Re: The APSL and Export Controls
On Mon, 29 Mar 1999, Chip Salzenberg wrote:
> > Must! I *must* notify apple by filling out the form. If I can't,
> > for any of the reasons I suggested above, I cannot distribute the
> > derived work.
>
> Not so:
>
> 13.5 Waiver; Construction. Failure by Apple to enforce any
> provision of this License will not be deemed a waiver of future
> enforcement of that or any other provision.
>
> If Apple fails to make the given web site available, then it is
> failing to enforce the notification clause. That doesn't mean you
> can't distribute, it just means that the notification clause is in
> abeyance until Apple puts the site back up.
It's not. Failure to enforce would be not chasing me up if I made a
violation. Failing to provide the web page is something else entirely.
And there's nothing in that contract which obliges apple to do so.
>
> And Apple doesn't specify a time line for notification, either.
I would say it does. It says that I 'may deploy covered code' *if* I
'notify Apple'..'by filling out'..
I interpret that as, until I fill out that form, I have no right to deploy
the code.
Note that this is *extremely* inconvienient, since every single trivial
patch-bump on my code requires me to first notify apple. If I have a
public-access CVS server, every single check-in...
Jules
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| Jules aka | jules@debian.org | Richmond, Surrey |
| Julian Bean | jmlb2@hermes.cam.ac.uk | TW9 2TF *UK* |
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