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Re: Debian Legal summary of the X-Oz License



On Sun, Mar 07, 2004 at 09:52:36PM -0500, selussos wrote:
> > Next, United States copyright law has the United States as its scope 
> > and I'm not sure that anywhere else recognises exactly the same words. 
> > If you want to look at the international agreements, the main one is 
> > the Berne Convention. You can find the text at 
> > http://www.law.cornell.edu/treaties/berne/overview.html amongst 
> > others. Your copyright adviser should be able to tell you more about 
> > this.
> > 
> > Nothing that I know makes a notice mean the same as a condition of a 
> > permission grant. Can you see why a condition of the permission grant 
> > (such as your condition clause 4) is different to a notice in the 
> > licence (such as the X.org phrase that you mentioned)? If you wish to 
> > achieve the same effect as the X.org licence, will you change 
> > condition clause 4 into a notice at the end, like the X.org licence, 
> > please?
> > 
> 
> I will be away for several days because of business requirements
> and such will not be able to familiarize myself with your concerns until
> I return.
> 
> I can only state that if the 4th clause is indeed your concern
> there is a lot more software than ours that you should be worried
> about, and so I must ask, why aren't you?

That is a very serious accusation. Please give specific examples of
all other things in the Debian archive that you are aware of with a
similar clause; we will investigate them all, and if they do indeed
share the same problems, either get the upstream authors to
clarify/change the license or remove the offending material from the
archive.

*To the best of my knowledge*, no such cases exist. The X.org, MIT,
and various BSD licenses have similar clauses, but do not have the
same issues - they are merely nebulous "may not be used to endorse or
promote products derived from this software" statements, which is
self-evident even if it weren't present in the license. But it's not
unknown for variations like this to get missed; they're often subtle.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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