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Re: VOCAL (Vovidia Communications License)



Glenn Maynard wrote:
> On Sun, May 02, 2004 at 09:26:10AM -0700, Josh Triplett wrote:
> 
>>> * 4. Products derived from this software may not be called "VOCAL", nor
>>> *    may "VOCAL" appear in their name, without prior written
>>> *    permission of Vovida Networks, Inc.
> 
> 
>>This license appears to be identical to the Apache License, version 1.1,
>>with the names changed and clause 3 (an advertising clause) removed.  It
>>looks to be a DFSG-Free license.  Clause 4 makes it GPL-incompatible, so
>>be sure it doesn't link to any GPLed software.
> 
> I wonder why we considered clause #4 to be free; it seems a little overreaching.
> It prohibits code reuse with any projects with names like "Vocal Minority" or
> "Vocalize".  (This isn't an objection; just curiosity.)

The DFSG justification is based on DFSG 4, which states that "The
license may require derived works to carry a different name or version
number from the original software."  As for _why_ we allow that, I think
it is based on the idea of avoiding misrepresentation: anyone should be
free to create a forked version of a piece of Free Software, but
attempting to pass it off as the original is misrepresentation.  Users
should always know what they are getting, and be able to make a reasoned
choice as to where they get their software from.

That said, I think putting such a _specific_ requirement about
misrepresentation in the license, while still Free, is not a
particularly good idea.  I am a big fan of licenses that state intent
rather than mechanism.  For example, contrast the GPL's "preferred form
for modification" with the GFDL's "Transparent" and "Opaque": the former
states intent, while the latter states mechanism.  In this particular
case, a condition that stated intent would be something like this (taken
from the zlib license):
> Altered source versions must be plainly marked as such, and must
> not be misrepresented as being the original software.

- Josh Triplett



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