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Re: [BUG] TortoiseSVN installer - GPL is not an EULA

From: Jari Aalto <jari.aalto_at_cante.net>
Date: Mon, 21 Mar 2011 15:16:46 +0200

2011-03-21 10:57 Thomas Hruska <thruska_at_cubiclesoft.com>:
| On 3/20/2011 10:48 PM, Dmitry wrote:
| Doing a couple searches turns up a campaign that Jari Aalto has going to
| eliminate "I agree" from various software installers.Of course.

There is a problem with developers that are not used to GPL or open Source
especially on Windows. Those are the examples what I ran into when I[*] tried
to install GPL software under Windows. And to my surpise they behave like
"Commercial EULAs". Probably most of the problems stems from the lack of
knowledge in the field about the GPL.

* Open Source Software should not look like the usual proprietary
* He should feel the spirit of the Open Source; this sofware is different
  from the very start.
* Instead the user can look at the opportunity to install a
  program without having to "agree" to onerous terms as a breath of
  fresh air.

| In essence, Jari is asking developers to potentially take on significant
| increased legal risk to make themselves liable for any and all damages
| caused by their software regardless of what the GPL says.

Please read my text. To the end user, the GPL license is informational
rather than a choice.

Let me repeat:

    There is nothing wrong with showing the user the GPL, but it
    should be made clear that the GPL only adds rights, it does not
    remove them. And unlike an EULA it certainly does not remove any
    right to install and run your software if you don't agree to it.

Don't mark my words: see yourself from the GPL:

    "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..." (GPL-2 section 0, paragraph 2)

GPL-3 makes this even more clear:

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

The proper button label for the Installer is "Next".

The GPL states that user has every right to use the software any way he
wishes. Denying install, thus denying use, when user denies "I agree",
violates the term of GPL.


[*] Just make a quick search for my contributions for Open Source, so I
have been there for some time; especially with the GPL.


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Received on 2011-03-21 14:49:13 CET

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