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Re: Desert island test

On Thursday 28 February 2008 05:05:00 pm Ben Finney wrote:
> Sean Kellogg <skellogg@gmail.com> writes:
> > ------------------>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
> I don't see any implication of "god-like status". The question is
> regarding an external party compelling Debian to accept a viewpoint;
> it's not an arrogation of "god-like status" to say "No" to that.

The response implies that -legal is the final arbiter... which gives the 
impression that -legal arbitrates (which it doesn't), that it is final (which 
it isn't), and best of all, that it is always right (debatable?).

> > 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
> The GR was used by Debian to make a decision about what action Debian
> will take, just as all Debian GRs are. It's not a way for an external
> party to impose their views on Debian from outside; an external party,
> by definition, doesn't get to even *vote* in the GR, let alone compel
> Debian to do anything.

That one cannot participate in the process as a *voter* does not imply they 
cannot participate in any capacity. Heck, I'm pretty sure there are two 
rather sizable industries (lobbyist and lawyers) that are based around folks 
doing nothing but participating and yet never casting a vote. 

And even if we the situation was such that no outsider could ever participate 
in a GR campaign, all we would have to do is add "go through the NM process" 
as the step before "propose a GR".


Sean Kellogg
e: skellogg@gmail.com

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