Fwd: Re: Bug#278474: mimetex: licensing issue
Hi, Debian legal folks. Can you help me a bit with this issue? ---BeginMessage--- Hi, Your discussion was brought to my attention, so I thought I'd explain my reasoning regarding the paragraph in mimetex's gpl licensing terms (at http://www.forkosh.com/mimetex.html) which reads By using mimeTeX, you warrant that you have read, understood and agreed to these terms and conditions, and that you are at least 18 years of age and possess the legal right and ability to enter into this agreement and to use mimeTeX in accordance with it. Users of mimetex, or of any gpl'ed program, should first agree to the terms and conditions of the gpl. But, at least in the United States, people under the age of 18 aren't legally competent to agree to anything. For example, suppose you sell a bicycle to a 15-year-old for $500, and he gives you $100 down and signs a contract agreeing to pay you $100/week for the next four weeks. Well, he can just ride off on the bike and forget you and your agreement. And you have no legal recourse -- no court will uphold the contract nor even order the kid to return your bike. Returning to the gpl, the same 15-year-old could, for example, incorporate gpl'ed code into a proprietary product, and there'd be no legal recourse. He could even sue the author of a gpl'ed program for damages if the program misbehaves. The author would probably win, but couldn't just use the gpl to get the case dismissed. It seems to me that the gpl fails to adequately address this kind of loophole -- that is, in order to agree to the terms of the gpl you must first be a legally competent person. Am I missing something here? If so, I'd appreciate it if somebody could explain how the gpl works to preclude this kind of situation. If not, maybe the gpl needs a little paragraph, something like mine, to address the issue. Thanks, John ( [EMAIL PROTECTED] ) ---End Message--- pgpx8HnBWM8NN.pgp Description: PGP signature
Fwd: Bug#278474: mimetex: licensing issue
There are tons of programs using the GPL license without that special paragraph about age, so I think there should not be any problem, but anyway may be some of the Debian legal folks can help us. Best regards ---BeginMessage--- Hi, Your discussion was brought to my attention, so I thought I'd explain my reasoning regarding the paragraph in mimetex's gpl licensing terms (at http://www.forkosh.com/mimetex.html) which reads By using mimeTeX, you warrant that you have read, understood and agreed to these terms and conditions, and that you are at least 18 years of age and possess the legal right and ability to enter into this agreement and to use mimeTeX in accordance with it. Users of mimetex, or of any gpl'ed program, should first agree to the terms and conditions of the gpl. But, at least in the United States, people under the age of 18 aren't legally competent to agree to anything. For example, suppose you sell a bicycle to a 15-year-old for $500, and he gives you $100 down and signs a contract agreeing to pay you $100/week for the next four weeks. Well, he can just ride off on the bike and forget you and your agreement. And you have no legal recourse -- no court will uphold the contract nor even order the kid to return your bike. Returning to the gpl, the same 15-year-old could, for example, incorporate gpl'ed code into a proprietary product, and there'd be no legal recourse. He could even sue the author of a gpl'ed program for damages if the program misbehaves. The author would probably win, but couldn't just use the gpl to get the case dismissed. It seems to me that the gpl fails to adequately address this kind of loophole -- that is, in order to agree to the terms of the gpl you must first be a legally competent person. Am I missing something here? If so, I'd appreciate it if somebody could explain how the gpl works to preclude this kind of situation. If not, maybe the gpl needs a little paragraph, something like mine, to address the issue. Thanks, John ( [EMAIL PROTECTED] ) ---End Message--- pgpNFjfpGRLCY.pgp Description: PGP signature
Re: Real names in a football game
On Wednesday 15 September 2004 11:56, Jacobo Tarrio wrote: O Martes, 14 de Setembro de 2004 ás 22:18:46 +0200, Isaac Clerencia escribía: I'd remove the names (i.e. change them to other, innocuous names) even without asking as I know the answer beforehand. I've uploaded a new package without the player names. I already have a version without player names ready to be uploaded, removing team names should take a little more effort. Use city names. Or common prefix + city name + common suffix (Sporting Club de A Coruña, Atlético de Valencia, Madrid S.A.D., Berlin 89, etc.), but this would possibly re-create actual teams' names. I started doing this, but I got tired as there are lots of team names. I'll do it ASAP. Best regards pgpQd93bqg2XX.pgp Description: PGP signature
Re: Real names in a football game
On Tuesday 14 September 2004 22:47, David Schleef wrote: Using team names (and especially team logos) is a good way to get to the pointy end of a lawsuit. The names and logos are almost certainly under trademark protection, and generally aggressively guarded, since licensing names and logos to shirt makers (and game producers) is a huge revenue stream. Names of people are (curiously) less protected. It's probably defendable to use players' names in a game, but (at least in the US) it would likely attract annoying lawyers, too. I wouldn't recommend it. But then, I morally feel celebrities deserve the same protection in their own name as a corporation. I suppose using only city names for teams would be ok. Right? pgpITuFghKcB4.pgp Description: PGP signature
Real names in a football game
Hi, I'm the maintainer of the bygfoot package. It is a football (soccer) simulator game, and currently it includes some real player names. I think this can be illegal (also team names?). I already have a version without player names ready to be uploaded, removing team names should take a little more effort. What do you think? Best regards P.S. Include me in the CC as I'm not subscribed. pgpC4aPCYviXi.pgp Description: PGP signature
