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Re: OSD && DFSG convergence



Henning Makholm writes:
 > A licence that enforces a click-wrap fails to grant the
 > freedom of redistibution and modification that is explicitly required
 > by the DFSG.

What term of the DFSG says this?  Should we go through the DFSG point
by point?

    Free Redistribution

    The license of a Debian component may not restrict any party from
    selling or giving away the software as a component of an aggregate
    software distribution containing programs from several different
    sources. The license may not require a royalty or other fee for
    such sale.
    
Nothing in this prevents a license from requiring click-wrap.

    Source Code

    The program must include source code, and must allow distribution
    in source code as well as compiled form.

Nothing in this prevents a license from requiring click-wrap.

    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.

Nothing in this prevents a license from requiring click-wrap.  You can
modify the software as much as you want.  When you distribute the
software, the terms of the license require that you acquire
affirmative agreement with the license.  Same terms.

    Integrity of The Author's Source Code

    The license may restrict source-code from being distributed in
    modified form _only_ if the license allows the distribution of
    "patch files" with the source code for the purpose of modifying
    the program at build time. The license must explicitly permit
    distribution of software built from modified source code. The
    license may require derived works to carry a different name or
    version number from the original software. (This is a
    compromise. The Debian group encourages all authors not to
    restrict any files, source or binary, from being modified.)

Nothing in this prevents a license from requiring click-wrap.

    No Discrimination Against Persons or Groups

    The license must not discriminate against any person or group of
    persons.

Nothing in this prevents a license from requiring click-wrap.  You
could stretch this, as one peson suggested.  If you do that, then you
can say that the GPL discriminates against companies trying to sell
software.

    No Discrimination Against Fields of Endeavor

    The license must not restrict anyone from making use of the
    program in a specific field of endeavor. For example, it may not
    restrict the program from being used in a business, or from being
    used for genetic research.

Nothing in this prevents a license from requiring click-wrap.  No
field of endeavor prevents someone from executing a license by
clicking "I agree".

    Distribution of License

    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.

Nothing in this prevents a license from requiring click-wrap.  You're
executing the license itself, not an additional license.

    License Must Not Be Specific to Debian

    The rights attached to the program must not depend on the
    program's being part of a Debian system. If the program is
    extracted from Debian and used or distributed without Debian but
    otherwise within the terms of the program's license, all parties
    to whom the program is redistributed should have the same rights
    as those that are granted in conjunction with the Debian system.

Nothing in this prevents a license from requiring click-wrap.

    License Must Not Contaminate Other Software

    The license must not place restrictions on other software that is
    distributed along with the licensed software. For example, the
    license must not insist that all other programs distributed on the
    same medium must be free software. 

Nothing in this prevents a license from requiring click-wrap.

-- 
-russ nelson              http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



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