On Sun, Oct 05, 2003 at 06:54:55PM -0400, Eric Sharkey wrote:
> > Well, that's a simplification. But Debian can modify the logo
> > to refer to something else, say goldfish, while other people cannot. So
> > the playing field isn't open, so it isn't DFSG-free.
>
> You are completely misrepresenting the point of DFSG 8.
I object to this accusation.
> For any work
> created by a copyright holder, and licensed for use to a user, the
> copyright holder is not bound by the license, but may do things which
> would violate that licesnse, including relicensing the work under any
> other terms he can think of.
True.
> DFSG 8 says that license terms can't say Debian can do something
> that other licensee's cannot, but this cannot apply to works for
> which Debian itself is the copyright holder.
>
> If this were true, for any work licensed under the GPL for which the
> copyright holder were Debian (as opposed to a particular developer),
> then this software would be considered non-DFSG free by clause 8
> since only Debian would have the right to re-license under a different
> license, such as BSD.
>
> This is absurd.
Of course Debian is in a privledged position with regards to the
software Debian owns. I would agree with your claim that this is absurd
if the Open Use license never mentioned the word "Debian" at all. It
says, however:
This logo or a modified version may be used by anyone to refer to the
Debian project, but does not indicate endorsement by the project.
Let's say that I am an artist in the employ of BAD DNA Inc., an
evil bioengineering conglomerate. I really like the font used by the
Debian Open Use logo, so I think I shall derive our new corporate logo
from the font used in Debian's. Some quick copy-pasting should do the
trick.
Uh oh. I can only modify the logo if I refer to the Debian
project. Although I am given the right to modify the work (satisfying
DFSG 3) I can only do so within a limited sense. I can't even change
the logo, as you suggested before in DFSG 4, to refer to BAD DNA. I am
at an impasse, and cannot modify the logo to suit my needs. And even if
I did modify my logo against the license, I cannot use it to refer to
BAD DNA. How is that free?
Now perhaps I picked DFSG 8 incorrectly. But do you not see how
onerous this restriction is?
Simon
