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Re: a Free Platform License?

Le lundi 28 novembre 2011 à 16:19 -0500, Clark C. Evans a écrit :
> On November 26, "Hugo Roy" <hugo@fsfe.org> wrote:
> > > This license should prevent distributions which 
> > > specifically target a proprietary platform. 
> > 
> > No, you don't want to prevent distributions, that would 
> > be like taking away the freedom to distribute copies to 
> > specific people. That would not be free.
> I think the origin for this line thinking resides with 
> DFSG/OSI non-discrimination clauses and has very little
> do to with RMS's definition of free software. 

I am talking of the freedom to distribute copies of the program. If you
restrict that freedom to specific people that is clearly not free
software, and that is totally consistent with RMS' definition as well.

> 1. Lisa is a Free Software developer who releases 
>    her data visualization toolkit, Super Visual, 
>    under the GPL license.
> 2. John is a Proprietary developer from the planet 
>    Atlantis who publishes a closed source, but 
>    *freely redistributable* data processing library 
>    for Underwater Basket Weaving.

Of course not. They don't have copyright laws in Atlantis! :)

> 3. Zeek is an Atlantian, weaver & software programmer
>    who creates a novel program he calls Deepwater 
>    Basket, tightly integrating Lisa's GPL data 
>    visualization tool with Jon's non-free,

"tightly integrating" looks like it's a derivative work. I don't think
this is possible. Both would have to be under GPL terms. (That's not a

>  but 
>    freely-distributable processing library that 
>    everyone, I mean everyone uses.  Zeek wants to 
>    share like Lisa, so he puts his work under the GPL.

He can't put his work under the GPL… and this is true to anybody. He
cannot publish his modifications because he cannot put John's non-free
under the GPL.

> 4. Samantha is also a basket weaver, a very important
>    activity on the planet Atlantis, and she really 
>    wants to refine her underwater techniques and 
>    hence is very interested in obtaining a copy of 
>    Zeek's Deepwater Basket.

> Hence, we have to 
> conclude that by preventing distribution of this
> Deepwater Basket software, the GPL license is 
> a non-free license in disguise that viciously 
> discriminates against a field of endeavor, 
> Underwater Basket Weaving, and especially those 
> unfortunate souls on the planet Atlantis.

The GPL isn't preventing distribution. If the GPL was preventing
distribution, it would mean in the first place that Zeek has a legal
right to distribute a work of authorship. This right "comes" from
copyright (in the US), but in this precise example it would be a either:
 * a violation of copyright (John's copyright) if you pretend it's
	under GPL (or GPL-compatible license)
 * a violation of the GNU GPL (Lisa's copyright) if you distribute with
	the non-free library

There are no discrimination by the GPL: nobody is allowed to get this
program, because Zeek has no right under John's license to publish any
derivative work. That's where the non-free comes from; not the GPL.
Hugo Roy                           im: hugo@jabber.fsfe.org 
  French Coordinator               mobile: +33.6 0874 1341

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