This article is motivated by the FAQ: What is the license of the license text? It describes some implications of the answer to this question.

General remark

We have to differ between two artworks: the computer program, database etc. and the text of its license. When using a well-known license, the software developer is obviously not the creator of the license text itself. Therefore, listing a license in the debian/copyright file only shows the terms of use. It does not mean the programmer is the creator of this license.

And it does not mean the license text itself is under the terms of the license.

Licenses of license texts

There are licenses of license texts, which do not allow to change the license text or restrict changes.

Example:

"Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed." reference

These license texts are covered by a non-free license.

Also many license texts are not covered by an explicit licence.

Requirement of distributing the license text

There are licenses which require to distribute the license text.

Example:

"And you must show them these terms so they know their rights." reference

To fulfill these license terms Debian has to distribute the licence text with the software. That is why the main repository contains non-free components.

This legal requirement has been adopted in the Debian Policy.

"Every package must be accompanied by a verbatim copy of its distribution license(s) in the file /usr/share/doc/PACKAGE/copyright." Chapter 12.5

The Debian Policy extents this requirement for all licences. The Debian Policy does not exclude the Debian source packages (see Chapter 4 of the Debian Policy) from this requirement. That also means the files in the Debian source package have to be covered by a (free) license ("Tentacles of evil").

Suggestions

* in debian/copyright

You can use the * in debian/copyright stanzas even if it includes a license text. You can also use debian/* although debian/copyright contains non-free license texts.

Changing of the Social Contract

For the purpose of clarification a few words should be added in #1:

"... We promise that the Debian system and all its components except license texts will be free according to these guidelines. ..."