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List:       kde-policies
Subject:    Re: Proposal for P2P disclaimer text
From:       Andreas Pour <pour () mieterra ! com>
Date:       2004-03-20 3:16:55
Message-ID: 405BB7A7.9204309C () mieterra ! com
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"Petter E. Stokke" wrote:

[ ... ]

> 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.

Yes, though looking at "http://www.debian.org/social_contract.html#guidelines" I
see nothing inconsistent about use restrictions.  In fact, the guidelines
implicitly accept use restrictions by specifically banning use restrictions
which affect a particular field of endeavor (see "No Discrimination Against
Fields of Endeavor").
 
> > 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).

Why don't you get an indemnity from the FSF then?  Or what exactly do you think
the FSF will do for you if you, as an author, get sued?

> 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

Some nits below . . . And one bigger point.  If you do not get an indemnity then
it is possible that a user who gets sued by RIAA sues you.  If you are broke of
course that does not matter, but you never know . . . . And if an indemnity is
included in hindsight it should include the distributors as well (so nobody on
the distribution chain can be sued either by an infringing user).

> -----
> 
> 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.

WARNING:  Peer-to-peer networks, particularly those accessible via KMLDonkey,
may contain material which you may be legally prohibited from downloading or
redistributing.  It is your responsibility to verify that any material you
download from any peer-to-peer network is being made available to you lawfully. 
It is also your responsibility to verify that you have the legal right to
redistribute any material which you make available to others via any
peer-to-peer networks.  In short, it is your personal responsibility to verify
that you use this software in compliance with applicable copyright and other
intellectual property laws.

> 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.

I still think an indemnity would be prudent . . . .  But since I am not an
author who may be sued, I am comfortable with this :-).

Ciao,

Dre
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