BitTorrent Open Source License (Proposed Changes)
Hello legal gurus:
I have been trying to get the authors of BitTorrent to change their
license (the BitTorrent Open Source License) in order to make it
suitable for inclusion in Debian. The BitTorrent Open Source License
has been discussed before on this list [1, 2]. It is my understanding
that the only two sections which cause problems are Section 13
(choice-of-venue) and Section 4.b (keep source online for 6 months).
I am trying to make it easy for Bram et al. to change the license and
would like to propose new language specifically for him to include.
The offending sections of the old license are included here, and my
proposed changed sections. Would making these changes make the
license suitable?
Section 13:
ORIGINAL:
13. 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 provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. You expressly agree that any litigation
relating to this license shall be subject to the jurisdiction of the
Federal Courts of the Northern District of California or the Superior
Court of the County of Santa Clara, California (as appropriate), with
venue lying in Santa Clara County, California, with the losing party
responsible for costs including, without limitation, court costs and
reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You and Licensor expressly waive any rights to a
jury trial in any litigation concerning Licensed Product or this
License. Any law or regulation that provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.
MODIFIED:
13. 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 provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. You expressly agree that any litigation
relating to this license shall be subject to the jurisdiction of the
Federal Courts of the Northern District of California or the Superior
Court of the County of Santa Clara, California (as appropriate), with
the losing party responsible for costs including, without limitation,
court costs and reasonable attorneys fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You and Licensor
expressly waive any rights to a jury trial in any litigation
concerning Licensed Product or this License. Any law or regulation
that provides that the language of a contract shall be construed
against the drafter shall not apply to this License.
Section 4.b:
ORIGINAL:
b. Availability of Source Code. You must make available, under
the terms of this License, the Source Code of the Licensed Product and
any Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or
via a mechanism generally accepted in the software development
community for the electronic transfer of data (an "Electronic
Distribution Mechanism"). The Source Code for any version of Licensed
Product or Modifications that you distribute must remain available for
at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version of
said Licensed Product or Modifications has been made available. You
are responsible for ensuring that the Source Code version remains
available even if the Electronic Distribution Mechanism is maintained
by a third party.
MODIFIED:
b. Availability of Source Code. You must make available, under
the terms of this License, the Source Code of the Licensed Product and
any Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or
via a mechanism generally accepted in the software development
community for the electronic transfer of data (an "Electronic
Distribution Mechanism"). The Source Code for any version of Licensed
Product or Modifications that you distribute must remain available for
as long as any executable or other form of the Licensed Product is
available. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
1. http://lists.debian.org/debian-legal/2005/03/msg00181.html
2. http://lists.debian.org/debian-legal/2005/03/msg00581.html
--
Michael Janssen --- Jamuraa --- jamuraa@base0.net --- jamuraa@debian.org
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