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Re: QPL clause 3 is not DFSG-free

On Sat, Mar 15, 2003 at 03:01:44PM -0800, Thomas Bushnell, BSG wrote:
> Branden Robinson <branden@debian.org> writes:
> >  3. You may make modifications to the Software and distribute your
> >     modifications, in a form that is separate from the Software, such as
> >                    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >     patches.  The following restrictions apply to modifications:
> > 
> > This restricts modifications to separate patch files.  Furthermore,
> > these restrictions attach to the mere act of modification, and not
> > to distribution of modifications (or a modified version of the
> > work).
> I think the condition applies only to distribution.

Well, I don't think it does, necessarily.

Clause 2 of the QPL says, "You may copy and distribute the Software

Clause 4 of the QPL says, "You may distribute machine-executable forms
of the Software or machine-executable forms of modified versions of the
Software, provided..."

Clause 5 of the QPL says, "You may use the original or modified versions
of the Software..."

Clause 6 of the QPL says, "You may develop application programs,
reusable components and other software items that link with the original
or modified versions of the Software..."

Clause 3 says, however, "The following restrictions apply to
modifications", not "The following restrictions apply to modifications
you distribute".

Now, maybe the latter is what Trolltech *means*, but it's not what the
license *says*.  When we've got representatives of the FSF asserting
that there is no fair use right to private modification because of the
_Texaco_ case, I'd say the safe bet is to:

1) get clarification from the licensor; and
2) get the license clarified and ensure that it respects the fair use
right to private modification.

G. Branden Robinson                |     Life is what happens to you while
Debian GNU/Linux                   |     you're busy making other plans.
branden@debian.org                 |     -- John Lennon
http://people.debian.org/~branden/ |

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