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Re: Bug#964815: it looks like dprof2calltree cannot be distributed with a GPL-2 work



Hi,

Il 11/07/20 00:33, Nicholas D Steeves ha scritto:
> It fails the "desert island test" because
> 
> 1. Any mention of the features or use of this software requires 
> user-facing display of the text "This product includes software 
> developed by OmniTI Computer Consulting".
> 
> 2. OmniTI Computer Consulting's name cannot be used to "without
> specific prior written permission"

Clearly point 2 cannot be interpreted in a maximalist way: I can very
well use the name "OmniTI Computer Consulting" to mention that entity
and factual information about it. What that clause means is that I
cannot misappropriate that name, pretending to speak on their behalf, or
using that name for other entities.

For example, although both Microsoft and Windows are pretty probably
trademarks, I can very well say that "Windows is a product by
Microsoft", and also "Windows is a terrible operating system". These
sentences are perfectly legal without any authorization by Microsoft.
The prohibited usage is to put the name "Windows" on a Debian
installation medium and distribute it pretending it is Windows (unless I
have an authorization by Microsoft).

So writing "This product includes software developed by OmniTI Computer
Consulting" is perfectly fine (if it is true). It's just a factual
statement. After all, I don't think you asked for "specific prior
written permission" to OmniTI Computer Consultant before writing your
email, though you mention them in it.

Therefore, I don't think your point 2 is of any problem.

Also, I believe that the explicit request (as per the license text) to
mention the contribution by OmniIT Computer Consulting's name must be
interpreted as a permission to do so. It is also specific (for that
particular purpose), prior and written.

So I don't believe there is any conflict between these two points.

Giovanni.
-- 
Giovanni Mascellani <g.mascellani@gmail.com>
Postdoc researcher - Université Libre de Bruxelles

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