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Re: PHP-Nuke License Conclusion?

On Sun, May 04, 2003 at 04:44:39PM -0500, Steve Langasek wrote:
> The copyright holder of a work is free to license the work under the
> terms of his choosing.  Although the PHP-Nuke author has stated the work
> is under the GPL, he imposes the additional restriction (one which we
> believe is NOT part of the GPL normally) to display credits on every web
> page output by the software.  As such, the consensus on debian-legal is
> that PHP-Nuke does not comply with the DFSG and should not be included
> in Debian's main archive.

This point should probably be clarified.  The reason PHP-Nuke was
regarded as non-DFSG-free was because the author's additional
restriction created, in our opinion, a license that was impossible to
satisfy.  Sections 6 and 7 of the GNU GPL say:

  6.  Each time you redistribute the Program (or any work based on the
  Program), the recipient automatically receives a license from the
  original licensor to copy, distribute or modify the Program subject to
  these terms and conditions. You may not impose any further
  restrictions on the recipients' exercise of the rights granted herein.
  You are not responsible for enforcing compliance by third parties to
  this License.

  7. If, as a consequence of a court judgment or allegation of patent
  infringement or for any other reason (not limited to patent issues),
  conditions are imposed on you (whether by court order, agreement or
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License. If you cannot
  distribute so as to satisfy simultaneously your obligations under this
  License and any other pertinent obligations, then as a consequence you
  may not distribute the Program at all.

Debian interprets "this License" and "herein" to mean the conditions of
the GNU GPL expressed in its text; no more and no less.  We interpreted
the PHP-Nuke author's additional restriction as just that, with the
consequences you'd expect from the above.  In our assessment, PHP-Nuke
isn't licensed to the public at all (as far as we can tell), and we
cannot distribute it -- even in our "non-free" archive.

G. Branden Robinson                |    Build a fire for a man, and he'll
Debian GNU/Linux                   |    be warm for a day.  Set a man on
branden@debian.org                 |    fire, and he'll be warm for the
http://people.debian.org/~branden/ |    rest of his life. - Terry Pratchett

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