Steve Langasek wrote:
> On Thu, Jul 22, 2004 at 04:34:33PM -0700, Josh Triplett wrote:
>>Would you might clarifying what that grounding is (or pointing me at a
>>particular message that does so)?  I'm currently drafting the second
>>draft of the QPL summary, and that's one of the few things I'm still
>>working on: a well-grounded justification from the actual text of the
>>DFSG.
> 
> Choice-of-venue is discriminatory against large classes of people, those
> who live far away and don't have the means to contest a suit over long
> distances.  If, as Sven argues, this is actually a null clause under
> French law, then it's a license blemish rather than a DFSG problem, and
> should be removed for clarity.

I was more looking for the clear DFSG justification against "must send
changes upstream", which you explain below; thank you.

>>The "fee" angle seems nebulous, and hard to justify; I more-or-less
>>agree with it, but I need a clear way to justify why it is only a
>>"royalty or other fee" if it is "paid" to the upstream developer, and
>>not if it is "paid" to someone you are already distributing the
>>software to.
> 
> Do you disagree with the definition I've advanced in earlier messages,
> that a fee is something given in *exchange* for a license?

I apparently just forgot it in the flood; thanks for pointing it out
again.  Of course, that definition would mean that DFSG1 doesn't cover a
license that says you must distribute a dollar along with any copy, but
that's a minor issue, and to my knowledge, no such license exists yet.

I think I will go with that justification, and link to your original
message with that definition; thank you.

- Josh Triplett

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