, and accept that fact that there will always be proprietary
software.
--
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no legal, ethical or moral rights over it. Attempting to control
it is tyranny, the very thing the GPL is fighting against. Freedom is
about removing restrictions, not replacing them with others.
--
David Johnson
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license-discuss archive is at http
a real license. It seems to be part of a README file. Only
clause number 2 and 5 have any legal weight behind them, as everything
else is a request or comment and operates under the key phrase Please
note
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license-discuss archive
, so there would be no
linking involved. This is a matter of use, not derivation. At the very
most, it's a matter of runtime linkage, which even the FSF says is
beyond its right to regulate.
--
David Johnson
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released
code under this license, it does no good suggesting changes. My
recommendation as a laymen is to approve it.
--
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Henry Pijffers wrote:
Pardon my ignorance, but what is RAND exactly?
RAND stands for Reasonable and non-discriminatory, and applies to
patent licenses that are unreasonable and frequently discriminatory.
David
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license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
quagmires.
So here's a question to you. What is your pressing need for such a
recognition? What problem is the lack of such recognition causing?
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. No
license is going to prevent it, and only a few could impede it with any
significant result.
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have written, but selling it outright is not one of them.
Which was my entire point.
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On Friday 14 March 2003 09:58 pm, John Cowan wrote:
AFAIK that was the whole point: a common core shared among the
members, and then each to compete on the enhancements, the same as
(proprietary) Unix itself.
Why does this sound so much like United Linux? :-)
--
David Johnson
it!
The software business world needs to stop complaining that you can't
sell free beer. And the Open Source world needs to stop insisting that
Open Source isn't free beer.
--
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___
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patents, but he doesn't have a problem with hardware patents. And as
far as I know, he's neutral on the subject of trademarks.
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used?
It seems to me that the best solution for Hans' paranoia is the LGPL. It
gives most of the benefits of the BSD license in that it can be used to
promote a standard YML implementation, but with just enough copyleft to
eliminate his paranoia.
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wrong if done by the user but
right if done by the author?
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On Tuesday 11 March 2003 09:59 pm, Chris F Clark wrote:
David Johnson writes:
The FSF makes a (wise) distinction between privacy and secrecy. The
boundaries between the two are the boundaries between the private
and public spheres.
A reasonable distinction. This brings up the question
is copyright blah blah blah.
See the file LICENSE for complete license and copyright information.
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David Johnson
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related activities are completely unrelated to the domain of
software distribution. Keep them separate.
--
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the corn that feeds the soldiers?
This slope is too slippery to start down upon.
--
David Johnson
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to kill people?
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Russell Nelson wrote:
[ Please discuss this license. Is this discriminating against users
in countries where warranty can be disclaimed? -russ ]
If the following disclaimer of warranty and liability is not valid due
to the laws in a jurisdiction then NO RIGHTS ARE GRANTED in that
jurisdiction
, this license seems rather close to the QPL. Have you
examined that license for suitability?
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David Johnson
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the sources directly under the
gpl?
If the license says GPL then follow the GPL to your hearts content. Publish
away.
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David Johnson
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.
Not a problem, IHMO.
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of the OSD.
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as obfuscation. I don't want to point any fingers, but there
are numerous examples of OSS projects with absolutely no documentation.
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David Johnson
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find no references to aggregation except in an unrelated area dealing
with transmissions. I suspect the term is used in the GPL as a synonym for
collective work.
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. It states that the license
does not cover other articles in the magazine, but that it does affect the
magazine.
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David Johnson
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the non-GPL pieces and
distribute them separately under their original license.
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there are on mine. But somehow I suspect those lawyers are slightly
biased ;-)
In the case of binary compiler passes, they are probably correct. But in the
case of dynamic linkage itself I believe they are incorrect. In my
non-Harvard and layman opinion...
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David Johnson
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. Is this now a derivative work? I still say no.
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David Johnson
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helloworld.c program derivative of Linux? No, because it's not running
under Linux...
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David Johnson
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not arguing that you can make an end run around the GPL using
kernel modules. That is a different case.
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David Johnson
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is different from the
copyrightable expression. Since a system/function call only accesses the
functionality, it should be permitted.
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David Johnson
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no
copyleft is needed. The particular expression of the methodology as
documentation may be a candidate for copyleft, so I would choose the FDL or
similar documenation license.
--
David Johnson
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, and never signed
anything, then that rental contract shoved in the glove box loses a lot of
its importance.
--
David Johnson
___
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On Saturday 23 November 2002 07:44 am, John Cowan wrote:
David Johnson scripsit:
Imagine if you went to a store and say a display of chairs. Imagine the
price tag said Non-commercial sitters: free; commercial sitters: $100.
