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Re: Request for comment on license file



On Fri, 14 Feb 2014 04:39:45 +1100 Ben Finney wrote:

> Ben Finney <ben+debian@benfinney.id.au> writes:
> 
> > 3.  Redistributions in any form must be accompanied by information on how to obtain 
> >     complete source code for TORQUE and any modifications and/or additions to 
> >     TORQUE. The source code must either be included in the distribution or be available 
> >     for no more than the cost of distribution plus a nominal fee, and all modifications and 
> >     additions to the Software must be freely redistributable by any party (including 
> >     Licensor) without restriction. 
> 
> I missed this clause. This appears to be a custom-written attempt to
> turn a BSD-style license into a copyleft. The effectiveness of this is
> unknown until it's been examined properly by a copyright lawyer.

Hello Ben,
thanks for analyzing this license (again).

I don't know whether this clause can be really called an attempt to
implement a copyleft.
It seems to impose that all modifications and additions be licensed
under all-permissive terms.
In other words, it seems to force modifiers to grant far more
permissions over their modifications than what is granted by the
original authors over the original work.

I think this fails to meet (the second part of) DFSG#3.

Moreover, since the Torque is a derivative work of OpenPBS v2.3, the
license of which included a similar clause, it seems to me that
distributing Torque violates the license of OpenPBS v2.3.
Unless all the parts of Torque that differs from OpenPBS v2.3 are
licensed under all-permissive terms, which does not seem to be the
case...

Frankly speaking I cannot understand how Torque managed to be accepted
in Debian main...
For more details, please re-read the short thread where this issue was
discussed last time:
https://lists.debian.org/debian-legal/2012/01/msg00030.html

> 
> Far better would be for the copyright holder to license this work under
> well-known license terms understood to be an effective copyleft, like
> the GNU GPL <URL:https://www.gnu.org/licenses/gpl.html>.

I agree with your recommendation: the GNU GPL is a far better choice,
whenever a copyleft license is desired.
My personal preference goes to the GNU GPL v2:
http://www.gnu.org/licenses/gpl-2.0.txt

I hope this helps to solve this licensing mess once and for all.


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