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Re: DRAFT: debian-legal summary of the QPL



Don Armstrong writee:
>On Tue, 20 Jul 2004, Steve McIntyre wrote:
>> So where does this stop?
>
>Presumably where the good to free software outweighs the effective
>discrimination.
>
>That's why we're discussing it now (and have discussed it in the
>past.) We're trying to determine what amount discrimination is
>allowable in a free license.

What part of

  5. No Discrimination Against Persons or Groups

     The license must not discriminate against any person or group of
     persons.

allows for _any_ discrimination? "Must not discriminate" seems pretty
clear to me. If you're going to argue for "effective discrimination"
then you've just argued yourself out of free software altogether.

>> Just about every current free license out there will have clauses
>> that may clash with national laws somewhere.
>
>Yes, but presumably those are a case of the national laws restricting
>the freedom of the user, rather than the license itself restricting
>that freedom.
>
>> Be reasonable here, please: "effective discrimination" is a very
>> shaky thing to start claiming...
>
>It's not necesarily shaky, it's just that there isn't a clear defining
>line where allowable discrimination starts, and disallowable
>discrimination begins.
>
>DFSG 5 is perhaps purposely vague in this regard.

Are you reading the same DFSG as me??? "Must not discriminate" is not
in any sense vague - it does not leave any leeway for "allowable
discrimination".

-- 
Steve McIntyre, Cambridge, UK.                                steve@einval.com
"Every time you use Tcl, God kills a kitten." -- Malcolm Ray



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