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Re: Is the University of Edinburgh clickwrap GPL DFSG-free?

On Fri, 03 Nov 2006, Sean Kellogg wrote:

> On Thursday 02 November 2006 23:52, Don Armstrong wrote:
> > If those extra disclaimers cannot be expunged/ignored by subsequent
> > distributors, then you're not able to comply with the terms of GNU
> > GPLv2, and as a result, you cannot distribute the work at all. [I
> > should note here that v3 gets rid of this particular issue for
> > warranty disclaimers, but it's not present in v2.]
> For the sake of clarity and to avoid undue arguing, can you please
> point to the specific terms in v2 which you feel make the
> warranty/waiver terms incompatible with the GPL?

Setting up wrapper terms and/or clickwraps that cannot be removed
contravenes §6:

   6. Each time you redistribute the Program (or any work based on the
   Program), the recipient automatically receives a license from the
   original licensor to copy, distribute or modify the Program subject
   to these terms and conditions. You may not impose any further
   restrictions on the recipients' exercise of the rights granted
   herein. You are not responsible for enforcing compliance by third
   parties to this License.

If they can be removed, then that's fine; have them removed by
someone, and do the initial distribution without the extra terms.

> I will be honest, it's not something I've given a lot of thought
> to... but I'd like to understand your arguments against wrapping the
> GPL in additional terms.

There's nothing wrong with wrapping the GPL in additional terms; the
question is whether or not they can be removed. [It's much like adding
additional permissions to the GPL; there's nothing wrong with them, so
long as they can be removed.]

Don Armstrong

"There's no problem so large it can't be solved by killing the user
off, deleting their files, closing their account and reporting their
REAL earnings to the IRS."
 -- The B.O.F.H..

http://www.donarmstrong.com              http://rzlab.ucr.edu

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