Imagine going to a movie theater and seeing a sign that said
, and works quite nicely. If your product is complex or hard to use,
then selling service and support is a good option. There are others.
--
David Johnson
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a court would say
should a license ever be taken before one.
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, but not for 3 or 4.
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companies
should be able to do at least that.
Liability is a different kettle of fish entirely.
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David Johnson
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considerably in size.
Thanks in advance,
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David Johnson
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the biggest laywers.
Microsoft has bigger lawyers than you do. This means that if they say you
have agreed to their license, then you have indeed agreed to their license.
If they say the moon is made of green cheese, who are you to argue?
--
David Johnson
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will not cost you a dime if it 'malfunctions'; and
books do not corrupt your hard disks / data.
I still haven't come to grips yet with the concept that a contract is required
for disclaimers of warranty. It seems to me that there must be another
mechanism that achieves the same result.
--
David
Edition Operating System. The same is
listed on the Certificate of Authenticity.
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David Johnson
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and other extensions. The practical
effect would be a bland generic software that no one would want. Remember,
there are extensions in everything from libc to the bourne shell. Depending
on the wording of the license, even POSIX might not be generic enough.
--
David Johnson
___
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certainly be Open Source,
but it would have practical problems, since you would be denying certain
developers the right to use standard components they may be used to.
--
David Johnson
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On Tuesday 29 October 2002 08:25 pm, John Cowan wrote:
David Johnson scripsit:
Perhaps I'm not understanding the legal concept of assent, but how can
a mere notice constitute acceptance? Certainly it's evidence that the
user knew about the license, but it seems to fall far short of evidence
run into the old advertisement clause that
BSD had so much problem with.
--
David Johnson
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it will just
have to
be open source (with a lower case O and S)?
It still wouldn't be open source. The idea of open source is much more than
the capitalization of words. There's an idea behind it that is much more
important than mere clauses in a definition.
--
David Johnson
will think you're
silly.
--
David Johnson
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A scholar could lose his fair-use privilege to quote a
novel ... A library could lose its ability under the
first-sale doctrine to lend books.
...a user could lose the ability to execute the software they purchased...
--
David Johnson
___
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pgp public
in copyright law!
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David Johnson
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be
plaintext. In fact, it's a good habit to get into for every mail you send. No
one ever complains about receiving plaintext messages.
--
David Johnson
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to be your intent.
Far simpler: Just fill in EXHIBIT A with your name, software, etc., and you
are done!
You *do* want to keep the name Mozilla Public License, because people
already know what it is and what rights it confers. Changing the name will
only cause confusion.
--
David Johnson
for media or distribution services, your clause does indeed violate the OSD
because it becomes impossible to sell the software without first aggregating
it with other software. (I'm hoping my wording makes sense to others besides
myself...)
--
David Johnson
___
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to use the protocol
without entering into legal agreements.
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David Johnson
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think
this is a non issue.
One other point: The second sentence of the license is placing obligtions upon
YOU the licensor. Is this what you wish?
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David Johnson
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with the InstallShield bundled with VC++. It actually
had more threatening language than what you described. I use the BSD license,
and wrapping it with such language is ridiculous.
--
David Johnson
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. Even if no one is paying you to do
this coding, you should still hire an expensive attorney to review the GPL
and advise you in all legal matters pertaining to your porting activities. At
least that's what my attorney told me.
--
David Johnson
___
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pgp
, and it isn't even (IIRC) on the install CD.
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David Johnson
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, then the
exercise of that right cannot be used to indicate license acceptance.
Anything else would be legal blackmail. Which in fact is how I view many of
these newfangled EULA's.
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David Johnson
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, there will always be attempts to
subvert it. The US Bill of Rights has some small amount of protection in the
form of original intent. Perhaps the OSI could also consider original
intent during its deliberations?
--
David Johnson
___
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of first sale, right of criticism, and
all that, but an enumeration of all the rights a user should possess would be
extremely lengthy.
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David Johnson
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an Open Source license can require derivative works or
downstream distribution to also use click-wrap.
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David Johnson
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to approve the license.
Please, please, please, please guarantee the right of users to use Open Source
Software! Please. Everything else in the OSD is meaningless without it.
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David Johnson
___
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agreement or license in order to make use of the
software, including the preparation of the software for subsequent use.
Any problems with this?
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David Johnson
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of the author. That's
why click-wrap is problematic.
--
David Johnson
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.
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, suitable as a product, and safe, unless
otherwise stated.
Of course, the real solution is to fix the mess that liability has become.
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David Johnson
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that one user does not lay
any property claim to the copy of another.
Click-thru threatens to overturn this fundamental tenet. Regardless of what
other effects it may have, it will severly damage the philosophical core of
Open Source.
