[License-review] For Legacy Approval: TOPPERS License

Yutaka MATSUBARA yutaka at ertl.jp
Fri Jun 12 23:38:00 UTC 2015


Hello Gerv,

On 6/12/15 07:48, Gervase Markham wrote:
> On 11/06/15 17:31, Yutaka MATSUBARA wrote:
>> We believe this is not discrimination. If it is discrimination,
>> the clause for conveying the corresponding source code in GPLv2 Section
>> 3 and GPLv3 Section 6 can be also discrimination against people who
>> cannot follow these texts.
>
> That's not so. The clause in e.g. GPLv2 section 3 only requires source
> to go where the binaries go. It is assumed that if you are capable of
> sending someone data packet A (the binary), you can send them data
> packet B (the source) also.

I know that GPLv2 section 3 and TOPPERS License (3)(b) are not exactly 
same requirements. But, situations of users who have to convery or 
report are similar.

 > It is assumed that if you are capable of
 > sending someone data packet A (the binary), you can send them data
 > packet B (the source) also.

This assumption is not permanently guaranteed. For example, after you 
distribute data packets A on the web, you move to a desert island. 
Then, you may be unable to convey data packet B there. Does this 
prevent you from using/modify the software or moving?

So, I believe that if GPLv2 Section3 and GPLv3 Section 6 are not 
discrimination, TOPPERS lisence (3)(b) can be also approved as 
non-discrimination.

Thanks,
Yutaka

> Problems arise, however, in two related situations.
>
> Firstly, a stipulation that data packet B has to be sent even if packet
> A is not sent. This happens with e.g. "if you modify this software at
> all, you have to tell me". This prevents someone on a desert island from
> modifying the software, and it's not free for them.
>
> Secondly, a stipulation that data packets A and B have to go to
> different places is problematic - because an ability to send data to A
> does not imply an ability to send data to somewhere else. This happens
> with e.g. "if you distribute modified copies to anyone, you must tell
> me/send me a copy". This prevents a closed community from modifying the
> software.
>
> Gerv
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