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Re: DRAFT: debian-legal summary of the QPL



On Thu, Jul 22, 2004 at 07:59:30PM -0400, Glenn Maynard wrote:
> On Thu, Jul 22, 2004 at 04:34:33PM -0700, Josh Triplett wrote:
> > 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.
> 
> "The license of a Debian component may not restrict any party from selling
> or giving away the software ..."
> 
> I believe "may not restrict" is the operative phrase; this is a restriction.

I think we need to include the rest of that sentence is important, though:
"as a component of an aggregate software distribution...".  I would
fully support an amendment which made it explicit that DFSG #1 applied to
individual distribution also, but as written I think it is mostly a
protection for commercial Debian distributors, and a restatement of DFSG #9.

A rewrite to be something like "... selling or giving away the software,
either individually or as a component of an aggregate software
distribution ..." would do the job, I think.

Again, judgement is called for in the interpretation, but no more than
currently.

- Matt



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