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Re: Termination clauses, was: Choice of venue



Matthew Palmer wrote:
> On Thu, Jul 22, 2004 at 04:27:25PM -0700, Josh Triplett wrote:
> 
>>Matthew Garrett wrote:
>>
>>>Matthew Palmer <mpalmer@debian.org> wrote:
>>>
>>>>On Wed, Jul 21, 2004 at 11:05:55AM +0100, Matthew Garrett wrote:
>>>>
>>>>>2) In the case of a BSD-style license with a QPL-style forced
>>>>>distribution upstream clause, there would be no need for a QPL-style
>>>>>permissions grant. Upstream could subsume it into their closed product
>>>>>anyway.
>>>>
>>>>But I could do the same to their work under a BSD licence.  I can't do that
>>>>with a QPL-licenced work.  It's all about equality.  It's not necessarily a
>>>>*good* outcome, but it's a *better* outcome.
>>>
>>>I don't think a license that allows people to produce closed products is
>>>a good license. I think a license that allows precisely one person to
>>>produce a closed product is better than one that allows many people to
>>>do so. I still don't think it's good, but I certainly don't think it's
>>>non-free. Why is equality so much of an issue?
>>
>>Very well put.  That's exactly my reasoning behind saying the "upstream
>>gets an all-permissive license" requirement is acceptable and just
>>obnoxious.
> 
> While being able to take your modifications to a piece of software
> proprietary might be considered bad (opinions differ), I'd much rather that
> everyone was able to do it than one party.  That way nobody is in a
> preferential position -- why should someone be able to take my work
> proprietary, if I don't have the ability to do the same in return?

That's only the case if you consider the right to take the work
proprietary useful, and helpful to Free Software.  I consider it to be
neither.  In my case, I would have absolutely no interest in taking the
software proprietary, so that "right" would be worthless to me, and I
would prefer that as few people as possible have the right to take my
code proprietary.  Ideally none, of course.

> You might argue "because they've done a lot more work that you", but that's

I most certainly would not.

> not what the licence says.  If I rewrite 50% of a QPL'd program, the initial
> author still has the ability to sell that large body of code, but I can't
> sell my modified version.

Please don't equate "sell" and "make proprietary".  You can sell Free
Software, and you can give away proprietary software.

> The inherent unfairness of it irritates me.  On the one hand, I can see why

It irritates me as well, and I already said I found it obnoxious.  That
doesn't necessarily make it non-free.

> some people don't think it's non-free -- "If I can make the modifications
> guaranteed by the DFSG, what's the harm?", but one of the real benefits of
> Free Software is that no member of the community has an inherent advantage
> over anyone else -- a "free market" ideal.

I consider the benifit of Free Software to be that everyone has all the
essential freedoms over the software.  If some people have non-essential
freedoms, such as the "right" to take the software proprietary, then
that is irrelevant to me.  I find it annoying that they can take my code
proprietary, but I would consider a license better that allows fewer
people to do so.  For that reason, I would prefer a "the upstream author
can take it proprietary" license over a "everyone can take it
proprietary" license, although I would prefer the GPL over either.

- Josh Triplett

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