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Re: BOINC: lib/cal.h license issue agree with the DFSG?



On Sun, Jan 03, 2010 at 12:01:15AM +0100, Andrew Dalke wrote:

> By that reasoning, if your cause is indeed just, and worthy, then I
> don't see why the same view doesn't apply to possible copyright suits.

Because I'm arguing from the position that modern copyright regime is, as a
whole, just, and that it's warranted for software authors to have limited
monopoly rights over their works.  If the copyright system is just, then
authors have a right to ask you not to use their works in violation of the
law, *even when that law is itself unjust*.  An ethical citizen engaged in
an act of civil disobedience should not have to worry about whether he's
violating the wishes of a copyright holder by using Debian in the process.

But this all follows directly from DFSG #6, anyway.  Licenses must not
discriminate against fields of endeavour to be considered free - even fields
of endeavour that are illegal.

> Who's to say that the copyright owner doesn't agree with you?

The copyright owner might agree with me, but that's DFSG #8 - if the
copyright owner gives me a personal license to use his software in acts of
civil disobedience that she agrees with, that's still not sufficient for
including the work in main.

> Or put it this way, if the software said "you may use this for illegal
> purposes" then that could be seen as promoting breaking the law.

That would be an absurd thing to put in a license, because *by default* your
compliance with the law is a matter between you and the state, not between
you and the copyright holder.  So the license can remain mute on the
question, as all DFSG-free licenses I've seen are.

> Otherwise I'm going to say that my not following the GPL is justifiable
> civil disobedience

Er, go ahead and say that, but then you're entirely missing the point.

> If the copyright owners of embedded software for vehicles, and of GPS
> systems, had the same clause, do you think they would be suing people for
> copyright infringement every time you went over the speed limit?

What I think is that the possibility that they *could* sue means such a
license fails the DFSG.

-- 
Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org

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