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Re: Is the OSL DFSG free?



* Andrew Suffield <asuffield@debian.org> [2003-09-03 09:50]:
> On Tue, Sep 02, 2003 at 08:46:52PM +0200, Gerfried Fuchs wrote:
>> * Andrew Suffield <asuffield@debian.org> [2003-09-02 18:46]:
>> > In its ultimate form, the MIT/X11 license is "non-free" because it
>> > discriminates against people trying to sell the software.
>> 
>>  Thats one of the reason why we put software that is "for non-commercial
>> use only" into non-free. Your point was?
> 
> That this is not one of the reasons why we put software that is "for
> non-commercial use only" into non-free.

 Yes, misinterpreted that, sorry.

> DFSG#5 and #6 are rarely used. Most of the time, you really want to be
> looking at #1, including for "non-commercial use only" licenses.

 Well, I don't know which part of the MIT/X11 license you are aiming it,
but if you say it discriminates people trying to sell the software it
would violate #1 then, right?

    The license of a Debian component may not restrict any party from selling
    or giving away the software ...

> Trying to apply #5 outside the scope of things like "This program may
> only be used by white american males" will usually lead to nonsensical
> results - like declaring the MIT/X11 license non-free.

 You might be right, but I see no reason for to believe that #5 has a
specific scope only.  The thing is, the OSL says "if you sue us, you are
not allowed to use our software *or* _ANY OTHER_ software licensed under
the OSL". This fails with #9 (no impact on other software) at least,
IMNSHO.

 I can honestly understand the reasoning behind this, to be able to
address software patents in a nifty way, but still it violates the DFSG,
doesn't it?

 It's because I've read about the OSL and that many linux kernel
developers seem to prefer it over the GPL and though about taking a look
at it and maybe switching my own projects over to OSL, but if it isn't
clear that it might pass the DFSG then I don't have to waste the time to
contact my contributors.

 So long,
Alfie
-- 
<morgoth> jeder is ma unfähig, ich hoffe nur das das bald aufhört
<weasel> morgoth: das legt sie nie, glaubs mir
 * weasel spricht da aus eigener erfahrung
                                  -- #debian.de

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