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Re: Third party code license issue



On Sunday, March 04, 2012 01:56:09 AM Ben Finney wrote:
> "Medhamsh" <me@medhamsh.org> writes:
> > The upstream of adminer released it under Apache-2.0 but this third
> > party code has the Expat license text and after that another one-liner
> > which reads,
> > 
> > “The Software shall be used for Good, not Evil.”
> 
> This violates the DFSG §6. By declaring some fields of endeavour
> off-limits, the licensor is not granting the freedoms required for all
> Debian users.
> 
> As Paul Wise refers to in a linkes article, the clause is uselessly
> vague and creates the effect that the recipient *can't know* whether
> what they are doing is copyright violation. It's needlessly adding
> confusion to an already confused issue.
> 
> > The author is not willing to change that line. I want to have the
> > advice regarding this issue.
> 
> The best advice, given the refusal of JSmin upstream to change to a
> clearly free license, is to drop the dependency on JSmin. Ideally, work
> with your upstream to make the work fully functional without that
> library.

I do not think the authors of the DFSG intended to endorse the use of software 
for evil. And I don't think Evil is a "Field of endeavor". Most people know, 
or think they know, when they are doing evil. I also do not think the the 
distinction between Good and Evil is any more ambiguous than the term "field of 
endeavor".

But because of nihilism of our times, the courts are unlikely to interpret 
"Good and Evil". The clause should be taken as an exhortation rather than a 
legal requirement. In our times, those who favor Good over Evil should be 
encouraged rather than discouraged. They should be given every benefit of 
doubt.


-- 
Paul Elliott                               1(512)837-1096
pelliott@BlackPatchPanel.com               PMB 181, 11900 Metric Blvd Suite J
http://www.free.blackpatchpanel.com/pme/   Austin TX 78758-3117

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