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Re: DRAFT: debian-legal summary of the QPL



Matthew Garrett wrote:
> Josh Triplett <josh.trip@verizon.net> wrote:
>>Consider also the case of a script that says "Edit the variables at the
>>top to customize for your site." (or any program who's configuration
>>file is covered under the same license as the rest of the software).
>>Should I be required to provide the changes that involve adding a
>>username and password to the script or config file?  If you start
>>allowing licenses that prohibit private modifications, you would need to
>>consider such cases.
> 
> Since it would be relatively trivial to modify the script to read those
> in from external files, that's an awkwardness rather than a problem.

You should not need a technical workaround for a legal problem.

>>At the end of the day, Free Software is about granting freedom to the
>>users of that software.  A copyleft requirement helps preserve those
>>user's freedoms.  A requirement to send source upstream does not further
>>the goal of preserving those user's freedoms in any way; instead, it
>>infringes on that freedom in order to further the author's goal of
>>advancing their own software.  This is not to say that the author's goal
>>is unreasonable, only that the particular means of doing so would be.
> 
> Copyleft is merely one facet of free software, but it's notable that it
> /does/ restrict user's freedoms (the freedom to distribute without
> source) in order to ensure that other users are free to receive source.
> The QPL restricts the freedom to distribute amongst a subset of the
> population in order to ensure that those modifications can be received
> by all.

http://www.gnu.org/philosophy/freedom-or-power.html

>>Would you argue that a requirement to send modifications upstream that
>>are not distributed at all would be Free?  If not, then why should that
>>change if you distribute the software privately to one other person?
> 
> No, since undistributed modification is protected by fair use in many
> places. Attempting to restrict something that's commonly legal would be
> outside the bounds of a free license.

"We can't restrict that anyway" doesn't really explain _why_ we choose
to allow modifications private to one person, but not modifications
private to two people.  "It's the law" is an appeal to authority, and
not a particularly good authority even. (<cough>DMCA</cough>)

- Josh Triplett

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