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pre-ITP advice?

Hi all,

I was going to ITP helpdeco and I noticed the licence:

> HELPDECO is freeware. Use at your own risk. No part of the program may
> be used commercially. No fees may be charged on distributing the
> program (shareware distributors keep off).

Obviously, this is non-free, and seems to prevent debian from even
distributing it, since debian CDs sometimes cost money. This doesn't
seem to affect the NetBSD project though:

Anyway, I pinged upstream and he seemed to be willing to make it more
free. I quote relevant pieces of the conversation we had:

> From:    Paul Wise <pabs@zip.to>
> Subject: helpdeco licence question
> Date:    Fri, 01 Apr 2005 23:34:04 +0800
> I was thinking of packaging helpdeco for Debian GNU/Linux and I saw the
> licence:
> > HELPDECO is freeware. Use at your own risk. No part of the program may
> > be used commercially. No fees may be charged on distributing the
> > program (shareware distributors keep off).
> Besides being a little vague, it seems to prevent Debian from
> distributing it, because fees are often charged for Debian CDs. Also, it
> doesn't allow for modifications such as fixing bugs etc in the debian
> version. Is this your intention, or would you (and any other copyright
> holders) be willing to relicence it under a more liberal or even a free
> software licence?
> From: 	Manfred Winterhoff <mawin@gmx.net>
> Date: 	Sat, 2 Apr 2005 00:28:38 +0200  (06:28 WST)
> The MS-DOS compilation of HelpDeco may not be included in software that 
> packages are sold, like Linux distributions. The source of HelpDeco may be 
> modified as neccessary to create a Linux Application, and this port may be 
> distributed in any way the author of that port allows, if the author got
> a permission to use the sourtce of HelpDeco for this port from me.
> From: 	Paul Wise <pabs@zip.to>
> Date: 	Sat, 02 Apr 2005 10:59:31 +0800
> I see, thanks for the clarification. Would you be willing to give me
> permission to create such a port for debian, or even better, put a
> blanket licence allowing the creation of such ports from the source
> code? In any case, it would be nice to see this information on the web
> page.
> If you give me permission (rather than a blanket licence), what would
> happen to the port in the event that I am unable to maintain it in
> debian (death, lack of time/interest etc)? Would debian (and the new
> maintainer) still be able modify the source and distribute source and
> compiled binaries, or would the new maintainer need to contact you and
> negotiate another such licence?
> From: 	Manfred Winterhoff <mawin@gmx.net>
> Date: 	Sun, 3 Apr 2005 20:47:46 +0200
> Oh, so you developed CHMDeco. So you will know what demand is on the
> Linux side to handle Windows Help files. I can not believe that the
> NetBSD port of HelpDeco does have any audience, but if you want to port
> HelpDeco to Linux, just do it, add your copyright to mine, and release
> your port with source under GPL, so that Debian and all other Linux 
> distributers can include it if they want.
> From: 	Paul Wise <pabs@zip.to>
> Date: 	Mon, 04 Apr 2005 10:48:36 +0800
> Excellent. I will need to run this past the debian-legal mailing list
> just to be sure, do you mind if I quote your emails? Further
> statements or actions may be required on your part.
> From: Manfred Winterhoff <mawin@gmx.net>
> Date: 	Mon, 11 Apr 2005 18:22:11 +0200  (Tue, 00:22 WST)
> No problem, it's ok.

So, my question is, is it enough to quote the above in debian/copyright
for this to go into main, or will upstream need to release a new version
with the licencing clarified, or where to from here?

(I'm not subscribed, please CC me)


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