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Re: BitTorrent Open Source License (Proposed Changes)

On Sat, 30 Jul 2005 09:52:12 -0500 Michael Janssen wrote:

> I have been trying to get the authors of BitTorrent to change their
> license (the BitTorrent Open Source License) in order to make it
> suitable for inclusion in Debian.

Your efforts are really appreciated.

> The BitTorrent Open Source License
> has been discussed before on this list [1, 2].  It is my understanding
> that the only two sections which cause problems are Section 13
> (choice-of-venue) and Section 4.b (keep source online for 6 months).
> 1. http://lists.debian.org/debian-legal/2005/03/msg00181.html
> 2. http://lists.debian.org/debian-legal/2005/03/msg00581.html

I've just re-read the relevant threads, and I do not agree that the two
above mentioned clauses are the only issues.

To summarize, the following clauses are problematic (should I
misrepresent someone's opinions, I apologize in advance: corrections

  * MJ Ray is not happy about it

  * is a practical problem (MJ Ray)
  * is a Freeness issue (Josh Triplett)
  * worries me, as it's restriction on distribution, see DFSG#1
    (Francesco Poli)
  * is anyway a constraint that Debian mirror network does not satisfy
    (Henning Makholm)

  * necessity to maintain a LEGAL file is a Freeness issue (Josh
  * is another restriction on distribution, see DFSG#1 (Francesco Poli)

  * is easy to abuse (MJ Ray)

  * looks a little broad, but may be irrelevant (MJ Ray)
  * no clear consensus (Francesco Poli)

  * choice of venue, which is non-free (Josh Triplett, MJ Ray, Francesco
    Poli, Henning Makholm)
  * requirement to waive your right to a jury trial, which is non-free
    (Francesco Poli, Josh Triplett)

Consequently, the issues to be solved are, at least,
 . one in clause 4b
 . one in 4c 
 . _two_ in 13

    :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
  Francesco Poli                             GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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