Re: Poly/ML license
> Please read this licence and click on the Accept button at the
> bottom if you are happy to accept it.
> Before downloading Poly/ML you must read and agree to the licence
> below. If you are downloading this in order to make it available
> to others, for example to install it on a server at your University
> or place of work, you agree that everyone who has use of Poly/ML
> will abide by this licence.
Licenses requiring acceptance are not considered DFSG free. See the
DFSG FAQ at http://people.debian.orb/~bap/dfsg-faq.html
> IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This Licence
In law, *users* are required to read something only if it imposes a
burden / obligation on them.
> You may install a copy of the Software and may use it only in
> accordance with and to the extent allowed by the terms and
> conditions of this License Agreement. By clicking on the "Accept"
> button, installing, copying or otherwise so using the Software, you
> agree to be bound by the terms of this Licence Agreement. If you do
> not agree to the terms of this Licence Agreement, click on the
> "Cancel" button and/or do not install the Software. YOU AGREE THAT
> YOUR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS
> LICENCE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
> 4. The copyright and other intellectual property rights of
> whatever nature in any improvements, enhancements or modifications
> to the source code of the Software or which necessitate access to
> the source code of the Software in order to be compiled into a
> functioning binary form and which are made by the Licensee ("the
> Improvements") shall vest in and be and remain the property of the
This means, if you modify the program, the copyright in *your*
modifications vests in the licensor and operates as assignment of
copyright. This is void in most jurisdictions since most
jurisdictions require that assignment of copyright has to be in
writing. AFAIK, English law too requires assignment in writing. Was
this license really written by a qualified lawyer?
> 5. The Licensee grants to the Licensor in good faith a
> non-exclusive, royalty-free licence to use any Improvements with
> the right to grant sub-licences to any existing or future licensees
> of the Software.
That is the right to distribute modified and unmodified copies. Fine.
> 6. The Licensor shall be bound to grant sub-licenses of the
> Improvements on being requested so to do by any existing or future
> Licensee of the Software. The Improvements shall promptly be made
> available by the Licensee to the Licensor and by the Licensor to
> any sub-licensee. Such Improvements shall be made available to a
> degree of detail sufficient for the purposes of the license granted
> under clause 5 or as required by the Licensor.
Fails the Desert Island test.
> 7. Any licence or sub-licence granted by either the Licensor or the
> Licensee of the Software and/or the Improvements shall contain
> provisions that reflect the provisions of this Agreement with any
> changes necessary to give the arrangements efficacy.
Generally, it is a very bad idea to allow downstream to modify a
Mahesh T. Pai, LL.M.,
'NANDINI', S. R. M. Road,