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Re: TrueCrypt License 2.3



Le mercredi 16 janvier 2008 à 14:55 +0000, MJ Ray a écrit :
> > We have allowed exactly the same conditions by using software with
> > trademarked names.
> 
> Where?  The naming rights asserted above seem much broader than what a
> trademark allows.  Trademarks have many limitations.

If we have named Firefux the modified version of Firefox, I doubt the
Mozilla foundation would have let that pass.

> > In fact, upstream is wrong for putting such
> > restrictions in the license itself instead of the trademark policy, but
> > the net effect is exactly the same as that of the Firefox trademark.
> 
> Didn't we have to change the name to avoid the Firefox trademark+copyright
> combo-knockout?

Indeed, but not all upstreams have such stupid trademark licensing
schemes. See Apache for a good example.

> > > > 1. You may not use, modify, reproduce, derive from, (re)distribute, or
> > > > sublicense This Product, or portion(s) thereof, except as expressly provided
> > > > under this License. [...]
> > > This is non-free, as explained by Ken Arromdee in
> > > http://lists.debian.org/debian-legal/2008/01/msg00132.html
> > 
> > Please get out of your US-centric world.
> 
> Does it matter whether it is non-free only for France or only for the
> US?  Doesn't that mere difference make it fail DFSG 5?

I don’t think so. The fact that it doesn’t grant some of the rights that
are usually applicable in the US but not somewhere else doesn’t make the
license in itself non-free. It has been argued several times that DFSG#5
is here to make the software free for everyone. If it is more free for
some groups of persons than for others, good for them. For a similar
example, the GPL with an additional permission for snowboarders to
integrate the software in their proprietary developments would not fail
the test.

> I've not studied the liability debate here, but none of the above responses
> seem to have merit.  They're also unnecessarily you-you-you.  Did Francesco
> Poli run over Josselin Mouette's cat?

Huh? Who’s trying to make things personal?

-- 
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: :' :      We are debian.org. Lower your prices, surrender your code.
`. `'       We will add your hardware and software distinctiveness to
  `-        our own. Resistance is futile.

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