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Re: Anti-TPM clauses



On Tue, 11 Sep 2007 15:59:35 -0700 Steve Langasek wrote:

> On Tue, Sep 11, 2007 at 11:50:32PM +0200, Francesco Poli wrote:
> > On Tue, 11 Sep 2007 13:16:39 +1000 Ben Finney wrote:
> 
> > > Freek Dijkstra <debian2007@macfreek.nl> writes:
> > [...]
> > > > it's probably non-free, and best not put it in main. Correct?
> > > 
> > > That's my understanding, yes. Largely on the basis that it's
> > > imposing a non-free restriction ("You may not ...") on the
> > > recipient.
> 
> > I agree with you that CC-v3.0 licensed works should *not* enter
> > main.
> 
> > However, the FTP masters seem to disagree: there already are some
> > CC-v3.0 licensed works in main, *unfortunately*.
> 
> ITYM "Francesco Poli won't stop crapflooding

Well, thanks for choosing such a polite term.
Trying to contribute to the Debian Project is always soooo gratifying!

> debian-legal with his
> dissenting view about the freeness of CC by-SA 3.0, making it ever
> harder to find relevant posts like
> <http://lists.debian.org/debian-legal/2006/08/msg00262.html> and
> <http://lists.debian.org/debian-legal/2006/08/msg00120.html> that show
> there's no compelling reason to interpret CC by-SA 3.0 as non-free,
> *unfortunately*".

Those two messages only address the anti-TPM clause issue, which is not
the only issue I see in CC-v3.0 licenses.
See http://lists.debian.org/debian-legal/2007/07/msg00124.html

And anyway, interpreting the anti-TPM as allowing parallel distribution
is an optimistic reading of the license.  As I summarized in the
above-referred message, we do not even know which is the intended
meaning of the clause, because official Creative Commons representatives
refused to disclose it...

When I began reading debian-legal I learnt that license analysis should
be carried out from a rather pessimistic standpoint: being optimist is
gambling with other people's money (since the Debian Project promises
that everything in main grants at least the freedoms described in the
DFSG, and many commercial and non-commercial redistributors can count on
this).

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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