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Re: Patent clauses in licenses



On Sun, Sep 19, 2004 at 03:50:26PM +0100, Matthew Garrett wrote:
> Andrew Suffield <asuffield@debian.org> wrote:
> > On Sun, Sep 19, 2004 at 01:14:42PM +0100, Matthew Garrett wrote:
> >> So your belief that the GPL is free is entirely based on a belief that
> >> RMS is wrong, and your belief that RMS is wrong is based on an absence
> >> of something happening?
> > 
> > No, it's based on the paragraph which you oh-so-convinently deleted.
> > 
> > Don't play bullshit games.
> 
> In general, we respect the interpretation of licenses that the license
> author and copyright holder wish to enforce. We may not always agree
> with it, but we tend to respect it (see the Pine case, for example). You
> have come up with an argument for why you believe RMS to be incorrect,
> but you have come up with no argument for why we should act on your
> interpretation.

I do not see a need to argue that it is worthwhile to discard
non-compelling attempts to declare the GPL non-free, especially when
the copyright holder has frequently demonstrated that they're just
generating noise. We do not respect them when they make absurd claims
about interpretation. Reiser is a good example.

> >> > The clause you are referring to in the Apache License 2.0 has no
> >> > effect on software without patents, due in large part to the efforts
> >> > of -legal. It's probably non-free when applied to software with
> >> > patents and enforced. This isn't particularly surprising; "software
> >> > patents are non-free" is more or less a given.
> >>=20
> >> Enforced against whom?
> > 
> > Doesn't matter.
> 
> So a single enforcement action of a patent at some point in the past
> should result in us treating that software as non-free? How about
> patents that are only enforced in certain countries? I'm actually
> genuinely interested in this. Our track record on dealing with patented
> code isn't entirely consistent. We probably ought to make that clearer.

I can't think of anything else that makes sense. If they've enforced
it once then they'll do it again; our stance on patents is largely
based on the assumption that they *never* will.

Besides, everybody is a potential Debian user; it has to be free for
all of them.

> >> > This indicates that a proprietary license is free if the software is
> >> > useful enough. Therefore it's wrong.
> >>=20
> >> I'm sorry, I honestly don't see how you get to that conclusion.
> > 
> > You said that a restriction is free if it protects free software more
> > than it hinders it. Therefore any license is free if it is in some way
> > sufficiently useful to free software, regardless of what restrictions
> > it introduces. You have introduced the notion that restrictions can be
> > excused.
> 
> In order to be interesting in this case, the restrictions must have the
> aim of helping free software. The usefulness or otherwise of the
> software is completely irrelevent. Sorry, I though that was clear from
> context.

So a restriction is free if it says that you can only have a license
to the software in exchange for releasing software under a free
license valued at a minimum of £20k (insert some arbitrary valuation
scheme in here)?

How about one that says you can have a license in exchange for a
donation of £300 to Debian, or the FSF?

> >> We don't consider that to be a problem because we believe that
> >> the right to receive GPLed code with no further restrictions is more
> >> important than the right to, say, produce a derived work of GPLed code
> >> and OpenSSL.
> > 
> >=2E..the SSLeay license, part of OpenSSL, which has a clause that was
> > written for the explicit purpose of hindering combination with GPLed
> > works.
> 
> So the SSLeay license has a restriction that hinders free software? Your
> argument appears to imply that we should consider this non-free.
> Instead, we appear to have decided that the restriction doesn't hinder
> the freedoms that we consider important.

Again you have deleted the relevant paragraph where I answered this.

> >> My suspicion is that if we were writing the DFSG today
> >> rather than in 1997, we wouldn't have any significant qualms about
> >> accepting licenses which restricted your ability to use software patents
> >> against the developers.
> > 
> > I'm pretty sure that we'd include a clause to explicitly prohibit it.
> 
> I can't see any evidence whatsoever that there's a strong majority who
> would agree with that.

Then I can't see any evidence that there's a strong majority
supporting your attempt to hand over control of free software to large
corporations.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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