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Re: Desert island test



On Thu, 28 Feb 2008 11:01:34 -0800 Sean Kellogg wrote:

> On Thursday 28 February 2008 10:19:26 am Walter Landry wrote:
[...]
> >   http://people.debian.org/~bap/dfsg-faq.html
> 
> Now this is a page I remember... it is indelibly rooted in my mind because of 
> this fun exchange:
> 
> ------------------>8------------------
> Q: I've flouted your advice and written a new license. I strongly believe that 
> it conforms to the DFSG and is a free software license. People on 
> debian-legal don't seem to agree though. They give explanations for their 
> decision which I find completely unconvincing. I keep trying to explain the 
> flaws in their reasoning to them, but to no avail. Is there any way for me to 
> compel Debian to accept that my license is free? 
> A: No.
> ------------------8<------------------
> 
> Nothing like being so sure of your own god-like status as to shutout debate 
> and deny the existence of a very clear method to compel Debian to accept the 
> license...  it's called a GR and has been used in just such a situation (GDFL 
> anyone?), much to the dismay of some -legal contributors.

I have to disagree with you, here.

A GR is *not* a method to compel Debian to do anything: it's a method
for the Debian Project to decide what to do in a given situation.  But
nobody external to the Project (that is to say, no non-DD) can *compel*
Debian to do anything.  It's up to the Debian Project to decide what to
do in a given situation.
A non-DD (like me, for instance) may persuade some DD to propose a GR:
*if* the GR is actually proposed, and *if* it is seconded, *then* it
will get voted upon; but the outcome will not necessarily correspond to
the initial hopes of the non-DD.  The non-DD does not even have vote
right: hence he/she does not even have the opportunity to influence the
outcome of the GR (other than by persuasion).
Even a member of the Project (a DD) may propose a GR, but cannot compel
other DDs to second it or to vote as he/she desires.

So to conclude, I think it is actually true that there's no way for
someone to *compel* Debian to accept a given license as "free".


That said, I remind readers that IANAL, TINLA, IANADD, TINASOTODP.

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