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Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free



On Mon, Jul 12, 2004 at 02:56:51PM +0100, Matthew Garrett wrote:
> Brian T. Sniffen wrote:
> 
> >That is, I owe two fees to the initial developer of the software.  
> >First, I give him a license to distribute my modifications in future 
> >versions of the software, and to use that code in non-free derivatives 
> >of the software.  Second, if he asks for it I also supply a copy even 
> >if I have not distributed them to anyone.  This is a fee as described 
> >by DFSG #1.
> 
> I think you would find it hard to gain consensus that "fee" should be
> interpreted in this manner. The GPL requires that I provide either all
> the source code, a written offer or alternatively information regarding
> the written offer I obtained. A reading of "fee" that broad would cause
> the GPL to fail on the same grounds.
> 
> >Additionally, 6b requires that I license my modifications to others 
> >under a *more* permissive license than the QPL.  Those to whom I give 
> >my items (presumably meaning my modifications) must be licensed to 
> >distribute modified copies without charge, and the QPL imposes a 
> >charge.  Since I can't distribute my modifications under the same terms 
> >as the license of the original software, this also fails DFSG #3.
> 
> I think that it would be even harder to claim that "charge" covers this.
> 
> >On the other hand, perhaps my understanding of the DFSG is flawed.  
> >I've CC'd this to debian-legal, in the hopes that they can clarify.
> 
> The main discussed issues with the QPL are:
> 
> 1) It requires that distributed modifications be made available to
> upstream if they request. This causes problems for people on desert
> islands who want to distribute software and can't send changes upstream

Not really, since upstream will have as much trouble requesting the
modifications, or even knowing about them, won't they ? :)))

Friendly,

Sven Luther



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