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Re: Swiftfox license



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On Fri, Apr 06, 2007 at 07:52:42AM +0200, Mike Hommey wrote:
> On Thu, Apr 05, 2007 at 04:57:25PM -0400, Michael Pobega
> <pobega@gmail.com> wrote:
> > On Thu, Apr 05, 2007 at 11:03:20AM -0500, Kilz _ wrote:
> > > Hi Debian legal I am writing you to ask a question that someone
> > > I know doesnt believe. It has to do with the Swiftfox license.
> > > Can you please confirm or deny that it passes the DFSG? Thanks.
> > > I say it doesnt, but he requires proof. Thanks.
> > > 
> > > Here is the license.
> > > 
> > >        SWIFTFOX LICENSE AND RESTRICTIONS
> > >        -------------------------------------
> > > 
> > > 1. Swiftfox binaries are not distributed under the MPL license
> > > and are not freely distributable.  Swiftfox is licensed only to
> > > the user that downloads the binary from getswiftfox.com and no
> > > distribution to other parties is allowable under this license.
> > > Download of any binary from getswiftfox.com constitutes
> > > acceptance of these terms.
> > > 
> > 
> > That alone does it. Once a package is not freely distributable it
> > automatically fails the DFSG. It breaks rule #1:
> 
> This tells that *swiftfox*binaries* are not distributable, not the
> binaries we would obtain building from sources.  It doesn't change
> that the sources are MPL only.
> 
> Mike
> 

Maybe I assumed too much, but I thought that the restriction
encompassed any binary having to do with Swiftfox because:

> Swiftfox is licensed only to the user that downloads the binary from
> getswiftfox.com and no distribution to other parties is allowable
> under this license.

Even if this doesn't include the source, isn't it still infringing on
the DFSG? Rule one says that no one can restrict you from "Selling or
giving away the software", which includes the binaries. Also, rule 2:

> Source Code
>
> The program must include source code, and must allow distribution in
> source code as well as compiled form.


Excuse me if I've said something stupid, I'm new to debian-legal.
But I'm trying hard to learn.
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