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Bug#690495: Prohibit click-through licenses or disclaimers



On Wed, Oct 17, 2012 at 03:41:54PM -0700, Josh Triplett wrote:
> On Wed, Oct 17, 2012 at 11:08:18AM +0200, Sune Vuorela wrote:
> > What's next? prohibiting 'tip of the day' kind of dialogs? First run wizards? 
> > Or warnings that this is a dangerous/experimental/developer/debugging tool 
> > that might eat your dog if you aren't careful?
> 
> I don't intend this as a slippery slope; I very specifically want to
> cover the types of annoyances mentioned in the above paragraph, which
> almost no software in Debian actually includes.  See the transmission
> bug I linked to in the original bug submission.
> 
> If you installed something from Debian main, I think you'd find it
> rather upsetting to run that software and get a prompt saying "By
> running this software, you agree that ..." with an "I Agree" button.
> This suggested policy change tries to cover cases like that; nothing
> more.

I agree. I think the consensus in Debian is that such click-through agreement
have no legal basis (at least as far as Debian main is concerned) so they are
are best misleading, so we should fix them by removing the misleading part
(e.g. by making it a simple disclaimer).
If upstream believe that doing so is creating liability for them, then we should
question whether upstream is comfortable with the right to distribute modified 
version in the first place.

Debian should not be an agent in propagating the myth of enforceability of 
click-through agreement in general and in particular when they can be 
contrary to DFSG 6. (No Discrimination Against Fields of Endeavor) and
7. (Distribution of License):

    7. Distribution of License
       The rights attached to the program must apply to all to whom the
       program is redistributed without the need for execution of an
       additional license by those parties.

The wording "By running this software, you agree that ..." is very close
to the execution of an additional license.

Cheers,
-- 
Bill. <ballombe@debian.org>

Imagine a larl here. 

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