Thanks, Ask,

for your initiative to stab into the legal ant-hill. We'll be better off once we are through this discussion and have reached an agreement. But it's going to become a tough one!

My question/suggestion to you and all of us:

Do we need to bind our end users to anything? Does that actually help us?

I tend to like an alternative route. Our terms of service could be some legally-waterproof way of writing down: "We don't promise anything and we don't demand anything."

"Promise nothing" should clearly spell out we can discontinue the service, both completely or for individual installations that seem to misuse it.

That'd be a lot simpler to waterproof, I'd hope.

Then, we could, and should, come up with a second text. That second text could recommend appropriate ways to use the service, without being legally binding. Then we'd still have to get it right in a technical way (which is tough enough in its own right), but without legal issues interfering.

Would we loose anything of value by splitting it up that way?

Specifically: Do we foresee a situation where being able to go to court against someone would be an improvement?

Regards, Andreas



Am 30.08.2013 23:46, schrieb Kurt Roeckx:
On Fri, Aug 30, 2013 at 04:04:08PM -0400, Mouse wrote:
As it's currently written, it seems to me that we as distributor of
ntpd would need to add this ToS to our ntp package and that the user
would have to agree to it before he can install/run it.
Why?  This applies only to pool service as far as I can see.  At most,
you'd have to rip the pool references out of your distributed config
files, surely?
To clarify, I want to distribute a package that by default just
works.  That means I either have it default to using the pool or
we would need to set the default to our own servers and provide
the resources for that.  And I'm not sure we want to go with that
second option.

My main problem is that it requires the End-User to agree to it,
and that I basicly can't agree to that on behalf of the End-User.

What I would like is to be able to provide a default config that
is uses the pool and that is acceptable according to the ToS.  I
see no problem adding a statement in that config file about the
ToS.  But I don't want to user to have to agree to the ToS for
a default config.


Kurt

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