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Bug#317365: ..debian policy advice on the GPL etc as licenses or contracts, _should_ be in 2.1 and 12.5, is not.



Package: debian-policy
Version: 3.6.2.1
Severity: serious
Justification: ..long term litigation hazard.



...subject 'n justification 'n bug#317359 tells the story, 
further discussion can be found on Groklaw and likely d-legal 
too, the GPL is a license because it gives a permission to do 
something, such as distribution, on a certain condition, 
"also distribute the source."  

...no agreement, "just act on it or Face the Wrath of Copyright Law."


...Microsoft et al likes to confuse the legal issues by calling the
sales or renting contracts for their binaries, "End User License 
Agreement".  That very "Ok"-click agreement, makes it a contract.  

....contracts too can be enforced in court, "because we agreed."


....their long term strategic reason is profit from litigation etc 
when they fail to compete on their own merits.  

...to succeed in such litigation, license and "license agreement" 
confusion is needed, both in the media, in courts and, in the 
general public, the members of the legislature and the juries are 
drawn from there.


....unless we agree with Microsoft that the GPL is a contract, we should
clarify our position and policy as above, for the KDE guys, it's `just 
remove "Agreement" from those tabs, and leave "License" on them tabs', 
for other maintainers, there will be similar such wee oversights to fix,
and one such wee oversight is very reason I file this bug.  ;o)


...please add relevant advice on "the GPL etc as licenses or contracts under Debian Policy" to sections 2.1 and 12.5 of the Debian Policy Manual.




-- System Information:
Debian Release: testing/unstable
  APT prefers testing
  APT policy: (990, 'testing'), (500, 'unstable'), (500, 'stable'), (1, 'experimental')
Architecture: i386 (i586)
Shell:  /bin/sh linked to /bin/bash
Kernel: Linux 2.6.10-1-386
Locale: LANG=C, LC_CTYPE=C (charmap=ANSI_X3.4-1968)

-- no debconf information




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