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Berkeley DB curious licensing practice



I don't quite see how this matter fits in to DFSG, or if it touches
on it at all, but Berkeley DB from Sleepycat has come up with a
curiosity that's new to me; they now state at
<URL:http://www.sleepycat.com/licensing.html>:

   The term "redistribution" in the Berkeley DB public license means
   your application is distributed to more than a single physical
   location. Installing copies of an application at different
   physical locations, whether they are customer sites or sites of a
   single organization, is redistribution.

   Examples of redistribution include:
	[...]
     * Building an application that you install on your company's
       servers in data centers around the world.

I.e. your right to use Berkeley DB for free for in-house projects is
cancelled, and you're obliged to pay them, if your in-house project
spans multiple physical sites within your company.

My gut feeling is that this is discriminatory in intent, it doesn't
have the flavour of DFSG, but I can't quite find anything explicit
to use to say that this should be grounds for moving Berkeley DB
into non-free.

-Bennett

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