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nmap licensing claims


First of all, I would like to ask you to Cc: me to replies, as I am not
subscribed to the list. Thanks in advance!

Now, the reason I'm posting here is I've noticed the following claim
made by nmap developers [1]:

 in accordance with section 4 of the GPL, we hereby terminate SCO's
 rights to redistribute any versions of Nmap in any of their products,
 including (without limitation) OpenLinux, Skunkware, OpenServer, and

IANAL, but I see two issues with this.
First, nmap is distributed under the GPL. Section 4 of the GPL sates [2]:

 4.  You may not copy, modify, sublicense, or distribute the Program
 except as expressly provided under this License. Any attempt otherwise
 to copy, modify, sublicense or distribute the Program is void, and will
 automatically terminate your rights under this License. However, parties
 who have received copies, or rights, from you under this License will
 not have their licenses terminated so long as such parties remain in
 full compliance.

My understanding of that is that you're only allowed to use this program
as long as you comply with the GPL, which does not limit its
distribution or usage on certain platforms. Any such addendum would be a
new licence.

By browsing the GPL FAQ, I came across two sections, which, in short,
state that if you change the GPL, you must not use the name GPL [3] and
that you are not allowed to distribute a program under a different
licence than GPL, but have all modifications be GPL [4].

I am not sure if adding that claim means you've changed the GPL. If it
doesn't, then what I've said above is irrelevant and should be ignored.

The second problem is one that concerns Debian, namely, the DFSGiness of
that. It is, to me, clear, that it is not DFSG [5], since it violates 5

 1) Free Redistribution

 The license of a Debian component may not restrict any party from
 selling or giving away the software as a component of an aggregate
 software distribution containing programs from several different
 sources. The license may not require a royalty or other fee for such

 5) No Discrimination Against Persons or Groups

 The license must not discriminate against any person or group of

 6) No Discrimination Against Fields of Endeavor

 The license must not restrict anyone from making use of the program in
 a specific field of endeavor. For example, it may not restrict the
 program from being used in a business, or from being used for genetic

 8) License Must Not Be Specific to Debian

 The rights attached to the program must not depend on the program's
 being part of a Debian system. If the program is extracted from Debian
 and used or distributed without Debian but otherwise within the terms
 of the program's license, all parties to whom the program is
 redistributed should have the same rights as those that are granted in
 conjunction with the Debian system.

 9) License Must Not Contaminate Other Software

 The license must not place restrictions on other software that is
 distributed along with the licensed software. For example, the license
 must not insist that all other programs distributed on the same medium
 must be free software.

Now, my questions for you are:

1) Is nmap's licence GPL, or by adding that mention, they created a new
2) Is nmap DFSG compliant, and can be distributed in Debian?
3) Was I on crack when reading the above?

[1] - http://www.insecure.org/stf/Nmap-3.50-Release.html
[2] - http://www.gnu.org/licenses/gpl.html
[3] - http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL
[4] - http://www.gnu.org/licenses/gpl-faq.html#ReleaseNotOriginal
[5] - http://www.debian.org/social_contract#guidelines

Birzan George			Violence is the last refuge of
  Cristian			the incompetent -- Salvor Hardin

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