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Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

On Fri, Sep 09, 2005 at 05:17:06PM -0400, David Nusinow wrote:
> On Fri, Sep 09, 2005 at 09:55:24PM +0100, Andrew Suffield wrote:
> > Not really interested in the case where you actually did infringe on
> > the license. I don't think it's worthwhile to worry about whether we
> > discriminate against such people.

> > Nuisance lawsuits are the canonical example of the important part
> > here. That's the scenario where choice-of-venue is bad.

> Ok, thank you for clarifying that. I think we need to consider the point
> that Matthew has been raising though, that a choice of venue clause may be
> important for a program author to successfully defend their copyright.

A "no modifications allowed" clause may be important for a program
author to successfully protect their reputation, but we don't consider
such a restriction free; one *should* be able to defend one's reputation
relying only on a "identify all changes prominently" clause, and one
*should* be able to defend one's copyright within the existing framework
governing personal jurisdiction.

> If the justification for this is to be grounded in the discrimination
> clause of the DFSG, we can't choose to discriminate against the
> program's authors.

Even if we accept this argument, how is putting the authors on equal
footing with the users "discrimination"?

> If this is to be grounded in the clause about not requiring a fee, we can't
> require that the program's author be forced to take on the burden of such a
> fee if they need to defend their copyright.

Sorry, this sentence registers as complete nonsense to me.  If you're
going to claim that requiring certain things of *authors* before their
code can be included in Debian is a "fee", how is this particular "fee"
different from the "fee" of publishing source code?

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
vorlon@debian.org                                   http://www.debian.org/

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