Re: drbdmanage EULA conforming to DFSG?
Am Freitag, den 09.12.2016, 14:08 +0100 schrieb Markus Frosch:
> Hey legal people,
> The DRBD upstream switched the license for one of their components
> "drbdmanage" from GPL to a special license (non-standard).
>
> I'm thinking about it would fit DFSG.
>
> Disclaimer: The software in particular is not available in Debian
> currently.
>
> License Name: DRBD MANAGE END USER LICENSE AGREEMENT
> Full Text: [1] (also attached)
>
> The license itself seems to be shaped around DFSG and other OSS
> licenses.
>
> Linbit even states in their FAQ [2] that:
>
> > Is DRBD Manage open source software?
> >
> > Yes, the license meets OSI’s Open Source Definition, it conforms
> > to Debian’s
> > social contract, it conforms to Ubuntu’s licensing policy and it is
> > within
> > Launchpad’s licensing conditions.
Oouch.
Can we ask them to stop claiming that, at least the Debian part?
IANAL but is the usage of "Debian" here also a trademark violation,
according to https://www.debian.org/trademark "You can NEVER use" §1
section?
(CC'ing the trademark team)
> I, myself, would consider the license non-free in terms of DFSG, due
> to this paragraph:
Not only this paragaph, I saw more WTFs among them... (e.g. if you make
modifications you have to waive all rights, even your copyright ->
§3.3..)
> > 3.4) Without prior written consent of LICENSOR or an authorized
> > partner,
> > LICENSEE is not allowed to:
> > [...]
> > b) provide commercial turn-key solutions based on the LICENSED
> > SOFTWARE or
> > commercial services for the LICENSED SOFTWARE or its
> > modifications to any
> > third party (e.g. software support or trainings).
>
> What's your opinion about that clause?
> Regards
> Markus Frosch
>
> [1] http://git.linbit.com/drbdmanage.git/blob/HEAD:/COPYING
> [2] https://www.linbit.com/en/drbd-manage-faq/
>
--
tobi
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