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Re: New Ion3 licence



On Sun, 29 Apr 2007 10:08:30 -0400 David Nusinow wrote:

> On Sat, Apr 28, 2007 at 12:15:25PM +0200, Francesco Poli wrote:
> > On Sat, 28 Apr 2007 11:00:06 +0100 Ben Hutchings wrote:
> > 
> > > Ben Finney <bignose+hates-spam@benfinney.id.au> writes:
> > [...]
[...]
> > Mmmmh, would I be allowed to grab the Debian package, and rename it
> > as ion3, without other modifications (and distribute the result
> > whenever I feel like doing so)?
> > 
> > I mean: would the clause be really nullified?  Or rather, would it
> > just not apply to Debian, but still be ready to kick in as soon as I
> > do something to the package?
> > I'm definitely uncomfortable with sleeping clauses which could get
> > suddenly awake when you least expect...   :-(
> 
> This doesn't matter, it's still free. If you derive GPL software, you
> can't violate the terms of the GPL license and yet that GPL software
> still remains Free by the DFSG definition. Same with a renamed ion
> derivative, if you derive from a renamed ion and violate its license,
> the renamed ion remains Free. 

The point was that the clause under consideration, which is a non-free
restriction, could re-emerge after being made seemingly non-applying by
the renaming.
Of course the DFSG don't insist that I be allowed to violate the terms
of a license!  GNU GPL v2 terms, however, do not include any non-free
restriction, while the clause under consideration is non-free: this is
why I was concerned by the possible failure to nullify it!

Anyway, this discussion is probably moot now, since upstream is now
considering a different licensing scheme: sticking to LGPL as far as
copyright is concerned, and adding (non-free) trademark restrictions. 
Please see
http://lists.debian.org/debian-legal/2007/04/msg00252.html


-- 
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..................................................... Francesco Poli .
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