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Re: A simple mistake (was Re: Should we ship KDE in hamm?)



Hi,
>>"Oliver" == Oliver Elphick <olly@lfix.co.uk> writes:

 Oliver> Marcus Brinkmann wrote:
 >> The Bern convention explicitely says, that if you have not a licence for it,
 >> it is FORBIDDEN.
 >> This is a matter of fact.


 Oliver> I don't dispute it.  The point is that if a licence is
 Oliver> self-contradictory an English court will attempt to interpret
 Oliver> what was meant.  It will make as little change as possible to
 Oliver> the actual wording in order to accomplish what it believes to
 Oliver> the intention of the licensor.  It will almost certainly not
 Oliver> accept that a meaningless licence is meant to be
 Oliver> meaningless. [This is by analogy with practice in Contract
 Oliver> cases.]

	I fail to see how it is relevant. Where do you see a
 meaningless license? The KDE people have given the right to
 distribute the code under the terms of the GPL. If you can't satisfy
 the GPL, no rights are given. What is meaningless about it? Seems
 pretty straghtforward.

	Of course, the GPL requires that everything needed to build
 the KDE code, including interface definitions, be also distributed
 under the GPL. (Still pretty meaningful). We, however, do not have
 the right to distribute the interface definitions which are part of
 Qt under the GPL, so we can't distribute KDE binaries (this, gains,
 succeeds in being meaningfull).

	As to libraries, the intent is that the program be usefull,
 and that means that anything required to make the program work on the
 system should be freely available. Whether that means static linking,
 dynamic linking, telepathy, hyperlinking, is incidental; the GPL is
 trying to ensure the program shall work on a users box, that the
 program sources are not held for ransom (ok, so I stretched the last
 bit), that the source is available so it can be fixed, and the fixes
 distributed back to the community.

	The English (british?) court should look at that when
 deterining the intents of the licensor (why else whould they
 have used the GPL?)

	manoj

-- 
 Death carries off a man busy picking flowers with an besotted mind,
 like a great flood does a sleeping village. 47
Manoj Srivastava  <srivasta@acm.org> <http://www.datasync.com/%7Esrivasta/>
Key C7261095 fingerprint = CB D9 F4 12 68 07 E4 05  CC 2D 27 12 1D F5 E8 6E


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