> Derivative Works: the works or software that could be created by > the Licensee, based upon the Original Work or modifications > thereof. This Licence does not define the extent of modification > or dependence on the Original Work required in order to classify a > work as a Derivative Work; this extent is determined by copyright > law applicable in the country mentioned in article 15.
This definition should be left to the copyright law. > Distribution and/or Communication: any act of selling, giving, > lending, renting, distributing, communicating, transmitting, or > otherwise making available, on-line or off-line, copies of the > Work at the disposal of any other physical or legal person. This appears to include "public performance" (eg, using the software to drive a website), which will cause problems and be non-free IMHO. > 5. Obligations of the Licensee The grant of the rights mentioned > above is subject to some restrictions and obligations imposed on > the Licensee. Those obligations are the following: > ... > Provision of Source Code: When distributing and/or communicating > copies of the Work, the Licensee will provide a machine-readable > copy of the Source Code or indicates a website where this Source > will be easily and freely available for as long as the Licensee > continues to distribute and/or communicate the Work. This is the "if you drive a website using this, then you have to distribute the source, when combined with #1". non-free IMHO. > 10. Acceptance of the Licence The provisions of this Licence can > be accepted by clicking on an icon "I agree" placed under the > bottom of a window displaying the text of this Licence or by > affirming consent in any other similar way, in accordance with > rules of applicable law. Clicking on that icon indicates your > clear and irrevocable acceptance of this Licence and all of its > terms and conditions. Similarly, the creation by You of a > Derivative Work or the Distribution and/or Communication by You of > the Work or copies thereof indicates your clear and irrevocable > acceptance of this Licence and all of its terms and conditions. This, together with the preamble's "any use of this work", may be non-free. > 11. Information to the public > > In case of any Distribution and/or Communication of the Work by > You (for example, by offering to download the Work from a website) > the distribution channel or media (for example, the website) must > provide the following information to the public: > > your name, as new Licensor providing the Work, > > your geographic and electronic address, Whoa... dissident test alert! > where the Licensor is registered in a trade or similar public > register, > > the trade register in which the Licensor is entered and his > registration number, > > the different technical steps to follow to conclude the Licence, > prior to the Distribution and/or the Communication of the Work, what is "to conclude the License"? > where the Licence contract will be accessible, > > the languages which can be used for the conclusion of the Licence. > > The Licence terms provided to the Licensee must be made available > in a way that allows him to store and reproduce them. > > 14. Jurisdiction Any litigation resulting from the interpretation > of this license, arising between the European Commission, as a > Licensor, and any Licensee, will be subject to the jurisdiction of > the European Court of Justice, as laid down in article 238 of the > Treaty establishing the European Community. Any litigation arising > between parties other than the European Commission, and resulting > from the interpretation of this license, will be subject to the > exclusive jurisdiction of the competent court: Whoa... discrimination: differentiates the EC amongst all licensors. > > · where the Licensor resides or conducts its primary business, if > Licensor resides or conducts its primary business inside the > European Union; > > · where the Licensee resides or conducts its primary business if > Licensor resides or conducts its primary business outside the > European Union; > > · where the Licensor resides or conducts its primary business, if > both the Licensor and the Licensee reside or conduct their primary > business outside the European Union. Discrimination: this is best left to each copyright law. > > 15. Applicable Law This License shall be governed by the law of > the European Union country where the Licensor resides or has his > registered office. This License shall be governed by the Belgian > Law if a litigation arises between the European Commission, as a > Licensor, and any Licensee. This License shall also be governed by > the Belgian Law if the Licensor has no residence or registered > office inside a European Union country. Ditto. -- HTH, Massa -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
