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Bug#148319: unreal-ircd: GPL program with a non-distributable clause in EULA



On Mon, 27 May 2002, Adam Conrad <adconrad@0c3.net> wrote...

: > From: Matt Hope [mailto:dopey@master.debian.org]
: > Sent: Monday, May 27, 2002 9:35 PM
: > 
: > On Mon, 27 May 2002, Mika Fischer <mf@debian.org> wrote...
: > 
: > : * Package name    : unreal-ircd
: > 
: > Last I checked, you needed to accept a AUP before being able to
: > download unreal-ircd. I didn't come to a conculsion if the AUP was
: > acceptable under DFSG.
: 
: From their download page:
: 
: "IF THIS SOFTWARE WAS DOWNLOADED FROM A LOCATION OTHER THAN THIS WEBSITE
: AND THROUGH THE STANDARD DOWNLOAD URL OR WAS DOWNLOADED USING A METHOD
: TO AVOID ACCEPTANCE OF THIS AGREEMENT NO RIGHTS SHALL BE GIVEN TO THE
: USER. 
: 
: By installing, using, distributing, downloading, or otherwise using the
: provided software you agree to be bound by this license agreement. If
: you do not agree to any of the terms stated in this agreement then you
: may not install, copy, distribute, download, or use this software."
: 
: This sounds like it can't be distributed, even in non-free.  The
: problem, of course, is that their source is actually licensed under the
: GPL (at least, that's the only license I can find in the tarball), so
: what we have here is some conflicting licensing.  This should probably
: be straightened out with the upstream folk before packaging.  The GPL
: kinda voids the silly EULA on the download page (by allowing free
: distribution), but the EULA also appears to void the GPL (by claiming
: that if you don't agree to it, you waive all licensing rights).
: 
: ... Adam

Thats what I meant by AUP (its actually a EULA, my apologies).

Back in the dark days, I was interested in packaging this.. I started
work about a week before this EULA appeared, saw the EULA, then gave
up.

As Adam suggests, this is probably best discussed with upstream
first. Good luck =)

Matt


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