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Re: Open Font License 1.1review2 - comments?



On Wed, 06 Dec 2006 11:21:05 +0000 MJ Ray wrote:

> Does the new draft available at
> http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL_review&_sc=1#db4033e4-5239a507
> let software follow the DFSG?
[...]
> the licence itself says:
[...]
> -----------------------------------------------------------
> SIL OPEN FONT LICENSE Version 1.1-review2 - 15 November 2006
> -----------------------------------------------------------
[...]
> 1) Neither the Font Software nor any of its individual components,
> in Original or Modified Versions, may be sold by itself.

This restriction does *not* fail the DFSG (because DFSG#1 only requires
that software can be sold as a part of an aggregate, which is allowed by
clause 2 below...), but is, well, moot.

I can prepare the following fantastic 2 byte long script:

  $ cat whoelse.sh
  w

and sell the Font Software bundled with my unique `whoelse.sh'.
Wow!  Now that's what is called "value-added software"!  ;-)

Hence, even if it's not a DFSG-freeness issue, I would suggest the
license drafter(s) to drop such a useless restriction.

> 
> 2) Original or Modified Versions of the Font Software may be bundled,
> redistributed and/or sold with any software, provided that each copy
> contains the above copyright notice and this license. [...]
>
> 3) No Modified Version of the Font Software may use the Reserved Font
> Name(s) unless explicit written permission is granted by the
> corresponding Copyright Holder. This restriction only applies to the
> primary font name as presented to the users.

IMO, this restriction fails the DFSG, because it's a restriction on
modification (DFSG#3) that goes beyond what is allowed by DFSG#4
(which, please remember, is already a compromise).

Actually, DFSG#4 states, in part:

| The license may require derived works to carry a different name or
| version number from the original software.

This means that forbidding derived works to carry the same name as the
original software is acceptable.
I believe that forbidding an unlimited and arbitrary list of Reserved
Font Names goes beyond and is *not* DFSG-free.

[...]
> 5) The Font Software, modified or unmodified, in part or in whole,
> must be distributed entirely under this license, and may not be
> distributed under any other license.

Does this interfere with dual licensing?

> The requirement for fonts to
> remain under this license does not apply to any document created
> using the Font Software.
[...]

As already pointed out by Andrew Donnellan, this is vague, as the word
"document" is never defined and has no unambiguous meaning.


-- 
But it is also tradition that times *must* and always
do change, my friend.   -- from _Coming to America_
..................................................... Francesco Poli .
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