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Date:      Mon, 04 Jun 2001 14:48:49 -0700
From:      Nick Sayer <nsayer@quack.kfu.com>
To:        freebsd-stable@freebsd.org
Subject:   Chiming in on IPF
Message-ID:  <3B1C0241.9020904@quack.kfu.com>

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For me, the litmus test is whether or not the license meets the OSI 
definition (www.opensource.org//docs/definition.html).

At issue are points 3 and 4.

-----
3. Derived Works

The license must allow modifications and derived works, and must allow 
them to be distributed under the same terms as the license of the 
original software.

4. Integrity of The Author's Source Code

The license may restrict source-code from being distributed in modified 
form only if the license allows the distribution of "patch files" with 
the source code for the purpose of modifying the program at build time. 
The license must explicitly permit distribution of software built from 
modified source code. The license may require derived works to carry a 
different name or version number from the original software.
-----

My interpretation is that the most Darren could do to remain compliant 
with the OSD and still restrict the forking of IPF is to insist that 
derived works not be called IPF and insist that derived works be 
distributed in the form of the original IPF source and a bunch of patch 
files. In denying the right to fork IPF, the license violates clause 3, 
and therefore in my mind it is no longer 'open source'.

I won't get into the issue of past licenses on IPF and how they may or 
may not differ or whether the change may or may not be enforceable. But 
I think using the OSD as a minimal test for a license's acceptability in 
general is not a bad idea.


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