[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: RE-PROPOSED: The Dictator Test

Florian Weimer wrote:
> * Branden Robinson:
>>Reaction to my earlier proposal[1] appears to be basically positive.  Not
>>everyone thought I picked the best name for it, though.
>>Nevertheless, I'd like to move forward, and propose the addition of the
>>following to the DFSG FAQ[2].
>>The Dictator Test:
>>  A licence is not Free if it prohibits actions which, in the absence of
>>  acceptance of the licence, would be allowed by copyright or other
>>  applicable laws.
> What about warranty disclaimers?  Or quite reasonable clauses dealing
> with patent issues?

Much like the GPL allows distribution (which is not permitted by
copyright law) under certain circumstances, Free patent clauses would
allow use of patents (which is not permitted by patent law) under
certain circumstances.

Good point about warranty disclaimers, though.  Assuming you acquired
the software lawfully, then you would have the right to use the
software, and the right to sue the author if it didn't work, so this
test as written would prohibit warranty disclaimers.  Then again, the
effectiveness of warranty disclaimers in a "you only need to accept this
license if you distribute the software" license like the GPL are already
a debated topic.

- Josh Triplett

Attachment: signature.asc
Description: OpenPGP digital signature

Reply to: