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Re: request-tracker3: license shadiness



On Thu, Jun 10, 2004 at 04:51:06PM -0400, Michael Poole wrote:
> The start of /usr/share/request-tracker3/libexec/webmux.pl is:
> 
> #!/usr/bin/perl
> # BEGIN LICENSE BLOCK
> # 
> # Copyright (c) 1996-2003 Jesse Vincent <jesse@bestpractical.com>
> # 
> # (Except where explictly superceded by other copyright notices)
> # 
> # This work is made available to you under the terms of Version 2 of
> # the GNU General Public License. A copy of that license should have
> # been provided with this software, but in any event can be snarfed
> # from www.gnu.org.
> # 
> # This work is distributed in the hope that it will be useful, but
> # WITHOUT ANY WARRANTY; without even the implied warranty of
> # MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU
> # General Public License for more details.
> # 
> # Unless otherwise specified, all modifications, corrections or
> # extensions to this work which alter its source code become the
> # property of Best Practical Solutions, LLC when submitted for
> # inclusion in the work.
> # 
> # 
> # END LICENSE BLOCK
> 
> Similar blocks are in the HTML source files for rt3.
> 
> What is the impact of the third paragraph?

"If you send us any patches and don't say otherwise, you're implicitly
assigning copyright to us"

This cannot reasonably be a part of a license. I think it was placed
here in error. It's probably legally void.

> Can Debian properly redistribute rt3 if rt3 alleges both distribution
> under the GPL and GPL-incompatible restrictions?  Does the fact that
> the restrictions are non-enforceable (at least in the US) enter
> consideration?

Tentative "yes" to both, but I'd be looking to get upstream to remove
non-license text from their license; there is a whole truckload of
provisos here that you shouldn't really have to deal with.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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