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[BUG] TortoiseSVN installer - GPL is not an EULA

From: Jari Aalto <jari.aalto_at_cante.net>
Date: Sun, 20 Mar 2011 11:01:39 +0200


Thank you for the software.

There is one problem: a dialog box is presented requiring to accept
GPL license before the software can be installed. This is misleading
and incorrect use of GPL.

1) Please remove it
2) or adjust that phase.

Currently all of existing the choices: "I agree" and "I disagree", pose a
problem because GPL does not need to agreed on or diagreed on in order to
be able to run or install the software. In this regard GPL is not EULA.


By changing the button from "I Agree" to "Next" or "Continue" solves all
of the above. User can be made aware if the license in questions (GPL)
and he can examine his new rights that come with it; if he chooses to
do so. But this is not required.

The change would be important to the end user experience of the
introduction to Open Source software.


The GPL is not a restrictive license, but a one, that gives rights.
One of the fundamental rights is to install and use the software for
any purpose. The dialog box is incorrect and cannot deny the right to
install software.

Having a free software to require "a click trough" does not feel like
in the spirit of the Open Source.

In the software, the "About" menu would be ideal place to announce the
used license.

1. The "about" information would be readily available at any time.
   User can always check the license and affirm that the software is

2. The "about" menu choice could have several links pointing to GNU
   site where user could read more information about the GPL license.

This would be discreet and elegant.


[IN BRIEF] The GPL is not an agreement. It is license only and does
not govern use. It is merely a document granting permissions.

An EULA typically governs use, selling and distribution. EULAs are
claimed to be contractually binding, having purportedly gained mutual
agreement when a user clicks "I Agree". The EULAs coverage of "using"
(running it) is not covered under copyright law.

In GPL context, buttons like "I accept", "Agree" or "Do not accept",
"Disagree" are invalid. It is not a requirement for the end-user to
accept anything about the software released under GPL in order for him
to be able to 1) install and 2) run ("to use") the software. In this
regard GPL differs from Windows like EULAs; End user License
agreements. The EULAs typically place limits to use of the software
whereas GPL is the opposite: it gives rights.

The GPL is a is a copyleft license and the opposite of EULA. The GPL
affirms the right of the user, and does not take them away.

The GPL explicitly states that it can be used for any purpose. It
grants the right to use the program however one wishes.

Installing the software doesn't have anything to do with the GPL.


[For GPL 2] To help substantiate the point that the GPL is not an
EULA, see GPL-2 license <http://www.gnu.org/licenses/gpl-2.0.txt>

"Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does." (GPL-2 section 0, paragraph 2)

"5. You are not required to accept this License, since you have not
signed it..." (GPL-2 section 5)

[For GPL 3] To help substantiate the point that the GPL is not an
EULA, see GPL-3 license:

You are not required to accept this License in order to receive or run
a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so."
(GPL-3, section 9. Acceptance Not Required for Having Copies).


- AUDACITY project does not show "I Agree" in Inno Setup.
- MYSGIT project does not show "I Agree" in Inno Setup.
- VLC Audio/Video software does not show "I Agree", but "Next" in NSI
- TORTOISEGIT cdoes not show "I Agree" in WIX installer.


To unsubscribe from this discussion, e-mail: [dev-unsubscribe_at_tortoisesvn.tigris.org].
Received on 2011-03-20 11:40:35 CET

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