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Re: The Helixcommunity RPSL is not DFSG-free



Thomas Bushnell, BSG writes:
 > In general, contract law, nor license interpretation, which basically
 > proceeds along the same lines, does not accept "tried really hard" as
 > satisfying the terms of the contract.  

If a contract is ambiguous, then a court of law will go outside the
contract to attempt to interpret what the parties to the contract
*really* meant.  In this case, the RPSL doesn't cover the case of
having absolutely no possibility of publishing your modifications to
the entire world.

So, you put on your judge's hat and tell me: what do you think Real
meant to require of people in that case?  I, for my part, have already
done that, and come to the conclusion that Real desires that you
publish it as widely as you are able.  On a desert island with only
you and someone else, by giving it to that other party, you have
published it, or "tried really hard".  Sorry for trying to be too
succinct.

-- 
-russ nelson              http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



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