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Re: Review of license



[I'm Cc:ing Roberto, who asked to be Cc:ed, but probably didn't see
Joe's reply]

On Mon, 28 Apr 2008 03:03:47 -0400 Joe Smith wrote:

> I agree with Francesco Poli that the license, while not ideal, is 
> acceptable. Using 3a (licencing the changes under the same license, or any 
> compatible licence, and distributing them through the Debian mirror network 
> definately satisfies that requirement. End users can choose 3b if they will 
> not distribute, 3c if they want to distribute changed source without making 
> the changes publicly available (like posting them on the web), or 3a if they 
> are willing to post them on the web.
> 
> For both Debian and end users, the binary version freedoms should be 
> satisifed by 4b.
> 
> The nastiest part of the whole licence is 3, since just placing the work 
> under a free license is possibly not sufficent for 3a, if public 
> distribution is not also performed.

I don't think that public distribution is required to satisfy clause
3(a).

The clause says:

|    a) place your modifications in the Public Domain or otherwise make
|    them Freely Available, such as by posting said modifications to
|    Usenet or an equivalent medium, or placing the modifications on a
|    major archive site such as ftp.uu.net, or by allowing the
|    Copyright Holder to include your modifications in the Standard
|    Version of the Package.

To satisfy it, I must place my modifications in the Public Domain
(mmmh, probably I cannot, since most Berne Convention signatory
countries do not have any legally recognized mechanism for placing
works in the Public Domain...) *or* make them "Freely Available".

This term is defined at the beginning of the license:

| * "Freely Available" means that no fee is charged for the item itself,
|   though there may be fees involved in handling the item. It also means
|   that recipients of the item may redistribute it under the same
|   conditions they received it.

So royalty-free distribution without fee charged for the work itself
(but possibly with a fee charged for the distribution service...) under
terms that allow further redistribution under the same conditions (any 
license that meets the DFSG must allow this, or else will fail DFSG#7)
seems to suffice.  Even if this distribution is private...

IMHO, there's no forced *public* distribution in clause 3(a).
What follows the "such as" in clause 3(a) is just a number of examples,
rather than a complete list of options.

> The whole idea here though was that the 
> copyright holder has the rights to see any use any changed version of the 
> source that did not also change the name and manpages. The licence of the 
> changes might not even allow the Copyright holder to incorporate the changes 
> without changin the licence on the work as a whole, such as if the changes 
> were placed under the GPL. And in fact nobody else besides the change 
> authors or the copyright holder could use the changes if they were placed 
> under the GPL, but that would still wualify under 3a.
> 
> This is the type of messed up license obtained when a lawyer never looks 
> over the license, and the drafter is not familar with license drafting. 

The license is indeed vague and messed up: as I already stated, I
dislike it...


Again, my disclaimers are: IANAL, TINLA, IANADD, TINASOTODP.

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..................................................... Francesco Poli .
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