David Nusinow writes: >On Tue, Jul 27, 2004 at 11:52:42PM -0400, Glenn Maynard wrote: >> It can help, though. There are multiple discussions going on here: >> 1: "does DFSG#1 only prohibit fees, or other stuff, too? What's a >> fee? Where's my dictionary?"; and 2: "is choice of venue an onerous >> restriction?" I believe #2 is the important question, and that #1 is >> rules lawyering, a waste of time. We might be able to reduce #1 with >> modifications like these, making it clear that: no, this isn't a bright >> line test, and yes, judgement is required. > >Indeed. Perhaps a more organized body of "caselaw" as it were would help >provide better judgement. Wading through mounds and mounds of posts over the >years makes it difficult to provide evidence from prior experience for >judgement. The FAQ is good obviously, but maybe a sort of collection of final >summaries would be helpful?
A problem is that there is no mandate or attempt to make final decisions on some of the more controversial license clauses like choice of venue. Until these can be demonstrably, unarguably tied to the DFSG (that all the DDs have agreed to stand by), the "caselaw" has very little use. The rambling threads in -legal that discuss some of these points often have very little weight, neither with the rest of the project nor with upstream developers. The fact that this very thread has seen a claim of conensus due to simple numbers when several of the listed participants are not DDs (to my knowledge) bothers me a great deal. >> I don't think these types of amendments are what David and Steve M have >> in mind, though; I think they're aiming to reduce #2, as well, and that's >> hard to do without either special cases, or new generalizations that may >> backfire. > >I feel like there has to be a way to do it properly without simply saying "no >choice of venue clauses are allowed." Why are they not allowed, and what other >sorts of clauses could this reasoning be applied to? I think the answers to >these questions are the key to the problem. Quite. -- Steve McIntyre, Cambridge, UK. [EMAIL PROTECTED] Mature Sporty Personal More Innovation More Adult A Man in Dandism Powered Midship Specialty
