Re: Steelblue license

[William T Wilson]

On Wed, 1 Nov 2000, Raul Miller wrote:

 In principle, this gives them the right to restrict use.  However,
 since restrictions on use contradict federal copyright law, I'm dubious.

So you think this portion of UCITA might be unenforceable in general then?

c.  Upon distribution, the source code of all modifications to the
Program must be made available free of charge to TCG as
specified on the Web page at
http://www.steelblue.com/modifications/ .
 
 Since this is subject to change, and since we can't guarantee that
 everyone who has access to the source can check this URL, I'm queasy
 about saying this meets DFSG.

So you're saying that this violates DFSG on grounds of the license not
being distributed with the program. :}

Hm.  Well, I can't really dispute that, unless TCG could be made to agree
to change it so that these terms were made part of the license rather than
located on a URL.

  5.  TERMINATION.  In the event of any default or failure of User to
...
 This makes 4.c., above, particularly nasty.

I still don't see the problem with this clause...

Re: Steelblue license

[Raul Miller]

On Tue, Oct 31, 2000 at 01:32:55PM -0500, Jeffry Smith wrote:
 5.  Governed under Maryland law (UCITA) (although it makes sense as a 
 Maryland corp, but it is UCITA).

In principle, this gives them the right to restrict use.  However,
since restrictions on use contradict federal copyright law, I'm dubious.

I'm also dubious about what this means in the international context.
[What happens if Maryland UCITA contradicts copyright law of foreign
government.  My guess is that the UCITA just wouldn't apply, which
makes this a non-issue for DFSG purposes.]

   c.  Upon distribution, the source code of all modifications to the
   Program must be made available free of charge to TCG as
   specified on the Web page at
   http://www.steelblue.com/modifications/ .

Since this is subject to change, and since we can't guarantee that
everyone who has access to the source can check this URL, I'm queasy
about saying this meets DFSG.

 5.  TERMINATION.  In the event of any default or failure of User to
 abide by the terms hereof, this license may be revoked by TCG
 without prior notice and all rights granted hereunder rescinded.
 In the event of such revocation, the Program and all copies
 thereof however stored and on all media, temporary and permanent,
 shall be returned to TCG or destroyed or otherwise disabled by
 User.  Upon request User shall provide sufficient evidence of
 compliance said obligation.

This makes 4.c., above, particularly nasty.

-- 
Raul