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Re: Please pass judgement on X-Oz licence: free or nay?



Daniel Stone writes:

> [3]:
> /*
>  * Copyright 2003 by David H. Dawes.
>  * Copyright 2003 by X-Oz Technologies.
>  * All rights reserved.
>  *
>  * Permission is hereby granted, free of charge, to any person obtaining a
>  * copy of this software and associated documentation files (the "Software"),
>  * to deal in the Software without restriction, including without limitation
>  * the rights to use, copy, modify, merge, publish, distribute, sublicense,
>  * and/or sell copies of the Software, and to permit persons to whom the
>  * Software is furnished to do so, subject to the following conditions:
>  * 
>  * The above copyright notice and this permission notice shall be included in
>  * all copies or substantial portions of the Software.
>  * 
>  * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
>  * IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
>  * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL
>  * THE COPYRIGHT HOLDER(S) OR AUTHOR(S) BE LIABLE FOR ANY CLAIM, DAMAGES OR
>  * OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
>  * ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
>  * OTHER DEALINGS IN THE SOFTWARE.
>  * 
>  * Except as contained in this notice, the name of the copyright holder(s)
>  * and author(s) shall not be used in advertising or otherwise to promote
>  * the sale, use or other dealings in this Software without prior written
>  * authorization from the copyright holder(s) and author(s).
>  * 
>  * Author: David Dawes <dawes@XFree86.Org>.
>  */

This has essentially the same requirements as the three-clause BSD
license, and looks free.  The difference is that the license above
says "all copies or substantial portions of the Software" where
three-clause BSD talks about "Redistributions of source code" and
"Redistributions in binary form."  However, the "X-Oz Technologies"
license[1] has the same problematic advertising clause as the XFree86
License version 1.1[2]; perhaps the disagreement over Freeness is due
to confusion about which "X-Oz Technologies" license applies?

[1]- http://www.xfree86.org/~dawes/pre-4.4/LICENSE6.html#27
[2]- http://www.xfree86.org/~dawes/pre-4.4/LICENSE4.html#7

Michael Poole
(Disclaimer: I am neither a lawyer nor Debian developer.)



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