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Re: license question

Brian Ristuccia wrote:
> 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.

But does it violate the DFSG?

I suppose it may discriminate from Fields of Endeavor such as breaking the
law, which may violate DFSG point #6.

> 5. The documentation is completely and totally non-free

Nod. Do you think removing the documentation from the package constitutes
modifying it, and would violate the license?

> 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
> brianr@osiris.978.org
> bristucc@nortelnetworks.com
> bristucc@cs.uml.edu

see shy jo

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