On Sat, Jan 28, 2006 at 04:01:30PM -0500, Raul Miller wrote: > On 28 Jan 2006 11:32:08 -0500, Michael Poole <[EMAIL PROTECTED]> wrote: > > I submit that, under this logic, fees to execute software or create > > derivative works are free since they are not mentioned anyhere in the > > DFSG. The usual response to this is that Debian would be restricted > > in doing things like porting software, fixing bugs, and so forth. The > > SC and DFSG make no mention of those tasks, either. > > I think that "people who use the software" constitutes a relevant group > of people for "The license must not discriminate against any person or > group of persons."
On that line of reasoning, "people who don't live in California" are, too. But we both know how weak arguing on DFSG#5 tends to be. I think the traditional argument is that restrictions on *use* of the software indicate an EULA, since simple copyright can not, in theory, restrict the use of software obtained legally. This implies that any license that restricts use requires a click-through license. Their implementation requires strict restrictions on distribution, to ensure that all recipients agree to it, and that falls widely afoul of DFSG#1. > I think "people who don't use the software" and "people who violate > the license terms" do not constitute relevant groups of people. I think "people the licensor alleges violate the license terms" are, however. > Furthermore, I don't think the problem with this license is a problem > with the license at all. It's that some people have a problem with > the licensor. I don't think anybody is claiming that choice of venue is only non-free for Adobe. > I don't think Adobe would want to expose themselves to that kind > of risk, so I think we can take this license at face value. Harrassing lawsuits are the extreme case. It's a similar problem with, for example, honest but incorrect claims. I don't see why the licensor should get to override the venue in *any* case where he's the one instigating the lawsuit. -- Glenn Maynard -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
