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Re: license question

On Mon, Oct 04, 1999 at 03:48:51PM -0700, Joey Hess wrote:
> What do people think of the following licence? I think there are tons of
> problems, and I'd like a laundry-list of them to bring to the author's
> attention.

There's a few issues with this license that I can see at first glance:

1. Incorporating laws by copy or by reference is unneccessary and annoying.

5. The documentation is completely and totally non-free

6. A potential loophole: A number of programmers could each take 1,000 line
   sections of the source code and incorporate them into several other dummy
   programs. Each of the dummy programs would be licensed under the GPL or
   the Artistic License as described in item 6. Then another programmer
   could combine the analog code from the dummy programs into a GPL'd or
   Artistic Licensed Analog.

> Analog is copyright (C) Stephen R. E. Turner 1995 - 1999.
> This copyright applies to all source code, compiled code, documentation, and
> graphics, except those parts written by other people (which are normally
> copyright their authors).
> This licence describes the conditions under which you may use, modify and
> distribute version 3.32 of analog ("the program"). Except where stated,
> the conditions of this licence apply equally to the source code for the
> program, as well as to any compiled version. The form interface program is
> part of the program for the purposes of this licence. If you are unable or
> unwilling to accept these conditions in full, then, notwithstanding the
> conditions in the remainder of this licence, you may not use, modify or
> distribute the program at all. Text in square brackets is intended for
> guidance only and does not form part of the licence in any way.
> [Analog is free software. This licence is designed not to restrict your
> freedom except insofar as is necessary to ensure that the program remains free
> for all. If you want to do something that is against this licence, but within
> the spirit of free software, then let's talk about it.]
> 1) Any use of analog which is illegal under international or local law is
>    forbidden by this licence. Any such action is the sole responsibility of
>    the person committing the action.
>    [Some jurisdictions regulate the collection and processing of data relating
>    to individuals, for example.]
> 2) The program may be used free of charge by any person or organisation to
>    whom it is made available, provided that that person accepts the conditions
>    of this licence.
> 3) The program may be copied and distributed by any person or organisation in
>    any way whatsoever, provided that any distribution is accompanied by a copy
>    of all the documentation pertaining to the program. You may not charge
>    for the program itself, only for reasonable costs of distributing the
>    program, and you must not do anything to suggest to the person to whom it is
>    distributed that analog is anything other than free software. Furthermore,
>    you may not charge for distributing a modified version of the program
>    unless the source code for the modified version, or a list of differences
>    between the modified version and the original version, is publicly and
>    freely available in machine readable form. 
>    [If you distribute analog with a book or something like that, I'd be
>    pleased to receive a copy].
> 4) You may make a reasonable charge for either of the following services,
>    provided in each case that the third party is first made aware that analog
>    is free software and that the charge is therefore for your labour,
>    expertise and costs.
>    i) Installing the program on a computer on behalf of a third party;
>   ii) Running the program and providing output from it to a third party.
>    You may not charge for these services in connection with a modified version
>    of the program unless the source code for the modified version, or a list
>    of differences between the modified version and the original version, is
>    publicly and freely available in machine readable form.
> 5) You may modify the program in any way you wish provided that all of the
>    following conditions are met.
>    i) Any modification in the source code is clearly marked as such;
>   ii) No modification is made to my documentation;
>       [Any documentation needed on your changes must therefore be made in a
>       separate file].
>  iii) The VNUMBER string is changed to "3.32(modified)";
>       [This string can be found near the top of analhea2.h].
>   iv) You ensure that the HTML2.0 logo is never produced except when the
>       output is HTML2.0 conformant;
>       [This logo is produced in the function pagebot() in output2.c.
>        An HTML validator can be found at http://validator.w3.org/]
>    v) Any HTML output includes a link to the analog home page.
>   vi) All of the conditions of this licence, and no other conditions, apply to
>       your modified version.
>    You may claim copyright for the parts of the program you have written.
>    Changing the default options in the file analhead.h does not count as
>    modifying the program.
>    [You are encouraged to submit your changes to me for inclusion in subsequent
>    versions of analog].
> 6) You may use up to 1000 lines of my source code, modified or unmodified,
>    in your own program provided that both of the following conditions are met.
>    i) Authorship of my code is attributed to me, both in the source code for
>       your program, and in the documentation for your program if there is any;
>   ii) Your program must be used, modified and distributed as if it were a
>       modified version of analog under this licence, or as if it had been
>       distributed under the terms of version 2 or later of the Gnu General
>       Public Licence, or the Perl Artistic Licence, at your option.
>    [See http://www.gnu.org/copyleft/gpl.html and
>     http://language.perl.com/misc/Artistic.html respectively].
> 7) No warranty of any sort, expressed or implied, is provided in connection
>    with the program, including, but not limited to, implied warranties of
>    merchantibility or fitness for a particular purpose. Any cost, loss or
>    damage of any sort incurred owing to the malfunction or misuse of the
>    program or the inaccuracy of the documentation or connected with the program
>    in any other way whatsoever is the responsibility of the person who incurred
>    the cost, loss or damage. By using this program you give up any right to
>    seek any damages against me in connection with this program. 
> 8) I, Stephen Turner, reserve the right to make exceptions to any of these
>    conditions, or alter these conditions, at any time. However, you may always
>    use these conditions instead of any altered version if you prefer.
>    [Note that this licence explicitly applies only to one version of
>    analog. Therefore, if I make new conditions in connection with a future
>    version, you do not then have the right to apply these conditions to that
>    version instead].
>                                         Stephen R. E. Turner
>                                         Statistical Laboratory
>                                         16 Mill Lane
>                                         Cambridge
>                                         England
>                                         sret1@cam.ac.uk
>                                         http://www.statslab.cam.ac.uk/~sret1/
>                                         2nd September 1999

Brian Ristuccia

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