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Re: Help with SPIN License



On Thu, 29 Jan 2004, mcguire@cs.utexas.edu wrote:
> [I'm not subscribed to debian-legal; please cc: me with any replies.]
> 
> I'm considering packaging the Spin model checker[1], but I have
> apparently lost the brain cells that might have let me understand
> the license agreement.  Do you all have any thoughts about it?

You're not to blame. 

Whoever wrote this license seems to have given themselves a full
frontal lobotomy by shoving a piece of blank typing paper firmly up
their nostril, moving it around vigorously, removing the paper and
fervently studying the resultant conglomeration of blood, white and
grey matter in a monastic order. The resultant transcript of which was
badly translated back and forth from Latin to Ancient Greek by a team
of half blind monks who randomly changed the spacing, capitalization,
and punctuation of the English language whilst chanting
incomprehensibly. The resultant license was dutifully sent via
messenger to "Lucent Technologies Inc., a Delaware corporation having
an offic e at 600 Mountain Ave., Murray Hill, NJ 07974, its related
companies and/or affil iates.[sic]"

> 4.0 MODIFICATIONS.  You agree to provide the Original Contributor,
> at its request, with a copy of t he complete Source Code version,
> Object Code version and related documentation for Modifica tions
> created or contributed to by You.  Original Contributor and/or other
> Contributors shall have unrestricted, n onexclusive, worldwide,
> perpetual, royalty-free rights, to use, reproduce, modify, display,
> perform, sublicense an d distribute Your Modifications, and to grant
> third parties the right to do so, including without limitation as a
> part of or with the Licensed Software; and Original Contributor
> and/or other Contributors shall have the right to license or to
> otherwise transfer to third parties Your Modifications without
> notice, obligation or recourse to You. 

This is not DFSG Free. It fails DFSG 5 and 6. [Specifically, it fails
the "dissident test".]

> 6.0 TERMINATION 6.1 The licenses and rights granted under this
> Agreement shall terminate automatica lly if (i) You fail to comply
> with all of the terms and conditions herein; or (ii) You initiate or
> participat e in any intellectual property action against Original
> Contributor and/or another Contributor.

This is not DFSG Free. It fails DFSG 5 and 6.

> 12.0  MISCELLANEOUS.  This Agreement sets forth the entire agreement
> and understanding between the pa rties as to the subject matter hereof
> and merges all prior discussions between them.  This Agreement shall be
> governed by the laws of the State of New York, USA, excluding its conflict
> of law provision s.  The application of the United Nations Convention of
> Contracts for the International Sale of Goods is expressl y excluded.
> YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF
> THE LICENS ED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO
> THE TERMS SET FORTH HEREIN. You fu rther agree and acknowledge that
> by clicking on the "ACCEPT" button below, You shall have manifested
> acceptance to enter into this Agreement and shall be deemed to have
> manually signed and execu ted this Agreement making this an enforceable
> Agreement between the parties.  If any provision of this Agreement is
> held to be unenforceable, such provision shall be reformed only to the
> extent necessary to make it enforceable .  YOU ACKNOWLEDGE THAT YOU
> HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY CLICKING ON THE
> "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE SOFTWARE YOU ACCEPT
> AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS A GREEMENT.


This click wrap phrase means (most likely) that Debian cannot
even distribute such a work in non-free.


Don Armstrong

-- 
A citizen of America will cross the ocean to fight for democracy, but
won't cross the street to vote in a national election.
 -- Bill Vaughan

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

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