Re: FWD: Analog licence violates DFSG
On Wed, Sep 13, 2000 at 12:16:08AM -0700, Joey Hess wrote:
> Brian Behlendorf wrote:
> > On Tue, 12 Sep 2000, Joey Hess wrote:
> > > 1.Any action which is illegal under international or local law is forbidden by
> > > this licence. Any such action is the sole responsibility of the person
> > > committing the action.
> > >
> > > This provision of the licence blatently violates section 6 of
> > > the DFSG which states:
> > >
> > > 6.No Discrimination Against Fields of Endeavor
> > > The license must not restrict anyone from making use of the program
> > > in a specific field of endeavor. For example, it may not restrict the
> > > program from being used in a business, or from being used for genetic
> > > research.
> >
> > I don't follow; maybe I'm just being dense, but section 1 seems like a
> > no-op to me, a cover-your-ass by the attorney who wrote it to cover
>
> I rather agree.
>
> It does seem that if you break the law using the software, you've set
> your self up for a legal double whammy -- a criminal trial and a
> license violation suit.
It restricts the software from being used for violent overthrow of the
government for example. It also forces people to follow otherwise unenforcable
and unenforced international laws (technically, the Constitution never
gave the UN any law making power, so as long as the U.S. is a soverign
nation, internation law is only binding so long as it's enforced by
a corresponding local law.)
--
David Starner - dstarner98@aasaa.ofe.org
http/ftp: dvdeug.dhis.org
And crawling, on the planet's face, some insects called the human race.
Lost in space, lost in time, and meaning.
-- RHPS
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