Re: OSD && DFSG convergence

[Richard Braakman <dark@xs4all.nl>]

On Mon, Jan 27, 2003 at 02:18:10PM -0500, Russell Nelson wrote:
>     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.
>
[...] 
> 
>     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.

I think you're trying to have it both ways here.  If the license
stipulates a need to "acquire affirmative agreement
with the license" as a condition of distribution, then that's a
restriction on giving away the software.  If the license allows
free distribution but specifies that the software must acquire
this agreement when it's run, then that's a restriction on
distribution of derived works.

In other words, a click-wrap license may be able to meet these
guidelines individually, but not both at once.

Richard Braakman