Re: BitTorrent Open Source License (Proposed Changes)

[Michael Poole <mdpoole@troilus.org>]

Sean Kellogg writes:

> On Sunday 31 July 2005 06:35 pm, Michael Poole wrote:
>>
>> It is not discrimination: every user is treated identically.
>
> Same with the petting an animal... everyone has to do it.  Did you know that 
> pre-18 years olds CANNOT agree to a waiver of liability?  Seems waivers 
> descriminate against them.

It is perhaps not a coincidence that "pet-an-animal" licenses are
non-free because they are fees, not because they discriminate.  Some
people would pet an animal anyway (or be subject to the personal
jurisdiction of a particular venue), it breaches the DFSG for a
license to require it.

>> It is not a fee: implicit warranty and similar liabilities are created
>> by law.  Where a warranty disclaimer applies, it is because the
>> relevant law allows that warranty to be disclaimed.
>
> Personal jurisdiction and rights to a jury trial are created by law...  where 
> venue clause and trial by jury waivers apply, it is because the relevant law 
> allows them to stand.
>
> See, I can write similar sentences that are JUST as true.  Should we continue 
> to dance, or will you accept my point?

They do say that imitation is the sincerest form of flattery...  but
you missed my point that the law's establishment of implicit warranty
is what imposes the liability in question.  Being dragged across the
country or the globe is a liability imposed by the license.  Denying
those costs is consistent with software freedom; imposing them is not.

Michael