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Re: Emacs Installer for MS Windows


From: Stephen J. Turnbull
Subject: Re: Emacs Installer for MS Windows
Date: Thu, 05 Aug 2004 11:05:47 +0900
User-agent: Gnus/5.1006 (Gnus v5.10.6) XEmacs/21.5 (chayote, linux)

>>>>> "Stefan" == Stefan Monnier <address@hidden> writes:

    Stefan> PS: Another request: make sure the installer does not
    Stefan> require to agree to the GPL before installing.  You can
    Stefan> put a blurb about "this is GPL'd isn't that grand", but
    Stefan> don't put one of those silly "you have to agree to the
    Stefan> licence before I can continue" thingies since the GPL is
    Stefan> irrelevant to the user's right to install and run the
    Stefan> software.

If that's true, sections 11 and 12 of the GPL are irrelevant, too?

I've never liked the "'running the program' and 'suing the copyright
holders and distributors' are outside of the scope of this license
[but if you do run the program, despite saying we weren't going to
impose such conditions, we are anyway going to impose the condition
that you not sue us]" wording in Section 0; it belongs in the
Preamble.  I hope a reasonable judge would rule that the clear intent
is explanation of the basic scope of a copyright license, not to give
up certain special rights of self-defense that the copyright entails.

However, intentionally omitting this chance to get the user's
agreement just props that door wide open again.

I suspect that there may be legal obligations (eg, the contract with
ETL, and maybe even the assignments) on the part of the FSF to avoid
this.

IANAL, but I hope somebody asks a real one before omitting it.

-- 
Institute of Policy and Planning Sciences     http://turnbull.sk.tsukuba.ac.jp
University of Tsukuba                    Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
               Ask not how you can "do" free software business;
              ask what your business can "do for" free software.




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