On Fri, Jul 10, 2020 at 06:33:32PM -0400, Nicholas D Steeves wrote: > Hi Adrian, > > Adrian Bunk <b...@debian.org> writes: > > > On Fri, Jul 10, 2020 at 03:38:57PM -0400, Nicholas D Steeves wrote: > >>... > >> * Neither name of the company nor the names of its contributors may be > >> used to endorse or promote products derived from this software without > >> specific prior written permission. > >> > >> I'm not 100% certain that bundling dprof2calltree with kcachegrind > >> constitutes a "product[s] derived from this software", because I'm also of > >> the opinion that bundling != derivation, but it seems like a lawyer might > >> argue the it does. So kcachegrind and any distributions' package would > >> also need written persmission from OmniTI Computer Consulting. > >>... > > > > You are arguing the 3-Clause BSD License would be non-free? > > No, because dprof2calltree is modified 4-Clause BSD.
dprof2calltree uses a verbatim copy of 4-Clause BSD (except for filling the company placeholders). This clause is one of the 3 clauses that are identical in 3-clause and 4-clause BSD. > > On Fri, Jul 10, 2020 at 03:53:48PM -0400, Nicholas D Steeves wrote: > >>... > >> At the very least, it appears that the advertising clauses make > >> dprof2calltree not DFSG-free, > > > > It does not: > > https://www.debian.org/legal/licenses/ > > > >> because they fail the "desert island test". > >>... > > > > It does not. > > > > If you choose to advertise the use of this software on your desert > > island, you have to include the acknowledgement in your advertisement. > > It fails the "desert island test" because > > 1. Any mention of the features or use of this software requires > user-facing display of the text "This product includes software > developed by OmniTI Computer Consulting". > > 2. OmniTI Computer Consulting's name cannot be used to "without specific > prior written permission" > > The desert island does not have the paper snailmail service required to > fulfil #2 (4th clause of the license). The 4-clause BSD license is around for 30 years, everyone else (including the FSF[1]) does not interpret it the way you do that there would be a conflict between these two clauses. > Regards, > Nicholas cu Adrian [1] https://www.gnu.org/licenses/license-list.html#OriginalBSD