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Re: GPL compatibility of DFCL



Woops -- sent this to Branden rather than the list at first.

Branden Robinson <branden@debian.org> writes:

> The GNU GPL is not fairy dust.  You cannot sprinkle it over a work that
> is under some other license, and change that license.  You cannot
> sprinkle it over a work that is in the public domain, and take that work
> out of the public domain.

Certainly not.

I don't know the law here, so I'm not going to try to discuss this on
the basis of what's legal vs what's not.  But I think that at the very
least you're violating a principle of least surprise here -- which,
especially in the case of a license, is a very Bad Thing.

While it's true that (for example) public domain code doesn't become
GPL when it's included in a GPL'd work, it's also true that the
recipient of such a combination can simply assume "If the GPL let's me
do something, I can do that with this work."  My understanding has
always been that this is because the GPL does not permit added
restrictions above & beyond its own.  The discussion to this point has
led me to question this understanding.[1]

But whether this is legally ok is not really the point.  People are
going to be surprised, confused, upset, etc., when they're bit by
this.  That's a bad thing, and so if it's at all possible it should be
avoided.

[1] A work that contains both GPL'd and DFCL'd content *does* in fact
have an extra condition, namely:

     * If you remove portion X (the gpl'd code) from this work the
       resultant work is bound by the DFCL's added restrictions (e.g.,
       you must include the endorsements section).

-- 
Jeremy Hankins <nowan@nowan.org>
PGP fingerprint: 748F 4D16 538E 75D6 8333  9E10 D212 B5ED 37D0 0A03

-- 
Jeremy Hankins <nowan@nowan.org>
PGP fingerprint: 748F 4D16 538E 75D6 8333  9E10 D212 B5ED 37D0 0A03


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