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Re: Please give opinion about "Bug#509287: afio: license is non-free"



On Sun, 21 Dec 2008 01:00:16 +0100 Erik Schanze wrote:

[...]
> I got a Bug against package "afio" because of licence problems.
> Please see http://bugs.debian.org/509287.
> 
> There was already a similar Bug 9 years ago that was closed, after one
> person from this list gave his OK. 
> (http://lists.debian.org/debian-legal/1999/05/msg00162.html)

I don't quite agree with the ease the issue was handled with back in
1999...

> 
> But I think it's not that easy. It seems the clause is problematic.
> 
> There is an ongoing discussion on a Redhat list 
> https://bugzilla.redhat.com/show_bug.cgi?id=449037 and they excluded 
> the package already. There is an other blog on 
> http://www.kernelplanet.org/fedora/ that gave a summary of the current 
> situation.

If the license for (a part of) the package is, as stated:

   * ------------------------------------------------------------------
   *
   * License notice 1, covering part of this software package.
   *
   * [Covers the original 1985 afio code]
   *
   * Copyright (c) 1985 Lachman Associates, Inc..
   *
   * This software was written by Mark Brukhartz at Lachman Associates,
   * Inc.. It may be distributed within the following restrictions:
   *	(1) It may not be sold at a profit.
   *	(2) This credit and notice must remain intact.
   * This software may be distributed with other software by a commercial
   * vendor, provided that it is included at no additional charge.
   *
   *
   * [Note: it is believed that condition 5 of the Perl "Artistic
   * License" implies the intent of restriction (1) above.]
   *
   * --------

then I think there are some serious issues.

First off: restriction (1) seems to fail DFSG#1, as it forbids selling
the software package, even "as a component of an aggregate software
distribution".
The following exception does not help, IMHO, since it discriminates
against people who are not "commercial vendors" (DFSG#5): whatever that
may mean, I think at least some people will not qualify as "commercial
vendors".

Moreover: where's the permission to modify the software package?
The license seems to utterly fail to meet DFSG#3.

I personally think that afio should be moved to the non-free archive,
provided that it is deemed to be legally distributable (the attempt to
claim that the whole package is under a different license could even be
seen as a copyright violation, maybe).


What I wrote above is my own personal opinion, my usual disclaimers
apply: IANAL, TINLA, IANADD, TINASOTODP.

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