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Re: licensed under GPL-2 but need to accept license dialog



Hideki Yamane <henrich@debian.or.jp> writes:

>  OBS (https://obsproject.com/) is licensed under GPL-2.

The specific grant throughout much of the code base at
<URL:https://github.com/jp9000/obs-studio/> is the standard
GPLv2-or-later text:

    This program is free software: you can redistribute it and/or modify
    it under the terms of the GNU General Public License as published by
    the Free Software Foundation, either version 2 of the License, or
    (at your option) any later version.
    […]

I haven't thoroughly searched for different grants in the code base (any
prospective maintainer needs to do just such a thorough search to get
all the different license conditions, and keep it up to date as it
continues to change upstream).

>  However, it needs to accept license dialog to use it when you start program.
>  Is it dfsg-free one? I think it would be like click-wrap software.

In short: this is DFSG-free, because the grant of license to the
recipient is not conditional on their acceptance. They may choose to
bypass the dialogue, and their freedoms are unaffected.

A considerate distributor would remove that “Accept” demand, and just
display the license without demanding anything from the user.

Since the distributor is themselves granted full license to modify and
redistribute, they already have explicit permission from the copyright
holder to remove that demand and redistribute the result.


The above grant is unilateral; the recipient has that license in the
work, whether they click “Accept” or not.

Since the grant tells us we have license under the conditions of the
GPLv2 “as published by the Free Software Foundation”, this question is
well understood:

    Can software installers ask people to click to agree to the GPL? If
    I get some software under the GPL, do I have to agree to anything?

    Some software packaging systems have a place which requires you to
    click through or otherwise indicate assent to the terms of the GPL.
    This is neither required nor forbidden. With or without a click
    through, the GPL's rules remain the same.

    Merely agreeing to the GPL doesn't place any obligations on you. You
    are not required to agree to anything to merely use software which
    is licensed under the GPL. You only have obligations if you modify
    or distribute the software. If it really bothers you to click
    through the GPL, nothing stops you from hacking the GPLed software
    to bypass this.

    <URL:https://gnu.org/licenses/gpl-faq.html#ClickThrough>

In other words, clicking “Accept” or not clicking doesn't change the
fact the license is granted to the recipient.

Any recipient can bypass the requirement, and they still have full
license under GPLv2.

Any recipient can modify the software in any way, including if they
choose to remove the demand to click “Accept”. They can then
redistribute that derived work under the same license.


What may be causing confusion on this issue is that GPLv2 has text
requiring the user be *notified* that they are granted license in the
software. GPLv2 §2c states:
    
    c) If the modified program normally reads commands interactively
    when run, you must cause it, when started running for such
    interactive use in the most ordinary way, to print or display an
    announcement including an appropriate copyright notice and a
    notice that there is no warranty (or else, saying that you provide
    a warranty) and that users may redistribute the program under
    these conditions, and telling the user how to view a copy of this
    License.  (Exception: if the Program itself is interactive but
    does not normally print such an announcement, your work based on
    the Program is not required to print an announcement.)

There is no requirement to demand the user *acknowledge* this, whether
by “Accept” or any other means.

-- 
 \         “The conflict between humanists and religionists has always |
  `\     been one between the torch of enlightenment and the chains of |
_o__)                          enslavement.” —Wole Soyinka, 2014-08-10 |
Ben Finney


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