Re: EULAs and the DFSG

2002-12-28 Thread Branden Robinson
On Tue, Dec 10, 2002 at 06:49:28PM -0800, Thomas Bushnell, BSG wrote: Branden Robinson [EMAIL PROTECTED] writes: On Fri, Dec 06, 2002 at 08:51:52AM +, Andrew Suffield wrote: If I illegally acquire the program, I don't have usage rights, AIUI. Under traditional U.S. copyright law

EULAs and manifestations of assent [was: EULAs and the DFSG]

2002-12-10 Thread Branden Robinson
On Wed, Dec 04, 2002 at 05:34:09PM +, Andrew Suffield wrote: Sure. EULA is marketdrone speak for a license permitting actions involving a copyrighted work. I disagree. I think EULA is marketdrone speak for a device to impose provisions of civil contract upon a work that is also

Re: EULAs and the DFSG

2002-12-10 Thread Branden Robinson
On Fri, Dec 06, 2002 at 08:51:52AM +, Andrew Suffield wrote: If I illegally acquire the program, I don't have usage rights, AIUI. Under traditional U.S. copyright law (the DMCA notwithstanding), there is no such think as illegal acquisition. Just tortious or illegal distribution. For

Re: EULAs and the DFSG

2002-12-06 Thread Andrew Suffield
On Thu, Dec 05, 2002 at 02:51:34PM -0500, Brian T. Sniffen wrote: On Thu, Dec 05, 2002 at 04:56:10AM +0100, Sunnanvind Fenderson wrote: This is very different from EULAs because with them the end user gets *less* rights that normally given by copyright The rights normally given by

Re: EULAs and the DFSG

2002-12-05 Thread Richard Braakman
On Wed, Dec 04, 2002 at 08:04:29PM +, Edmund GRIMLEY EVANS wrote: It looks to me like a possible case of being free but not distributable by Debian: because anyone distributing it would have to make people agree to the EULA, which would mean you couldn't just put it on an ftp server or

Re: EULAs and the DFSG

2002-12-05 Thread Andrew Suffield
On Thu, Dec 05, 2002 at 04:56:10AM +0100, Sunnanvind Fenderson wrote: Jakob Bohm [EMAIL PROTECTED] writes: Click agree to accept this license and the lack of warranty. Click decline to not use, copy or distribute this software. The main problem is that that's simply not true - you _can_

Re: EULAs and the DFSG

2002-12-05 Thread Steve Langasek
On Thu, Dec 05, 2002 at 07:20:47PM +, Andrew Suffield wrote: Ah. I see your confusion now. You really can't legally use the software without accepting the license, but the GPL imposes no conditions upon your acceptance of paragraph 0 which grants you usage rights. You could call this

Re: EULAs and the DFSG

2002-12-05 Thread Brian T. Sniffen
Andrew Suffield [EMAIL PROTECTED] writes: On Thu, Dec 05, 2002 at 04:56:10AM +0100, Sunnanvind Fenderson wrote: This is very different from EULAs because with them the end user gets *less* rights that normally given by copyright The rights normally given by copyright are virtually nil; you

Re: EULAs and the DFSG

2002-12-04 Thread Martin Wuertele
* Glenn Maynard [EMAIL PROTECTED] [2002-12-04 10:46]: On Wed, Dec 04, 2002 at 12:21:29AM -0500, David B Harris wrote: I suspect (though I could be wrong) that the the problem is that if it's an EULA, in that the user must agree to it before using the software in question, we have to force

Re: EULAs and the DFSG

2002-12-04 Thread Sunnanvind Fenderson
Glenn Maynard [EMAIL PROTECTED] writes: And if they put users through a click-wrap license, but don't require it on redistribution, there seems to be no point. I have trouble figuring out clause 2 in the APSL, specifically point 2.2.c. (I've seen some slightly confused Windows installers for

Re: EULAs and the DFSG

2002-12-04 Thread Edmund GRIMLEY EVANS
Martin Wuertele [EMAIL PROTECTED]: Besides that there are countries like Austria where click-through licenses are not legally binding. It's not clear to me whether you're talking about a web page that asks you to agree to some terms before downloading the software, or a program that asks you

