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Re: DRAFT: debian-legal summary of the QPL



Brian Thomas Sniffen wrote:
> Sam Hartman <hartmans@debian.org> writes:
>>So, have you found something non-free that cannot be justified by the
>>DFSG?  Would you be willing wo work on wording for a modification to
>>the DFSG?  If you need sponsors I would be happy to help.
> 
> I don't think that the QPL requires any changes to the DFSG to be
> clearly non-free.  That is, the choice-of-venue clause and the full
> publication of any distributed change both have clear grounding in the
> DFSG.

Would you might clarifying what that grounding is (or pointing me at a
particular message that does so)?  I'm currently drafting the second
draft of the QPL summary, and that's one of the few things I'm still
working on: a well-grounded justification from the actual text of the
DFSG.  The "fee" angle seems nebulous, and hard to justify; I
more-or-less agree with it, but I need a clear way to justify why it is
only a "royalty or other fee" if it is "paid" to the upstream developer,
and not if it is "paid" to someone you are already distributing the
software to.

> Before this issue comes up again with a more closely worded license, I
> do think there's an aspect of freedom generally recognized by people
> here which *should* be part of the DFSG.  It wasn't a big deal in the
> free-software community when the DFSG was written, but it's become so
> since.  It's the second biggest distinction between how the OSI read
> the same text that we have:  the fairness issue that I posted about
> earlier today.
> 
> I'd very much like some help in phrasing that properly.

I think that the vast majority of the fairness issue is captured by DFSG 3:

> Derived Works
> 
> The license must allow modifications and derived works, and must
                                                          --------
> allow them to be distributed under the same terms as the license of
  -------------------------------------------------------------------
> the original software.
  ---------------------

- Josh Triplett

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