Diego Biurrun <[email protected]> added the comment:
On Wed, Mar 25, 2009 at 11:29:47PM +0000, Andy Taylor wrote:
>
> On the contrary Diego, and to set the record straight, the EULA and
> modifications were written by our legal counsel, a reputable firm with
> extensive
> experience in GPL/LGPL issues. Let me assure you this is a good faith effort
> to
> correct the issues.
Whatever you are paying them is too much then. Their task was to write
an EULA that we might express, they failed horribly.
Did this excellent law firm also write the EULA with the duplicated
paragraphs? They surely are not showing a record of competence here.
> The restrictions section you refer to (Section 3), refers to the "Cooliris
> Software" which is now written in Section 1 to specifically exclude Open
> Source
> Software.
I read section 1, it does not exclude anything, sorry. It's
overcomplicated legal weasel-wording.
You also have not read LGPL paragraph 6 closely. You are most
emphatically *not* allowed to forbid reverse engineering.
> I've highlighted the exclusion below as it appears in our EULA:
>
> "Notwithstanding the forgoing, the Cooliris Software includes certain open
Your reputable legal counsel has failing orthography, I assume
"forEgoing" was meant here.
> "Notwithstanding the forgoing, the Cooliris Software includes certain open
> source software ("Open Source Software") whose different license terms are
> described in this paragraph. Portions of this software are based in part on
> [...]
Here's a better version, given to you free of charge from a reputable
open source developer:
The Cooliris software includes open source software not owned by
Cooliris. The license terms in this EULA do not apply to those parts.
Instead, the licensing terms listed below apply:
[list of software and licenses]
This is simple, straightforward and unambiguous. Plus, you need neither
a law degree nor a professorship in old English to understand it.
Diego
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