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Re: Global IP Sound iLBC Public License, v2.0 - IETF Version



>2. Covered Code may be Deployed only in compliance with the then-applicable 
>IETF Standard, and Modifications must not change the format of the bitstream.
>(C) You may create a Larger Work by combining Covered Code with other code 
and 
>distribute the Larger Work as a single product; but You must ensure that the 
>requirements of this License, including Section 2.1(B)(2), are fulfilled.

Non-free restriction.  This has to be removed outright to be DFSG-free.  What 
is acceptable is to require a name change or a notice if the code is reused 
in a manner which doesn't comply with the standard or changes the format.
(This would be done in order to reuse the code for entirely different 
purposes.)

>2.4 Registration. You must register Your Deployment (non-personal) use of the 
>Original Code and acceptance of this License by completing Appendix A and 
>returning it to GIPS as indicated (or providing equivalent information to 
>GIPS).
Non-free restriction, requires GIPS to be notified (even 50 years in the 
future when GIPS may not exist).

>2.5 Your Grants. In consideration of and as a condition to the licenses 
>granted to You, You hereby grant to GIPS, under Your applicable patent and 
>other intellectual property rights, an unrestricted, non-exclusive, 
>worldwide, royalty-free, perpetual, and irrevocable license to (a) Your 
>Modifications and (b) any error reports or other feedback you provide to GIPS 
>regarding the Original Code.
Paired with the definition of Modifications, applies to undistributed 
modifications, which is non-free.

>2.7 Derivative Works. If You create or use a modified version of this License 
>(which You may only do in order to apply it to code that is not already 
>Covered Code governed by this License), You must (a) rename the license and 
>(b) otherwise make it clear that Your version of the license contains terms 
>which differ from this License.
I'm very pleased that these terms are showing up.  They're much better than 
the old "no modification allowed" terms we're used to.  Pity they're in 
non-free licenses.

>6 TRADEMARKS.
>This License does not grant any right or license to use the trademarks or 
>trade names “Global IP Sound”, “GIPS”, “iLBC”, “SoundWare”, or any other GIPS 
>trademarks, trade names, design marks, or logos (collectively, “GIPS Marks”), 
>except that “iLBC” may be used in reference to the IETF Standard. No GIPS 
>Marks may be used to endorse or promote products derived from the Original 
>Code other than as permitted by and in strict compliance with GIPS's 
>trademark usage guidelines.
I'm impressed: this might actually be a DFSG-free trademark clause.

>Any litigation relating to this License is 
>subject to the jurisdiction of the Federal Courts of the Northern District of 
>California, with venue in San Francisco County, California, and You and GIPS 
>hereby consent to personal jurisdiction and venue therein with respect to 
>this License. 
Unacceptable.  No way I'm travelling to San Fransisco if they sue me.

-- 
Nathanael Nerode  <neroden@twcny.rr.com>

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