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Re: TrueCrypt License 2.3

Josselin Mouette <joss@debian.org> wrote:
> Le lundi 14 janvier 2008 =E0 22:50 +0100, Francesco Poli a =E9crit :
> > >     a. The name of Your Product (or of Your modified version of This Pr=
> oduct)
> > >     must not contain the name TrueCrypt (for example, the following nam=
> es are
> > >     not allowed: TrueCrypt, TrueCrypt+, TrueCrypt Professional, iTrueCr=
> ypt,
> > >     etc.) nor any of its variations that can be easily confused with th=
> e name
> > >     TrueCrypt (e.g., True-Crypt, True Crypt, TrueKrypt, TruCrypt, etc.)
> >=20
> > I've argued several times in the past against this kind of broad
> > restrictions.  I think they go beyond what is permitted (as a
> > compromise!) by DFSG#4.
> We have allowed exactly the same conditions by using software with
> trademarked names.

Where?  The naming rights asserted above seem much broader than what a
trademark allows.  Trademarks have many limitations.

> In fact, upstream is wrong for putting such
> restrictions in the license itself instead of the trademark policy, but
> the net effect is exactly the same as that of the Firefox trademark.

Didn't we have to change the name to avoid the Firefox trademark+copyright

> > See, for instance:
> > http://lists.debian.org/debian-legal/2007/11/msg00004.html
> > http://lists.debian.org/debian-legal/2006/04/msg00181.html
> Using yourself as a reference?

That seems fine as a reference for 'I've argued...'

> > [...]
> > > VI. General Terms
> > >
> > > 1. You may not use, modify, reproduce, derive from, (re)distribute, or
> > > sublicense This Product, or portion(s) thereof, except as expressly provided
> > > under this License. [...]
> > This is non-free, as explained by Ken Arromdee in
> > http://lists.debian.org/debian-legal/2008/01/msg00132.html
> Please get out of your US-centric world.

Does it matter whether it is non-free only for France or only for the
US?  Doesn't that mere difference make it fail DFSG 5?

I've not studied the liability debate here, but none of the above responses
seem to have merit.  They're also unnecessarily you-you-you.  Did Francesco
Poli run over Josselin Mouette's cat?

My Opinion Only: see http://people.debian.org/~mjr/
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