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Re: Free art license, CC and DFSG



On Tue, 6 Mar 2007 00:32:44 +0000 Andrew Saunders wrote:

> On 3/5/07, Francesco Poli <frx@firenze.linux.it> wrote:
> 
> > As far as CC-v3.0 are concerned, my personal opinion should be clear
> > from the message[2] that you yourself cite: I don't think that any
> > CC-v3.0 license meets the DFSG. Other people disagree with me,
> > though.
> >
> > You didn't find any "final answer" because the thread didn't reach a
> > clear consensus (and possibily is not even over, just in pause for a
> > while...).
> 
> The "final answer" on this sort of issue isn't arrived at through
> discussion on -legal at all. To quote an ftp-master:
> 
> "the way Debian makes the actual call on whether a license
> is suitable for distribution [...] isn't based on who shouts the
> loudest on a mailing list, it's on the views of the archive
> maintainers." [1]

You cut an important part: Anthony Towns was speaking about
distributability (suitability for the non-free archive), not about
DFSG-compliance (suitability for the main archive).

The full quote is:

| the way Debian makes the actual call on whether a license
| is suitable for distribution in non-free isn't based on who shouts the
| loudest on a mailing list, it's on the views of the archive
| maintainers.

He may hold a similar opinion about DFSG-compliance, but he was not
talking about it in the particular message you quoted.


Indeed debian-legal is a sort of advisory committee, and the final
decision is up to the ftp-masters, but when an opinion is asked to
debian-legal (this is how this thread started), well, an opinion from
debian-legal is provided.  This should not be surprising: if Mathieu
wanted to get the ftp-masters' opinion, he could have asked them...

> 
> In his role as DPL, that same ftp-master (or "archive maintainer", if
> you prefer) has endorsed [2] the Debian Creative Commons Workgroup
> which opined [3] that the CCPL 3.0 is suitable for Debian main.

The two messages/essays you cite were written at the time of the first
CC-v3.0 public draft: hence they talk about drafts, rather than about
the final texts.
Moreover there was the anti-DRM issue, which is still there, and Evan
Prodromou acknowledged in the essay that the conclusion was yet to be
drawn.

> The
> Workgroup's conclusion appears to hinge on whether one chooses to
> interpret the GFDL GR [4] as a precedent rather than an exemption, but
> I suspect that in the absence of another GR, it's the ftp-masters
> that'll be getting to choose.

The essay[3] you cite states:

| Whether this is an exception, or applicable to all licenses, is a
| subject to some debate for Debian members.

"Debian members" != "ftp-masters"

Anyway I don't how the GFDL GR could be interpreted as applicable to all
licenses, as it specifically talks about the GFDL and no other
license...

> 
> Similarly, while MJ Ray argues [5] that packages under the Open Font
> License making their way into main is proof of incompetence and/or
> oversight on the ftp-masters' part, is it not possible that they
> simply disagree with debian-legal's analysis and decided to let the
> packages in on that basis, just as they did in the case of Sun's Java
> licensing?

It's possible, but an explanation from the ftp-masters would be
appreciated: we, debian-legal regulars, spend quite some time in
reviewing licenses; I would like to know when and why ftp-masters decide
to ignore our conclusions...

> 
> As ever, the above is only my personal opinion and I'm perfectly happy
> to be proven wrong when presented with appropriate evidence. Feel free
> to smash my thought experiment to bits as best as you are able. :-)
> 
> [1] http://lists.debian.org/debian-legal/2006/06/msg00129.html
> [2] http://lists.debian.org/debian-devel-announce/2006/08/msg00015.html
> [3] http://evan.prodromou.name/Debian_Creative_Commons_Workgroup_report
> [4] http://www.debian.org/vote/2006/vote_001
> [5] http://lists.debian.org/debian-legal/2007/03/msg00001.html



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