Re: Email servers

Andy Jackman <[email protected]> wrote:
> But you can install and modify qmail on a SERVER and then you can sell
> the server because djb cannot dictate what you do with your property.

Of course you can sell your own hardware.  But if distribution of
qmail accompanies that sale, then certainly DJB has a say in that
distribution.  Your right to sell your own hardware does not imply any
right to transfer arbitrary information along with it - military
secrets, kiddie porn, copyright violations, etc.  Those must be
considered on their own terms.  Just because one aspect of my action
is lawful, it does not follow that all aspects, and thus the action as
a whole, are lawful.

> If he had a clause that stated that his licence must be imposed on
> the buyer then it would be

The rights of the buyer aren't at issue.

Copyright law allows you to do certain things, and prohibits you from
doing certain other things.  DJB has partially waived his copyrights,
which means that you are allowed to do some of the things that you
would, by default, be prohibited from doing.  This license, such as it
is, certainly is imposed on the buyer, since it's imposed on everyone
- i.e., just like the seller, they are allowed to distribute
unmodified qmail (DJB waived the exclusive right to do that), and they
are prohibited from distributing modified qmail (normal situation
under copyright law, with no change from DJB) - but it's not relevant
here, since there's no question of whether the buyer is violating
DJB's copyright.

> if the software was legally installed on your property then it would
> be legally installed when you sell it to the buyer.

Only if qmail would not be modified, or if the sale and transfer of
the system to the buyer would not constitute "distribution".

It's not always clear what is "distribution", but it is clear that if
you are distributing, then modified qmail is prohibited, regardless of
what else may be going on at the same time, such as selling hardware.


paul