--
David Johnson
___
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pgp
is that the OSD can allow the use of click-thru, but that they must
not allow the mandate of click-thru.
--
David Johnson
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.
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David Johnson
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David Johnson (me) wrote:
I would have no problems with an Open Source license that mandates the use
of download-wrap.
One day later and I have come to my senses. Let me rephrase my comment...
I might not have too serious of a problem with an OSS license that mandates
distributors
!
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David Johnson
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certain that the primary purpose of proprietary
click-wrap licenses is not to disclaim warranty.
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group may be used to endorse or promote products derived
from this software without specific prior written permission.
I've got concerns about conditions three, four and five. I have to think about
them some for time. I'll attempt to comment on them later after I have
digested them.
--
David
On Saturday 22 June 2002 12:21 pm, David Johnson wrote:
I've got concerns about conditions three, four and five. I have to think
about them some for time. I'll attempt to comment on them later after I
have digested them.
Okay, I've thought them over a bit. In a nutshell, your concerns
-technical users with design
documents.
--
David Johnson
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, are inequitable in favor of the author. But
people don't like it when you loudly proclaim that inequity in your license
text. Particularly potential contributors and collaborators.
--
David Johnson
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but of wiggle room in the definition because the
software has to reside in the real world in order to be useful.
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David Johnson
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to remain invariant.
There's nothing in the MIT or BSD licenses that specify invariant sections. I
am required to keep the copyright statement, list of permissions, and
warranty disclaimers around, but there is no requirement that they must be a
part of the source code.
--
David Johnson
in reference to
freedom 1 (adaptation) and 3 (modification).
--
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On Friday 14 June 2002 09:41 pm, Forrest J. Cavalier III wrote:
David Johnson wrote in part, in a message to [EMAIL PROTECTED]
Here is the FSF's definition, which is remarkably similar to your own.
*) The freedom to run the program, for any purpose.
*) The freedom to study how
or unrestricted licenses. Would zlib or libbz2 fit your needs?
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. But the othercouple of points
seemed too shallow.
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was the same as yours. I also got the impression that (a) is going to
be irrelevant as UnitedLinux isn't going to have any binaries to begin with.
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. That's a right specified in 17 USC 117.
Furthermore, if you fail to pay your bus fare, you will likely be cited for
one misdemeanor or another, but you will most certainly not be sued for
breach of contract.
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David Johnson
___
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, then
just use a simple copyright statement, a simple explanation that the
copyright prohibits unauthorized copying and modification, and a this
commercial product is not merchantable disclaimer.
--
David Johnson
___
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--
license
per-user copies (for multiple machines), and
few restrictions on use of the code.
I would not consider that a EULA at all, as the user didn't have to agree to
anything in order to use the software. But it's an excellent example of a
proprietary license that is very reasonable.
--
David Johnson
Rod Dixon wrote:
...what I am unsure of is whether we should be satisfied
with the status quo or whether we should amplify Article 2 with something
more than just saying the source code should not be deliberately
obfuscated. Poorly expressed source code need not be deliberately
obfuscated to
would suggest writing it as a template. See the BSD license for an
example. This will allow others to use the same license without having to
seek additional OSI approval for merely changing the names of the copyright
holders.
--
David Johnson
___
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pgp public
by exchanging some of my money for it, and I
receive a receipt, then that software is a commercial product, and the US
Commercial Code should apply.
Perhaps the UCC doesn't apply. If it doesn't, it should. Otherwise someone
should start suing these manufacturers for fraud.
--
David Johnson
,
please
send an email to [EMAIL PROTECTED]
Do you intend to enforce this provision? Will you sue me if a friend gives me
a copy of your software but I fail to mention it to you? If not, then strike
this clause completely.
--
David Johnson
___
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anything, what
is there to publish?
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David Johnson
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having the
presence of a Notary Public every time I install software, just so that I
have legal proof that I assented to nothing.
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David Johnson
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), then there would be no Open Source license that would qualify.
If this is what you want, I would direct you to the FUDGE license as a
suitable candidate.
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David Johnson
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the costs of data transfer, and present a prominent notice to
the users explaining this.
Except that, as I understand it, copyright restrictions on public performance
do not apply to software. I already have the right to publicly display the
program.
--
David Johnson
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just because a third person has written a wrapper
for it.
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David Johnson
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this issue because they see an immanent return
of the dumb/thin client. I don't like decisions to be made in panic mode, so
I was trying to explain in my own not-to-brilliant way why I didn't think
it's going to happen.
--
David Johnson
___
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pgp public key
to go with this one. I almost feel like I should
recommend disapproval solely due to gross redundancy.
Is there any possible way you can user either the MIT or the BSD license?
--
David Johnson
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