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List:       kde-policies
Subject:    Re: Proposal for P2P disclaimer text
From:       "Petter E. Stokke" <gibreel () project23 ! no>
Date:       2004-03-19 16:05:02
Message-ID: 200403191705.02285.gibreel () project23 ! no
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On Friday 19 March 2004 02:11, Andreas Pour wrote:
> Martin Köbele wrote:
> > after I just released Apollon 0.9.3 I asked a debian-developer to
> > update the repository. And I just had to learn that the proposed
> > suggestions (by Petter Stockke and Andreas Pour) violate the GPL.
> >
> > GPL §0:  "[...]The act of running the Program is not
> > restricted,[...]".
>
> It's amazing how much FUD Debian developers can spread.  Please do not
> listen to them on license issues, they don't understand squat.

It's easy to argue that it's in violation of the DFSG, though, but all that 
means is that Debian won't distribute it as free software, not that it's 
in violation of the GPL. Debian devs like to get those two mixed up, it 
seems.

> Moreover, as I pointed out earlier, the point of the text is to *amend*
> the license.  An amendment is never inconsistent with the license b/c it
> *amends* it.  I also noted in an earlier mail that if you need to be
> *pure GPL* (b/c of some clueless Debian developer) *and* you are linking
> to a GPL app, then you might make it precatory.

Indeed - I don't mind having to put a disclaimer into my software, but if 
KDE were to require me to actually use a license other than the GPL, I'd 
be worried, even if it's only a more restrictive variant of the same (it'd 
be unsupported by the FSF, for a start).

So here's my amended proposal. I stress again that this text is explicitly 
tailored for the nature of the two applications in question, which are 
_frontends_ for P2P software. If actual P2P software were to be hosted by 
KDE at some point, the wording would have to be amended somewhat in order 
to be valid.

And if this text is GPL incompatible, then I'm a Microsoft zealot. :P

-----

WARNING:  Peer-to-peer networks such as those which KMLDonkey's backend 
software provides access to may contain material for which you may not 
have the legal right to download or redistribute. It is your own 
responsibility to verify that your use of this software does not violate 
the copyright or intellectual property laws of the relevant jurisdictions.

RESTRICTIONS:  The authors of this software intend it to be used for the 
lawful exchange of data, art, software and other documents or works which 
may be lawfully distributed to third parties. The authors will not 
support, and strongly discourage, any use of this software to violate 
copyright or other intellectual property laws.  In particular, the authors 
discourage any transmission of any material in violation of any applicable 
intellectual property law or regulation.  Each user is assumed to comply 
with such rules and restrictions as well as the rules and restrictions 
applicable to the P2P networks or services connected directly or 
indirectly to this software.

DISCLAIMER OF LIABILITY:  The authors of this software do not and cannot 
exercise any control whatsoever over the content of the information 
exchanged using this software.  The authors make no warranties of any 
kind, whether expressed or implied, for the service this software is 
providing or for the data exchanged with the assistance of this software. 
The authors cannot be held responsible for any claims resulting from the 
user's conduct and/or use of the software which is in any manner unlawful 
or which damages such user or any other party.

-- 
Petter E. Stokke <gibreel@project23.no> http://www.gibreel.net/
PGP key: http://www.gibreel.net/key.asc
Fingerprint: 4FF3 12BD 692A 0FFF 984F  78DA 4776 81FB 1906 3A9F
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