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Re: OSD && DFSG - different purposes - constructive suggestion!

On Mon, 10 Mar 2003, Anthony Towns wrote:
> If you want the possible term defined more precisely, consider
> something more like:
> 	"If you have distributed a modified version of The Work, then
>	 if you receive a request by the Primary Copyright Holder
>	 (named above), you must provide a copy of your modifications
>	 as at the time you receive the request, at cost, to the
>	 Primary Copyright Holder."

Unfortunatly, this clause has the "distribution" versus "deployment"
problem, and thus fails to close the ASP loophole.

Furthermore, the clause doesn't distinguish between "your
modifications" and the "modified version" you are distributing. This
could allow the following interpretation:

   I distribute modification set A which I didn't even develop.

   I generate modification set B which I've merged with proprietary
   code, or code under NDA, or any other form of non-freely
   distributable code.

   The Primary Copyright Holder requires from me modification set B in
   accordance with the license, even though I haven't distributed that

Assuming this problem was cleared up, there is still yet another

   I'm an anarchist dissident (who runs RaiseTheFist), and for reasons
   known only to me, I have altered a web based forum to encode
   messages to other dissidents in the source code of the forum
   software itself. The PCH knows that I am using his software, and
   requests the modifications for cost. Now the PCH can recover all of
   the messages I've been sending to other dissidents.

It seems to me that compulsory provision of source code to people to
whom the modified version has not been distributed, or are not in the
distribution path, is wrought with danger. 

Don't get me wrong, I dislike the idea of seeing GPLed code utilized
in ASP where there is little to no contribution of modifications to
the community, but perhaps we should concentrate on using social
pressure against those who would avoid distributing source versus
legal pressure?

Don Armstrong

N: It's a ploy.
B: What?
N: This drug money funds terror, it's a ploy.
B: Ploy?
N: A manipulation. I mean why should I believe that?"
B: Because it's a fact."
N: Fact?"
B: F, A, C, T... fact"
N: So you're saying that I should believe it because it's true. 
   That's your argument?
B: It IS true.
-- "Ploy" http://www.mediacampaign.org/multimedia/Ploy.MPG


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