On Thu, 10 Mar 2005 04:31:18 -0500 Daniel Carrera wrote:
[...]
> 1.1. "Commercial Use" means distribution or otherwise making the
> Documentation available to a third party.
Huh? :-?
So when I put (say) a tutorial on my personal website and let websurfers
download it (without any fee whatsoever) I am doing "Commercial Use"...
Surprise!
Someone give me a dictionary! :-(
[...]
> 3.2. Availability of Documentation.
>
> Any Modification which You create or to which You contribute must be
> made available publicly in Editable Form under the terms of this
> License via a fixed medium or an accepted Electronic Distribution
> Mechanism.
What does this mean?
Am I compelled to publish each derivative work I create?
Even the ones I am not happy with?
This seems to be forced distribution, which is non-free.
>
> 3.3. Description of Modifications.
>
> All Documentation to which You contribute must identify the changes
> You made to create that Documentation and the date of any change. You
> must include a prominent statement that the Modification is derived,
> directly or indirectly, from Original Documentation provided by the
> Initial Writer and include the name of the Initial Writer in the
> Documentation or via an electronic link that describes the origin or
> ownership of the Documentation.
So far, so good.
> The foregoing change documentation may
> be created by using an electronic program that automatically tracks
> changes to the Documentation, and such changes must be available
> publicly for at least five years following release of the changed
> Documentation.
Huh?
What am I forced to keep publicly available for at least five years?
I don't even quite know what I will be doing on next monday, let alone 5
years from now! :-(
It seems that this may impose significant costs and burden: non-free.
[...]
> 5.2. Effect of New Versions.
>
> Once Documentation has been published under a particular version of
> the License, You may always continue to use it under the terms of that
> version. You may also choose to use such Documentation under the terms
> of any subsequent version of the License published by
> __________________[Insert name of the foundation, company, Initial
> Writer, or whoever may modify this License]. No one other than
> _________________ [Insert name of the foundation, company, Initial
> Writer, or whoever may modify this License] has the right to modify
> the terms of this License. Filling in the name of the Initial Writer,
> Original Documentation or Contributor in the notice described in the
> Appendix shall not be deemed to be Modifications of this License.
Not a Freeness issue (I believe), but simply a comment on this clause:
inserting two different entities as license-modifiers makes the two
resulting PDL variants incompatible with each other.
Correct me, if I'm wrong...
[...]
> 10.0 MISCELLANEOUS.
>
> This License represents the complete agreement concerning the subject
> matter hereof. If any provision of this License is held to be
> unenforceable, such provision shall be reformed only to the extent
> necessary to make it enforceable. This License shall be governed by
> California law, excluding its conflict-of-law provisions.
Choice of law, which is OK.
> With respect
> to disputes or any litigation relating to this License, the losing
> party is responsible for costs, including without limitation, court
> costs and reasonable attorneys' fees and expenses.
So be it.
> The application of
> the United Nations Convention on Contracts for the International Sale
> of Goods is expressly excluded. Any law or regulation which provides
> that the language of a contract shall be construed against the drafter
> shall not apply to this License.
Another magic license which claims to have the Power-to-nuke-laws(TM).
<humour class="tragicomedy">
Maybe it's the way to deal with software patents: publish under a
license that says "The application of patent laws is expressly
excluded".
</humour>
--
Today is the tomorrow you worried about yesterday.
......................................................................
Francesco Poli GnuPG Key ID = DD6DFCF4
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