Re: EULAs and the DFSG

2002-12-04 Thread Martin Wuertele
* Edmund GRIMLEY EVANS [EMAIL PROTECTED] [2002-12-04 11:40]: It's not clear to me whether you're talking about a web page that asks you to agree to some terms before downloading the software, or a program that asks you to agree to some terms before continuing. The former looks like it might

Re: EULAs and the DFSG

2002-12-04 Thread Andrew Suffield
On Wed, Dec 04, 2002 at 03:11:25AM +0100, Sunnanvind Fenderson wrote: Anyone willing to clear things up? Sure. EULA is marketdrone speak for a license permitting actions involving a copyrighted work. It's the content of those licenses that matters. Any association you may have between the term

Re: EULAs and the DFSG

2002-12-04 Thread Sunnanvind Fenderson
Andrew Suffield [EMAIL PROTECTED] writes: On Wed, Dec 04, 2002 at 03:11:25AM +0100, Sunnanvind Fenderson wrote: Anyone willing to clear things up? Sure. EULA is marketdrone speak for a license permitting actions involving a copyrighted work. It's the content of those licenses that

Re: EULAs and the DFSG

2002-12-04 Thread Edmund GRIMLEY EVANS
I'm trying to think of a vaguely plausible use for an EULA with free software ... Suppose you want to force people to publish the source when they use the software to drive a publicly accessible web server. This condition would still be DFSG-free, I think, but you can't enforce it with a pure

Re: EULAs and the DFSG

2002-12-04 Thread Mark Rafn
On Wed, 4 Dec 2002, Edmund GRIMLEY EVANS wrote: I'm trying to think of a vaguely plausible use for an EULA with free software ... I tried very hard last time this issue came up and failed to find any where the software would still be considered free and the EULA had any effect at all.

Re: EULAs and the DFSG

2002-12-04 Thread Edmund GRIMLEY EVANS
Mark Rafn [EMAIL PROTECTED]: Suppose you want to force people to publish the source when they use the software to drive a publicly accessible web server. I think it would be unfree, and probably even undistributable by Debian in non-free (we're not going to require an EULA to receive a

Re: EULAs and the DFSG

2002-12-04 Thread Jakob Bohm
On Wed, Dec 04, 2002 at 12:33:34PM -0800, Mark Rafn wrote: On Wed, 4 Dec 2002, Edmund GRIMLEY EVANS wrote: I'm trying to think of a vaguely plausible use for an EULA with free software ... I tried very hard last time this issue came up and failed to find any where the software would

Re: EULAs and the DFSG

2002-12-04 Thread Sunnanvind Fenderson
Jakob Bohm [EMAIL PROTECTED] writes: Click agree to accept this license and the lack of warranty. Click decline to not use, copy or distribute this software. The main problem is that that's simply not true - you _can_ use the software without accepting the license[1]. If you want to copy or

EULAs and the DFSG

2002-12-03 Thread Sunnanvind Fenderson
I started thinking on the Apple license again. Unlike the GPL, which is a copyright license, it appears to be an end user license agreement which you have to agree with prior to downloading the code or something like that. As far as I can see, this has the potiential for violating FSF freedom

Re: EULAs and the DFSG

2002-12-03 Thread David B Harris
On 04 Dec 2002 03:11:25 +0100 Sunnanvind Fenderson [EMAIL PROTECTED] wrote: I started thinking on the Apple license again. Unlike the GPL, which is a copyright license, it appears to be an end user license agreement which you have to agree with prior to downloading the code or something like

Re: EULAs and the DFSG

2002-12-03 Thread Glenn Maynard
On Wed, Dec 04, 2002 at 12:21:29AM -0500, David B Harris wrote: I suspect (though I could be wrong) that the the problem is that if it's an EULA, in that the user must agree to it before using the software in question, we have to force them to agree to it before using it. We can't guarantee