Re: Proposal for P2P disclaimer text

On Friday 19 March 2004 02:11, Andreas Pour wrote:
> Martin K=F6bele 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 =A70:  "[...]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=
=20
means is that Debian won't distribute it as free software, not that it's=20
in violation of the GPL. Debian devs like to get those two mixed up, it=20
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=20
KDE were to require me to actually use a license other than the GPL, I'd=20
be worried, even if it's only a more restrictive variant of the same (it'd=
=20
be unsupported by the FSF, for a start).

So here's my amended proposal. I stress again that this text is explicitly=
=20
tailored for the nature of the two applications in question, which are=20
_frontends_ for P2P software. If actual P2P software were to be hosted by=20
KDE at some point, the wording would have to be amended somewhat in order=20
to be valid.

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

=2D----

WARNING:  Peer-to-peer networks such as those which KMLDonkey's backend=20
software provides access to may contain material for which you may not=20
have the legal right to download or redistribute. It is your own=20
responsibility to verify that your use of this software does not violate=20
the copyright or intellectual property laws of the relevant jurisdictions.

RESTRICTIONS:  The authors of this software intend it to be used for the=20
lawful exchange of data, art, software and other documents or works which=20
may be lawfully distributed to third parties. The authors will not=20
support, and strongly discourage, any use of this software to violate=20
copyright or other intellectual property laws.  In particular, the authors=
=20
discourage any transmission of any material in violation of any applicable=
=20
intellectual property law or regulation.  Each user is assumed to comply=20
with such rules and restrictions as well as the rules and restrictions=20
applicable to the P2P networks or services connected directly or=20
indirectly to this software.

DISCLAIMER OF LIABILITY:  The authors of this software do not and cannot=20
exercise any control whatsoever over the content of the information=20
exchanged using this software.  The authors make no warranties of any=20
kind, whether expressed or implied, for the service this software is=20
providing or for the data exchanged with the assistance of this software.=20
The authors cannot be held responsible for any claims resulting from the=20
user's conduct and/or use of the software which is in any manner unlawful=20
or which damages such user or any other party.

=2D-=20
Petter E. Stokke <[email protected]> http://www.gibreel.net/
PGP key: http://www.gibreel.net/key.asc
=46ingerprint: 4FF3 12BD 692A 0FFF 984F  78DA 4776 81FB 1906 3A9F