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Re: "dissident test" has been proven wrong and should not be used any more



On Mon, Sep 24, 2012 at 10:04:22PM +0900, Osamu Aoki wrote:
> Hi,
> 
> On Mon, Sep 17, 2012 at 09:18:42AM +0900, Charles Plessy wrote:
> > Le Sun, Sep 16, 2012 at 01:25:21PM +0100, Steve McIntyre a écrit :
> > > Chris wrote:
> > > >
> > > >I think this clause in the license absolutely fails the dissident test
> > > 
> > > Please point to the DFSG section that mentions the "dissident test".
> > 
> > Hi Steve,
> > 
> > I think that the "dissident test" and others are indirectly mentionned to
> > everyone who wants to join Debian:
> > 
> > http://anonscm.debian.org/viewvc/nm/trunk/nm-templates/nm_pp1.txt?revision=1246&view=markup
> > 
> > 60 	PH7. How do you check if a license is DFSG-compatible?
> > 61 	
> > 62 	PH8. There are a few "tests" for this purpose, based on (not really) common
> > 63 	situations. Explain them to me and point out which common problems can
> > 64 	be discovered by them.
> 
> Agh ... who added this ... test should be done only to DFSG.  The
> proposed "dissident test" does not work and is proven to be wrong in
> some cases already.

DFSG 5, No Discrimination Against Persons or Groups

If I'm a freedom fighter (or, political activist in the middle east
right exactly now), I want to be able to use Debian to help work with my
other freedom fighters, without the gov't knowing I even have such
software.

If I change Tor slightly for our use, and distribute it as TorForkOne, I
don't want to have to put my real name, real anything.

If it just needs any name, fine, but not my real one.

It's not wrong, I think this is a perfectly great application of DFSG
point 5.

More simply, it checks for license that discriminates against people who
wish to not use their real name, for privacy or otherwise.

> 
> > I do not find these tests particularly useful, but as long as they are promoted
> > this way, we are likely to see people using them on this lit.
> 
> Some people (Henning Makholm et al.) were on debian-legal around 2003
> using this "dissident tests" to shoot down many non-GLP/BSD licenced
> packages.  Please note some of the casualities such as ipadic were later
> accepted to Debian main with some efforts.
> 
>   http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=641070
>   http://lists.debian.org/debian-legal/2011/09/msg00010.html
> 
> I hope my summary page gives good idea what has been. 
> 
>   http://wiki.debian.org/IpadicLicense
> 
> As I noted there, such extreme interpretation of license text can yield
> GPL2.0 to violate DFSG #5.
> 
> I think after he failed to shootdown OpenOffice for its licence, he
> became quiet.  If we followed such tests by him, we would not have
> LibreOffice either now.
> 
> > If you think they create more noise than signal, perhaps you or others can
> > consider asking for a change to the NM templates via a bug reported to
> > nm.debian.org.
> 
> I agree.
> 
> I think we should clean some wiki-pages holding such extreme positions.
> 
> Osamu
> 

kbai,
  Paul

-- 
 .''`.  Paul Tagliamonte <paultag@debian.org>
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