Re: license advice

[Andrew Shadura]

Hello,

On Tue, 9 Apr 2013 08:57:48 +0800
Paul Wise  wrote:

> The only requirements for non-free are that Debian, our mirrors and CD
> distributors can distribute the software. Since it is pretty easy to
> become a Debian mirror or CD distributor and anyone can do it, that
> means there needs to be a public gratis distribution license, which
> sounds like it goes against their business models too?

Linux version is supposed to be freely redistributable as far as I
know, so this isn't a problem. The problem is exactly how to formulate
the license in question to make that easier, because what they have now
surely doesn't allow redistribution. Which is why I've asked here so
others could possibly highlight the parts causing troubles.

-- 
WBR, Andrew


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Re: license advice

[Paul Wise]

On Mon, Apr 8, 2013 at 9:46 PM, Andrew Shadura wrote:

> There's a project which isn't free software nor is it open-source (as
> they haven't found a monetisation model which would allow them to open
> the sources), but they'd like be able to have it in non-free section.
> They've asked me to give them ideas on what to change in their current
> EULA to make that possible.

Their primary distribution channels are the usual suspects in mobile
(iOS, Android, Amazon, Samsung stores). I would suggest that most
users of these services are not going to have the skill-set required
to compile their apps from source. So their income streams from these
channels are pretty safe and there is no reason not to release the
source under a free software license. The only problem with that model
is accepting contributions from the community could be problematic if
choosing the GPL/LGPL. Other licenses would work though. I would
strongly encourage them to reevaluate the market for their software,
especially the piracy side of things.

> So I'd like to ask someone to review the license (I've attached the
> file they gave me) and give me advices on what it'd be good to change.
> Please comments on everything — not sure every change will be accepted
> by them, but more problematic things we'll have here discussed, more
> possibilities to change them.

The only requirements for non-free are that Debian, our mirrors and CD
distributors can distribute the software. Since it is pretty easy to
become a Debian mirror or CD distributor and anyone can do it, that
means there needs to be a public gratis distribution license, which
sounds like it goes against their business models too?

>From the EULA it sounds like there is some sort of DRM, is that the case?

--
bye,
pabs

http://wiki.debian.org/PaulWise


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Re: license advice

[Steve Langasek]

Hi Andrew,

On Mon, Apr 08, 2013 at 03:46:01PM +0200, Andrew Shadura wrote:
> There's a project which isn't free software nor is it open-source (as
> they haven't found a monetisation model which would allow them to open
> the sources), but they'd like be able to have it in non-free section.
> They've asked me to give them ideas on what to change in their current
> EULA to make that possible.

> So I'd like to ask someone to review the license (I've attached the
> file they gave me) and give me advices on what it'd be good to change.
> Please comments on everything — not sure every change will be accepted
> by them, but more problematic things we'll have here discussed, more
> possibilities to change them.

I haven't reviewed the attached license, for a simple reason - an EULA is
*not* a distribution license.  In order to be included in non-free, we must
have a license that permits us (and our mirrors) to freely redistribute the
software over the Internet, without any requirement to agree to a license
*at all* as a precondition (because we can't agree on our mirrors' behalf,
and the mirror operators will never see this license).

So you can have any use restrictions you want in the license on a package in
non-free (provided you can find a DD willing to upload it), but you *must*
have a license for distribution that's separate from any EULA.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: License advice: LPPL with additional restrictions

[Frank Küster]

MJ Ray <[EMAIL PROTECTED]> wrote:

>>   - You inform us that you created a changed version of the files.
>> This is only necessary if you want to distribute it to others.
>
> Phone home clause. Take your pick from DFSG 1, 6 or whatever else
> you feel it breaks most.

Sorry - I didn't even read so far, it seems.  If I had, I'd asked
differently. 

Regards, Frank
-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)

Re: License advice: LPPL with additional restrictions

[MJ Ray]

=?iso-8859-1?q?Frank_K=FCster?= <[EMAIL PROTECTED]>
> hope to be able to convince him to drop the additional restrictions
> (should he be reachable) - but before I do that I'd like to make sure
> that the additional restrictions are in fact a problem, and not only
> just an inconvenience, and which of them.=20

The simplest way would be for the second licence to be restated as
instructions on one way to comply with the licence.

At a quick glance:

>   - You make sure that the changed versions contain a notice that
> prevents others to take money for distribution or use of your
> files, i.e. they have to be distributed under the restrictions
> mentioned in this file.

Discrimination against commerce (DFSG 6)

>   - You inform us that you created a changed version of the files.
> This is only necessary if you want to distribute it to others.

Phone home clause. Take your pick from DFSG 1, 6 or whatever else
you feel it breaks most.

[...]
> | IMPORTANT NOTICE:
> |
> | You are not allowed to change this readme file.

Take your pick. DFSG 3?

-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
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