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Re: Desert island test



* Sean Kellogg <skellogg@gmail.com> [080228 20:54]:
> On Thursday 28 February 2008 11:27:15 am Bernhard R. Link wrote:
> > * Sean Kellogg <skellogg@gmail.com> [080228 20:01]:
> > > On Thursday 28 February 2008 10:19:26 am Walter Landry wrote:
> > > > You just have not been around long enough ;) The desert island test
> > > > was first mentioned in 2002 in
> > > >
> > > >   http://lists.debian.org/debian-legal/2002/01/msg00010.html
> > >
> > > An actual cite to the DFSG, but it is from before my time...  of course,
> > > there is no explanation of how a "licenses in which any changes must be
> > > sent to some specific place" violates:
> > >
> > > 1. Free redistribution.
> > > 2. Inclusion of source code.
> > > 3. Allowing for modifications and derived works.
> >
> > The desert island test and the dissident test are just simple examples
> > why "you may modify provided that you publish" is something very
> > different from "you may modify".
> 
> Which is yet different from "you may modify provided that when you distribute 
> you also provide soure code"...  DFSG #3 says there must be a means to make 
> modification, it doesn't say anything about conditions.

A permission with conditions to hard to fullfill simply is no condition.
That is an easy and clear difference. (If you want to argue with other
points one can also put #1 #5 #6 or (that your example is a difference
#3) in there, but even #3 alone can hardly be considered to apply to
software who's licence forces publication of modificatons).

This is an old topic, which has been discussed almost to death that I
can hardly bear to bring all the standard arguments again, but anyone
thinking conditions do not matter shall tell my why a license saying
"you may modify the software if you are not named <insert your name here>"
is not free. After all in large parts of the world changing name has no
direct cost and if you live in so oppressive a country not allowing it
for free, it's your fault and you could as well move to another country
easily. </sarcasm>

Hope this help the thread to die,
  Bernhard R. Link


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