Let me preface this with the statement that I will not be attempting to have any of my contributions that are still miraculously part of Wesnoth be extracted. For one thing, the process of figuring out what is left would be far too painful. I haven't contributed any code for ages so threatening to stop would not only make me look silly, it would be pointless.
It seems to me that people (including the FSF) have ignored the following clause: "(xiii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products. " and a variation on the standard separability clause: "24. Miscellaneous. These Terms of Service constitute the entire agreement between you and Apple and govern your use of the Service, superseding any prior agreements between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. " Which together seem to me sufficient, if vague, protection against any additional usage clauses in the rest of the terms of service overriding the GPL. I leave it as an exercise for the reader to determine why the FSF chose to ignore these parts of the TOS but rather chose to harass Apple into removing GNU GO from there App store. I wonder if they would look kindly on other organizations going around threatening lawsuits against people who are distributing GPL software. Does harassing someone to the point where they choose not to distribute GPL software violate the GPL? And since we are dealing with a bunch of people throwing around legal terms I will follow this with the standard disclaimers: The above does not constitute legal advice, nor shall it be construed as permission to dance naked on top of sky-scrapers owned by the management of our future alien overlords. Do not iron while product is being worn. Caution coffee mugs may contain coffee, which under some circumstances might be hot. Long-term side-effects of reading this message upside down while slurping jello through a straw have not been determined. Ask your doctor if Wesnoth is right for you. Some conditions apply. All opinions expressed by the author are solely his (if you agree with them) or someone else's(if you want to sue him). John McNabb, aka DarthFool, retired developer. ------------------------------------------------------------------- "In theory, theory and practice are the same, but in practice they're different." --Unknown "In the constrained vision, each new generation born is in effect an invasion of civilization by little barbarians, who must be civilized before it is too late." --T.S., 'A Conflict of Visions' ------------------------------------------------------------------- John W. C. McNabb ------------------------------------------------------------------- _______________________________________________ Wesnoth-dev mailing list [email protected] https://mail.gna.org/listinfo/wesnoth-dev
