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Re: New CUPS license violates DFSG 6?



Scripsit Santiago Vila <sanvila@unex.es>

> >      Software that is developed by any person or entity for an Apple
> >      Operating System ("Apple OS-Developed Software"), including but not
> >      limited to Apple and third party printer drivers, filters, and
> >      backends for an Apple Operating System, that is linked to the CUPS
> >      imaging library or based on any sample filters or backends provided
> >      with CUPS shall not be considered to be a derivative work or
> >      collective work based on the CUPS program and is exempt from the
> >      mandatory source code release clauses of the GNU GPL.

> I agree that a license may exempt certain parties from some requirements,
> but not to the point of saying something which clearly is a derivative
> work is not (so I would say the wording should be improved here).

What they say is that "we (the upstream authors) promise to refrain
from claiming a copyright for ourselves on these kinds of derivations".
That is fine, and harms nobody.

Not that it does *not say* "if you add something to CUPS you may not
claim copyright for Apple software that is derived from your
additions". If they said that I'd say it bordered on being non-free
but that is not the case.

In the scenario

  1. The upstream authors U create the original software C
  2. I derive B from C.
  3. Apple derives A from B.

the upshot of the clause would be that upstream won't consider A to be
a derived work from C. However I'll still be free to consider A to be
a derived work from B (in which I have a legal copyright interest) and
so insist that Apple follow the unamended GPL terms when they copy
derivates of my code.

> This means if we mix CUPS code under the new GPL+exception license and
> ordinary GPL code, the result may only be distributed under the
> unmodified GPL or not distributed at all,

True.

> which means you can't send CUPS maintainers a GPLed patch anymore...

Actually one can. But upstream cannot *use* that patch without also
leaving their Apple exception. Which is not Debian's problem. If the
case arises in practise (i.e. that some popular enhancement is only
available as a GPL-only patch), that just means that the project has
effectively forked, and Debian will have to chose which of the
branches we'll continue distributing.

-- 
Henning Makholm      "Guldnålen er hvis man har en *bror* som er *datalog*."


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