El martes, 4 de octubre de 2005 a las 11:26:03 -0500, Michael Janssen escribía:
Just a couple of comments: In clause 3: "As an express condition for your use of the Licensed Product, you hereby agree that you will not, without the prior written consent of Licensor, use any trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. For the avoidance of doubt and without limiting the foregoing, you hereby agree that you will not use or display any trademark of Licensor or any Contributor in any domain name, directory filepath, advertisement, link or other reference to you in any manner or in any media." Oh, a clause dealing with trademarks in a copyright license. And very inconvenient, as well. This would forbid that the Debian package of "BitTorrent" were called "bittorrent". We would have to call it "binary-digit-violently-fast-stream-of-water" or something like that. This is some piece of (not legal) advice from me: delete these (new to this version) two sentences from the license, please. From 4.g.: "For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor?s material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable." Does this mean that I cannot sell it unless I or anyone else in the world has modified it? Isn't that stipulation a bit stupid? Moreover: "Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code." This would mean, if a product covered under this license were included in Debian, that nobody would then be allowed to sell Debian source CDs. That would be a case of this product's license contaminating other software, which is forbidden by DFSG#9, so this clause makes the license non-free. Also, this would be a practical problem: in some places it is actually cheaper and faster and more convenient to buy a Debian CD from a bookstore or over the Internet than to download and burn it. That's why selling Debian CDs is not only allowed: it is encouraged. I love this piece in clause 13: "Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License." I am speechless. -- Jacobo Tarrío | http://jacobo.tarrio.org/ -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
