Re: Habeas Email Filter License
On Friday, Jun 13, 2003, at 21:07 US/Eastern, Daniel Quinlan wrote:
a) cause SpamAssassin fail to meet the DFSG (or OSD)
Yep, certainly does. And, in principle Habeas must not be free to stand
a chance of working.
[ For example, they'd fall afoul of at least the discrimination on
fields of endeavor. ]
(Side note: we don't actually use the warrant mark in our code, we look
for a SHA1 match of a somewhat munged version of the headers for mostly
technical reasons. Let's pretend that we need the license just for the
sake of this discussion.)
Why? If you're just matching a SHA1, I very much doubt you need it.
Thanks.
Here's the proposed license from Habeas, this is a draft license:
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Habeas Email Filter License
The Habeas Warrant Mark ("the mark") comprises the following 9 lines of
text:
X-Habeas-SWE-1: winter into spring
X-Habeas-SWE-2: brightly anticipated
X-Habeas-SWE-3: like Habeas SWE (tm)
X-Habeas-SWE-4: Copyright 2002 Habeas (tm)
X-Habeas-SWE-5: Sender Warranted Email (SWE) (tm). The sender of this
X-Habeas-SWE-6: email in exchange for a license for this Habeas
X-Habeas-SWE-7: warrant mark warrants that this is a Habeas Compliant
X-Habeas-SWE-8: Message (HCM) and not spam. Please report use of this
X-Habeas-SWE-9: mark in spam to <http://www.habeas.com/report/>.
Habeas has filed for copyright and trademark protection for the mark
and
permission from Habeas is required to reproduce the mark.
Well, considering "[w]e do not think that ‘methods of operation’ are
limited to abstractions; rather, they are the means by which a user
operates something. If specific words are essential to operating
something, then they are part of a "method of operation" and, as such,
are unprotectable." (Lotus v. Borland), I wouldn't be so sure they're
going to have an easy time enforcing their copyright if its widely
adapted. Similar (if not worse) problems for the trademark. But this is
off topic ;-)
Habeas grants permission to software developers, system administrators,
and email users to make use of the mark, provided that all of the
following conditions are met:
1) Use of the mark is granted solely for the purpose, within the
context
of email filtering, of identifying mail that is not spam. The mark may
not be used as a basis for rejecting email that contains the mark.
Limitation on modification, violates DFSG 3.
2) No permission is granted by this license to use the mark on outgoing
mail. For such permission, each user or organization must complete one
of the licenses offered at <http://www.habeas.com/>.
Limitation on use.
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