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Referencing the DFSG [Re: DRAFT summary of the OPL; feedback requested]



On Wed, 10 Mar 2004, Jeremy Hankins wrote:
> Don Armstrong <don@donarmstrong.com> writes:
>
> The interesting part of the claim in a summary isn't that
> restrictions on modifying make a license non-free, but that the
> license restricts modifying.  The summary doesn't describe the DFSG,
> it describes the license.

Obviously. But in describing a specific case, it's rather trivial to
say "This section restricts modification (DFSG §3)." This allows
others reading your arguments to recognize their foundations.

> You think that the sections of the DFSG provide a useful taxonomy of
> non-free licenses?

In some circumstances, yes. By seeing which clauses of the DFSG are in
violation, it becomes much easier for our ftp-masters to see if there
is something in the license that would restrict the work from being
able to even be redistributed in non-free, as an example.

Additionally, it helps others who are attempting to interpret the DFSG
to see licenses which have preiviously failed sections of it and
understand the line between Free and non-free.

> That would be very surprising, as I don't believe it was written
> with that in mind.

Works often end up in more than the role they were designed for.

> I guess we'd have to do a survey of licenses in order to have hard
> data to support or deny this idea.  But my sense (based on my
> experience reading d-l) is that useful categories of license tend to
> be largely orthogonal to the way the DFSG is split into sections.
> Licenses don't tend to neatly and simply fail some section of the
> DFSG.

No, they usually tend to fail multiple sections, and get all sorts of
things wrong, some of which aren't even included in the DFSG.

> I think that the idea that the DFSG neatly and simply captures the
> ways that licenses can be non-free is very much tied to the idea
> that the DFSG could be used as a definition.

Obviously. But we're not talking about "capturing" here. If your
contention that a license is not free is based upon the DFSG, it
should state so.

> > There are licenses which violate specific sections of the DFSG. We
> > can use that information to compare licenses and become better at
> > interpreting the clauses of the DFSG in an appropriate manner.
> 
> Can you give an example, or provide more detail? 

When I'm examining licenses that have a strange set of wording, and
seem to fail a particular portion of the DFSG, I often want to go back
and look through the discussion of other licenses with similar terms
that have also failed the DFSG.

That allows me to say "licence Foo has a clause with the same net
effect as license Bar which we found violated DFSG §6 for the reasons
we delinated in [debian-legal thread]"


Don Armstrong

-- 
Any excuse will serve a tyrant.
 -- Aesop

http://www.donarmstrong.com
http://rzlab.ucr.edu

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