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Re: Question about DFSG and a THC project



O Martes, 20 de Abril de 2004 ás 13:52:19 -0700, Jake Appelbaum escribía:

 Let this be my first try at a license analysis in d-l :)

> 1. This software comes with no warrenty or promised features. If it
> works for you - fine. It just comes "AS-IS", which means as a bunch of
> bits and bytes.

 Warranty disclaimer -- fine.

> 2. Anyone may use this software and pass it on to other persons or
> companies as long as it is not charged for! (except for a small
> transfer/medium fee)

 Forbids to sell the software even along with other works -- fails DFSG #1

> 3. This tool may *NOT* be used for illegal purpose. Please check the law
> which affects your doing. I will have got no liability for any damage
> etc. done with this tool legally or illegaly.

 Restriction on use. It could be argued that it fails DFSG #6 (fields of
endeavor, if I counted correctly), but it definitely fails a variation of
the dissident test (dissident wants to use bulletin board software to
publish banned works, ilegally).

> 4. If this tool is used while providing a commercial service (e.g. as
> part of a penetration test) the report has to state the tools name and
> version, and additionally the author (van Hauser) and the distribution
> homepage (http://www.thc.org).

 Use restriction. Fails the ode to the goldfish test ;-)

> 5. In all other respects the GPL 2.0 applies

 Oh, a nonconsistent license (places additional restrictions on the GPL,
fine for the original author but not for would-be distributors of the work),
thus undistributable.

 DFSG-non-free, IMO.

-- 

   Tarrío
(Compostela)



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