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Re: wpoison, is it okay?



On Sun, Dec 16, 2001 at 12:50:54AM +0100, Robert Millan wrote:
> 27,30c27,34
> < #     software or any derivative or modified version thereof.  Also, the
> < #     official Wpoison logo itself must be include in an HTML hyperlink
> < #     so that any usser clicking on any part of the logo image will be
> < #     directed/linked to the Wpoison home page at:
> ---
> > #     software or any derivative or modified version thereof. Permission is
> > #     granted to redistribute the official Wpoison logo graphic in graphic
> > #     formats other than GIF, and to use them to comply with this statement
> > #     as long as the logo graphic does not suffer any modification.
> > #
> > #     Also, the official Wpoison logo itself must be include in an HTML
> > #     hyperlink so that any usser clicking on any part of the logo image 
> > #     will be directed/linked to the Wpoison home page at:
> 
> Please keep CC to 122929@bugs.debian.org

I find neither of these DFSG-free.

First of all, this sort of restriction is better accomplished through
trademark law than copyright law.

This license fails DFSG 3.

	Derived Works 

	The license must allow modifications and derived works, and must
	allow them to be distributed under the same terms as the license
	of the original software.

This license forbids me from modifying the Wpoison logo graphic, which
is presumably part of the package.

The license also forbids distribution of the Wpoison logo in any format
that doesn't support an HTML hyperlink.  Neither the GIF nor PNG
formats, nor any image file format with which I am familiar, supports
HTML linking *inside the image file format*.

Of course, that's not what the copyright holder means, but that's what
his license says.

This license fails DFSG 3 and I would recommend to the author that he
use the right tool for the job.  If he wants trademark protection in the
Wpoison logo, he should apply for it.  Of course, any party that
attempts to use laws other than copyright law to stop people from
exercising their freedoms under the DFSG risks having their software
dropped from Debian or moved to an archive server where such harassment
is less feasible (for instance, U.S. crypto export regulations).

-- 
G. Branden Robinson                |
Debian GNU/Linux                   |           If ignorance is bliss,
branden@debian.org                 |           is omniscience hell?
http://people.debian.org/~branden/ |

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