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Re: GPL and LGPL not acceptable for Fedora!

Tom "spot" Callaway wrote:
> On Thu, 2007-08-16 at 14:56 +0200, Adel Gadllah wrote:
>> Hans de Goede wrote:
>>> GPL+, the version in the COPYING file is irrelevant.
>> this sounds wrong ... if the source says nothing and the copying says 
>> gplv2 it _is_ gplv2.
> COPYING does not signal licensing intent (it might not seem intuitive,
> but this is what Red Hat legal told us, and we're going by that).
> The order of operations goes like this:
> 1. What does the code say? If it specifies a version, that's what it is.
> 2. Does the code conflict with itself? (file1.c and file2.c are compiled
> together but have different licensing)
> 2A. Are the conflicting licenses compatible?
> 2AA. Does one license overpower the other one? (GPL/LGPL does this) If
> so, the strictest license wins.
> 3. What does the documentation say? This signals the author(s)
> intentions from a legal perspective, although, not as binding as in the
> source. If the documentation specifies a version when the source does
> not, then we can use the documentation as our source. NOTE: COPYING does
> not count as documentation, since the author(s) didn't write it.
> 4. If neither the source, nor the upstream composed documentation says
> anything about the license version, then it could be under _ANY_ version
> of the GPL. The version listed in COPYING is irrelevant from this
> perspective.

As a slight variant to this, the standard Tcl 'license.terms' file
contains the following boilerplate:

"The following terms apply to all files associated with the software
unless explicitly disclaimed in individual files."

Does this qualify as the same irrelevance as COPYING because it was not
written by the author?  Some Tcl packages (bwidget) contain only this
license file, but no reference to the license file in any of the source
files.  Shouldn't this still be enough to qualify the license as 'TCL'?



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