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Re: EULAs and the DFSG

On Wed, Dec 04, 2002 at 12:33:34PM -0800, Mark Rafn wrote:
> On Wed, 4 Dec 2002, Edmund GRIMLEY EVANS wrote:
> > I'm trying to think of a vaguely plausible use for an EULA with free
> > software ...
> I tried very hard last time this issue came up and failed to find any 
> where the software would still be considered free and the EULA had 
> any effect at all.
> > Suppose you want to force people to publish the source when they use
> > the software to drive a publicly accessible web server.
> I think it would be unfree, and probably even undistributable by Debian in
> non-free (we're not going to require an EULA to receive a package from a
> mirror).  Still, I'd be interested to see such a license, there are times
> I think it may be appropriate and preferable to a completely proprietary 
> license.
> > you can't enforce it with a pure copyright licence like the GPL because
> > using the software in a web server is not an activity that requires
> > permission from the copyright holder.
> This is the main problem with such a desire.  If it's not doable with a
> pure copyright license, DFSG 7 is gonna be a problem.  "The rights
> attached to the program must apply to all to whom the program is
> redistributed without the need for execution of an additional license by
> those parties."
> And if it's doable with a pure copyright license, the EULA is unnecessary.

How about this one:

Gnomovision version 69, Copyright (C) 2002  James R. Hacker
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
Click agree to accept this license and the lack of warranty.
Click decline to not use, copy or distribute this software.

(Note that this message is required by GPL clause 2c).
(admitted, I added the Click lines myself for clarity, but the important
thing is GPL 2c and the first four lines).

Or this one:

                  Welcome to Debian GNU/Linux 3.0!

This is the Debian Rescue disk. Keep it once you have installed your system, 
as you can boot from it to repair the system on your hard disk if that ever
becomes necessary (press <F3> for details).

On most systems, you can go ahead and press <ENTER> to begin installation.
You will probably want to try doing that before you try anything else.  If 
you run into trouble or if you already have questions, press <F1> for 
quick installation help.

WARNING: You should completely back up all of your hard disks before
    proceeding. The installation procedure can completely and irreversibly
    erase them! If you haven't made backups yet, remove the rescue disk 
    from the drive and press <RESET> or <Control-Alt-Del> to get back to
    your old system.

Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent 
permitted by applicable law. For copyright information, press <F10>.

This disk uses the Linux kernel __kernel_version__

Press <F1> for help, or <ENTER> to boot.

And if you press F10:


Copyright (C) 1993-2002 Software in the Public Interest, and others.

The Debian GNU/Linux system is freely redistributable.  You may find
a few programs distributed with Debian in directories named "non-free"
that are not freely redistributable, but none of these are critical
components of the system. After installation, the exact distribution 
terms for each program are described in the corresponding file

Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent
permitted by applicable law.

Press <ENTER> or type boot method, arguments, and <ENTER> to boot.
Press function key <F1> for the help index.

This message is hastily written, please ignore any unpleasant wordings,
do not consider it a binding commitment, even if its phrasing may
indicate so. Its contents may be deliberately or accidentally untrue.
Trademarks and other things belong to their owners, if any.

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