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by delotrag
104 days ago
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It is explicitly _not_ controlling what _users_ do. It is a restriction on _distributors_ of software. As a user of the software, you may use it for any purpose, modify it to your heart's desire, and even redistribute it. You just can't redistribute it and then refuse to give downstream users the same rights. That is not meaningfully a restriction unless you're trying to unjustly profit off the work of others. The copyright holder doesn't exercise control over users here. |
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Perhaps it would help if I mentioned that my objection stems from an overall revulsion at copyright and anti-piracy laws. It is hard for me to object to those and at the same time support the application of those same laws. I either accept the law being used this way by everyone (open source, bigcorp, bigmedia,etc...) or I don't.
Set it free, and if it was meant to be yours, it will come back!
In my opinion, the proper way to solve this is by requiring users agree to a non-distribution, and/or non-commercial use, prior to being allowed to download the open source software. And that agreement is strictly between the person publising it and the person downloading it. If I obtain a copy of it from someone else, I am not bound by the terms of that agreement. Another approach is to actually charge for the open source software for commercial use, yet allow downloading of the software (with a confirmation prompt for non-commercial use prior to download) free of charge. That way, the publisher has a commercial claim, loss of profit, something under tort law against whoever is using their code and profiting from it.
But even then, I don't get in what world a modification, which by definition is new original work that was added to the software, could be a thing the original author have any say over. If publishing software is speech, then that is compelled speech. and you're being coerced into speech, not because you agreed to any terms, but simply because someone put a license term in a file and presumed agreement to those terms, not by the person that obtained a copy from the publisher, but by absolutely anyone who happened to obtain a copy of that software.
My problem if it isn't clear, is that those same laws are used to control what people do with their software and devices in many other contexts. What's good for the goose and all..