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

Re: RE-PROPOSED: The Dictator Test



On Mon, Jul 12, 2004 at 10:18:35AM +0200, Florian Weimer wrote:
> * Nathanael Nerode:
> 
> > You have hit the nail on the head.  The warranty disclaimers don't
> > say "You agree not to sue..." or "You agree that there is no
> > warranty..."
> 
> Wrong, there are certainly some cases:
> 
> | THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
> | LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
> | UNDER THIS DISCLAIMER.
> 
> (SGI's GLX license.)
> 
> Does such a wording really make difference from a legal point of view?
> I'm sure that if it did, we'd see more examples.

That license has already been found defective under the DFSG for unrelated
reasons[1].

It is, consequently, a poor example of what's okay with a DFSG-free
license.

You might fare better by citing a different license that is used in main
and contains the same language.

> Do we really want to randomly punish licenses which use the wrong
> catch phrases,

No.  We want to deterministically reject licenses as predictably and
reliably as we can.

> even if they are legally equivalent to perfectably acceptable licenses.

Intent matters.  Witness the University of Washington and and the MIT/X11
license.  If you don't know what I'm talking about, please see the DFSG
FAQ[2].

> In addition, there seems to be a general consensus in Debian *against*
> the Dictator Test.

What foundation do you have for this statement?  At present it is
indistinguishable from baseless assertion.

The consensus on this list appears to be that the Dictator Test is at best
useful and at worst harmless.  For support, I direct you to to thread
you're -- nominally -- reading.

> Nobody except me to mind that CA certificates come with a lot of
> obnoxious licensing conditions (if we have a license to distribute them
> at all).

I think the grammar in this setence is defective; such that I cannot
determine whether you're making one statement or its opposite.  Can you
clarify, please?

[1] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=211765
[2] http://people.debian.org/~bap/dfsg-faq.html

-- 
G. Branden Robinson                |     If you're handsome, it's flirting.
Debian GNU/Linux                   |     If you're a troll, it's sexual
branden@debian.org                 |     harassment.
http://people.debian.org/~branden/ |     -- George Carlin

Attachment: signature.asc
Description: Digital signature


Reply to: