right to use your trademark as a name or advertisement for
> any GPLed program." This can't be what was intended.
>
> I suggest to Kern that he just drop this clause. It doesn't operate
> as intended and it causes problems.
Dropping the clause is the best resolution, no doubt about it.
> Hopefully a satisfactory
> patent-retaliation clause will be avaialbe in a future version of the
> GPL.
I don't know: I don't even know whether future versions of the GPL will
comply with the DFSG... :-(
--
:-( This Universe is buggy! Where's the Creator's BTS? ;-)
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