On Wed, 21 Feb 2007, David Nicol wrote:

On 2/21/07, Dave Rolsky <[EMAIL PROTECTED]> wrote:
Insisting on _a_ license is actually a really good idea. Absent an
explicit license, CPAN does not have the right to redistribute the
software, nor do mirrors.

that's nonsense.  CPAN is equipment, it is not an actor with moral compass.

Gee, thanks for the ad hominem!

I'm not sure what you mean by equipment. CPAN's equipment is owned by people, corporations, and other institutions. These are all legal entities that can be said to be distributing software uploaded via PAUSE. Just because that distribution is automated via code does not automatically absolve them of responsibility.

Now, it's possible that a CPAN mirror operator could make a legal argument that they should be not be held liable for carrying this content, but we don't know if that would hold water. I'd guess

Moreover, that still doesn't address the issue of end-user usability. If a a piece of software is basically unusable by anyone, because the license is gibberish (ala PerlBuildSystem), then why shouldn't CPAN remove it? There's no reason we shouldn't enforce some _minimal_ community standards here. CPAN is a service provided by people for free, and they have no obligation to host anything one could upload.

They may have violated their license themselves when they uploaded it.

The author can't really violate the license in a legal sense, though their upload may have unintended effects. The license is a grant of distribution and usage right. The author already has all possible rights, and is not bound by their own license.


-dave

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