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Re: DRAFT: debian-legal summary of the QPL



On Thu, Jul 22, 2004 at 04:34:33PM -0700, Josh Triplett wrote:
> 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.

Choice-of-venue is discriminatory against large classes of people, those
who live far away and don't have the means to contest a suit over long
distances.  If, as Sven argues, this is actually a null clause under
French law, then it's a license blemish rather than a DFSG problem, and
should be removed for clarity.

> 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.

Do you disagree with the definition I've advanced in earlier messages,
that a fee is something given in *exchange* for a license?

-- 
Steve Langasek
postmodern programmer

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