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Re: discussion with the FSF: GPLv3, GFDL, Nexenta

On Mon, Jun 04, 2007 at 01:40:17AM +0200, Wouter Verhelst wrote:
> > You're *not* giving up the right not to distribute any source, because
> > you can always refrain from distributing the corresponding binaries and
> > have no obligation to provide source.

> > You're *not* giving up the right to distribute binaries without
> > distributing the corresponding source, because, without a license, you
> > would not have the right to distribute binaries in the first place (with
> > or without source).

> > By accepting the GPL, you instead gain the right to distribute binaries
> > with source, and you simply do *not* gain the right to distribute
> > binaries without source.

> Similarly, by accepting the CDDL, you are not giving up the right to
> choose a venue in case you get sued over the software

It is a freedom that I have by default; if I accept the CDDL I no longer
have that freedom[1].  Therefore it is a freedom that I'm giving up.

> instead, you are simply gaining the right to use, modify, and redistribute
> the software under a given set of rules (which simply does not include
> "the right to choose a court in which to settle disagreements"). That is
> what matters, and that is what makes the software free.

No.  The GPL grants certain additional, limited rights without taking away
any rights that I already have.  The CDDL grants certain additional, limited
rights *in exchange for* me giving up a right that I have.

> Even if my argument would be flawed (which I don't think it is, but just
> in case), that wouldn't even matter. What matters is that DFSG#1 talks
> about "a royalty or other fee"--i.e. money--not "giving up rights"; and
> any interpretation of the text that says it does talk about giving up
> rights is incorrect to begin with.

Great, I'll start working on the Indentured Servitude Public License; I
trust I can count on your support when it comes time for NEW processing.

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
vorlon@debian.org                                   http://www.debian.org/

[1] Technically, not the right to "choose a venue", but the right to not be
sued in a venue where I have no legal presence.

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