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Re: pine license



On Tue, May 10, 2005 at 01:49:01PM -0400, Jaldhar H. Vyas wrote:
> On Tue, 10 May 2005, Goswin von Brederlow wrote:
> > > Just establish the non-free section and move everything over.  If anyone
> > > complains then just drop the package they're complaining about.  Of course,
> > > NO ONE is going to complain since they know we will "become" Debian soon
> > > anyway (and for all intents we ARE Debian - just not on their server), and
> > > they've already given Debian permission to distribute.  For the rest of
> > > non-free, permission to distribute is not an issue, and not the reason
> > > they're in non-free to begin with.
> >
> > The pine author would for one thing.
> 
> Can we stop with that particular piece of FUD?  The authors of Pine have
> no problems with third-party redistribution of of their software as long

The license (attached for archival) very explicitly and carefully does *not*
give permission for for-profit organizations to distribute Pine as part of a
software collection also containing proprietary software.  (#1 is non-profit
only, #2 is free-of-charge only, and #3 is non-proprietary only.)

Pine can not be distributed in main, because it does not grant permissions
explicitly required by DFSG#1 and #9, and people distributing Debian depend
on Debian holding to those requirements.  Labelling this fact "FUD" is a gross
dismissal of the importance of this.

> as the version number contains an L to show it is not the pristine UW
> version.  We don't distribute it because we follow the letter of their
> license which unfortunately doesn't match their intentions and even more
> unfortunately they are not in a hurry to fix.  But the authors of Pine
> don't mind at all.  They even have a page of links to third party ports [1]
> for heavens sake!

As the copyright of Pine is owned by UofW, and not the authors of Pine, their
opinion is--unfortuantely!--of little relevance.

In the past, UW has (in my opinion) played deliberate word games to
retroactively revoke the Freeness of a prior Pine license, and this license
is clearly non-free *without* any such stretching or contriving.

-- 
Glenn Maynard
Pine License and Legal Notices
Pine and Pico are registered trademarks of the University of Washington. No
commercial use of these trademarks may be made without prior written permission
of the University of Washington.

Pine, Pico, and Pilot software and its included text are Copyright 1989-2005
by the University of Washington. 

Use of Pine/Pico/Pilot: You may compile and execute these programs for any
purpose, including commercial, without paying anything to the University of
Washington, provided that the legal notices are maintained intact and honored.

Local modification of this release is permitted as follows, or by mutual
agreement: In order to reduce confusion and facilitate debugging, we request
that locally modified versions be denoted by appending the letter "L" to the
current version number, and that the local changes be enumerated in the
integral release notes and associated documentation.

Redistribution of this release is permitted as follows, or by mutual agreement:
(a) In free-of-charge or at-cost distributions by non-profit concerns;
(b) In free-of-charge distributions by for-profit concerns;
(c) Inclusion in a CD-ROM collection of free-of-charge, shareware, or non-
proprietary software for which a fee may be charged for the packaged
distribution. 

Redistribution of binary versions is further constrained by license agreements
for incorporated libraries from third parties, e.g. LDAP, GSSAPI.

The University of Washington encourages unrestricted distribution of individual
patches to the Pine system. By "patches" we mean "difference" files that can
be applied to the University of Washington Pine source distribution in order
to accomplish bug fixes, minor enhancements, or adaptation to new operating
systems. Submission of these patches to University of Washington for possible
inclusion in future Pine versions is also encouraged, with the understanding
that they would be treated the same as all other Pine code in terms of
licensing and the submission does not include any software which infringes
third party rights.

The above permissions are hereby granted, provided that the Pine and Pico
copyright and trademark notices appear in all copies and that both the above
copyright notice and this permission notice appear in supporting documentation,
and that the name of the University of Washington not be used in advertising
or publicity pertaining to distribution of the software without specific,
prior written permission, and provided you acknowledge that pursuant to U.S.
laws, Pine, Pico & Pilot software may not be downloaded, acquired or otherwise
exported or re-exported (i) into, or to a national or resident of any country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders. 

By downloading the software, you represent that: 1) you are not located in or
under the control of a national or resident of any such country or on any such
list; and 2) you will not export or re-export the software to any prohibited
country, or to any prohibited person, entity, or end-user as specified by U.S.
export controls. 

This software is made available "as is", and

THE UNIVERSITY OF WASHINGTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
REGARD TO THIS SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL THE
UNIVERSITY OF WASHINGTON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE. 



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