Martin Quinson wrote:

> A new version of Scilab (a matlab-like program) is out, and they claim this
> version to be free. (for now, it is in the non-free part of debian)
> 
> http://www-rocq.inria.fr/scilab/license.txt
> 
> I would like to have your input on the DFSG complience of this
> licence.

[Oups.  Forgot to send to the list.]

It falls short on a few points.   Here's what I emailed them last
week, but I haven't heard back from them.

Peter

-cut-
To: [EMAIL PROTECTED]
Cc: Peter S Galbraith <[EMAIL PROTECTED]>
Subject: Re: Making Scilab free (as in speech) software 
Date: Tue, 27 Mar 2001 10:54:16 -0500
From: Peter S Galbraith <[EMAIL PROTECTED]>


Dr Scilab wrote:

> you wrote> Hello,
> you wrote> 
> you wrote> I'm wondering what the rational behind the redistribution
> you wrote> restrictions for scilab.  Free Software is more popular now than
> you wrote> ever, and I'm sure your needs could be met using a free license
> you wrote> (e.g. http://www.debian.org/intro/free)
> you wrote> 
> 
> Dear Peter,
> 
>       In our mind, Scilab has always been free software. that is
> why the source code is included in the package. Our license, for
> historical reasons, does not reflect this but this is going to change in the
> future release. 
> 
> Dr Scilab

Hello,

We had the above exchange in September 2000.  I was glad to see
version 2.6 appear on your servers, and downloaded to see what
the license was.

I'm happy that you made the license `freer', but I'm sorry that
it still falls short of Debian's Free Software Guidelines.  (You
might be surprised to hear this in fact!)  Perhaps you might
consider modifying it again to make it free?

The Debian Free Software Guidelines (DFSG) are listed here:

 http://www.debian.org/social_contract#guidelines

The scilab license fails on points 3 and 6:

 3- Derived works are not allowed to be distributed under the
    same terms as the license of the original software.

    The original work may be distributed, free of charge or for a
    fee, for any use (this is good).

    Derived works may not be distributed for a fee (even as a
    component of an aggregate software distribution containing
    programs from several different source) and they may not be
    distributed for commercial use (or distributed commercially?)

 6- Commercial use :  The license for derived works is a bit
    unclear, so maybe I interpreted it wrongly.  The license
    should not disallow commercial use of derived works.  But I
    think the license means to disallow commercial distribution,
    and not the eventual commercial use.  I'm not sure.

I understand that you might want to license scilab in such a way
to prevent a commercial entity from selling a closed-sourced
product derived from scilab.  If that is your wish, you may still
allow such commercial development as long as the derived works
are also distributed under the terms of the original license.  In
this way, any compagny selling an enhanced scilab could not stop
anyone else from redistributing a purchased copy freely, or from
modifying it again and redistributing that other derived product.
This is how the GPL works.  You can base a commercial product on
GPL software copyrighted by a third party, but you must allow
sell your commercial product under the GPL, which means the
purchaser can then give it away on the net, following the terms
of the GPL.

I hope you'll consider this email in the constructive spirit in
which I meant it.  Scilab is your software and you are free to
choose whatever license you want.  But if you meant it to be
free, I think it falls a little short of that.  Please feel free
to ask for clarifications.  I am not a lawyer, just a Debian
developer who would like to see scilab included in Debian
GNU/Linux's main archive.

Best regards,
-- 
Peter Galbraith, research scientist          <[EMAIL PROTECTED]>
Maurice Lamontagne Institute, Department of Fisheries and Oceans Canada
P.O. Box 1000, Mont-Joli Qc, G5H 3Z4 Canada. 418-775-0852 FAX: 775-0546
    6623'rd GNU/Linux user at the Counter - http://counter.li.org/ 

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