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Date:      Mon, 27 May 2024 06:52:07 -0700
From:      Chris <portmaster@bsdforge.com>
To:        Tatsuki Makino <tatsuki_makino@hotmail.com>
Cc:        Daniel Engberg <daniel.engberg.lists@pyret.net>, David Wolfskill <david@catwhisker.org>, freebsd-ports@freebsd.org
Subject:   Re: [Maintainer] Help determining proper LICENSE for x11-wm/piewm?
Message-ID:  <31f1e03a487d7eb51d31708a6e049039@bsdforge.com>
In-Reply-To: <SI2PR01MB5036535FAFBBCEE88340EA52FAF02@SI2PR01MB5036.apcprd01.prod.exchangelabs.com>
References:  <ZlKe9b14G5WqR18g@albert.catwhisker.org> <75509267a0aa1d26562be79e8dcee41f@mail.infomaniak.com> <SI2PR01MB5036535FAFBBCEE88340EA52FAF02@SI2PR01MB5036.apcprd01.prod.exchangelabs.com>

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On 2024-05-26 20:57, Tatsuki Makino wrote:
> Hello.
> What I say may turn out to be bullshit :)
> 
> In short, it doesn't matter what the license is, it's how it controls
> 
> Can the FreeBSD installer include built packages?
> Can packages be included on FreeBSD installer disks sold on the FreeBSD Mall 
> (
> https://www.freebsdmall.com/ ) ?
> When the distfile fails to download, can it be downloaded from 
> MASTER_SITE_BACKUP?
> 
> If there are no matching licenses, I think we can concoct new licenses and 
> control them.
> I don't know if it's just a good example, but I think
> print/epson-inkjet-printer-escpr2 is applicable to the example where the 
> license
> clause is included in the distribution file, and audio/libamrnb is 
> applicable to
> the example where the license clause is not included in the distribution 
> file.
> 
> It's a surprisingly difficult part that needs to be done accurately, so if 
> I'm
> saying something wrong, please point it out right away :)
> 
> Regards.
I think you site 2 excellent examples. But in the end, isn't the onus upon 
the
creator(s) of the software/source to clearly site TOU -- terms of use?
IOW with reasonable diligence, which might be a cursory look through the 
source,
in an effort to find those terms. 1) Should that search return a clear 
answer; fine,
problem solved. 2) Should that search turn up multiple options, with no clear 
answer/
winner. Choose any, or a text description summarizing the overall (perceived) 
intent.
3) Should that search return no results. Choose TOU/LICENSE UNKNOWN.

Point being; a producer of an app/software should/can  not require an 
end-user/distributor
to be well-versed in the prevailing law(s) of their place of citizenship. Nor 
to be an
attorney/barrister, in order to use their software. Unless, of course, it is 
only
intended for such use.

So the answer is clearly best/reasonable effort on the individual in 
possession of
said software/source. Best, or Reasonable is in the interpretation of the 
individual
in possession of said software/source.

--Chris



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