Re: [Q] about a draft of a license

[Henning Makholm <henning@makholm.net>]

Scripsit Taketoshi Sano <sano@debian.org>

> Here is a draft of the license for the next major version of fdclone
>  (which is a popular console-based file manager in Japan).
> I think this can be considered DSFG compatible, but I wish to know
> others' opinion on this list (debian-legal).

I'm worried that it does not explicitly permit modified versions.
Presumably the idea is to permit modified versions, but it needs
to say so explicitly.

> The author and me has been discussed about the current license of
> fdclone 1.x; The author wish to release his software as "free" one,
> but he also wish to give some incentive for distributors to contact
> him before starting to redistribute his software.

As far as I understand the text, the quite elaborate "registration"
machinery only means that the author does not provide support for
unregistered copies. That is quite reasonable, but I think that
the license ought to make clearer that unregistered copying and
modification is still *legal*.

I think the intentions and legal impact would be much clearer if
you rearrange the licence in the following general pattern:

  1. Anyone is allowed to use, modify, copy and/or distribute
     the program, without asking further permission, for whatever
     purpose and with or without profit being made.
       [insert viral clauses or other conditions on licensing
       of deriviate works here].

  2. Please do not contact the author with bug reports or suggestions
     unless you got your copy directly from us or from a distributor
     who cooperates with us.
       [describe which kind of cooperation you require here]

  3. Distributors are encouraged, but not required, to tell us that
     they distribute the program.

  4. THIS PROGRAM COMES WITH NO WARRANTY. SHOUT SHOUT SHOUT!
     STANDARD DISCLAIMER IN ALL CAPS! SHOUT SHOUT SHOUT!

I would discourage the use of "partial responsibility" about
normal user support in a legal document. Without intending
offense, I must note that the person who wrote the license does
not have the very best command of the English language. Saying
something like "I accept responsibility..." in a foreign language
could very easily lead a situation where you accept more (monetary)
responsibilty than you intended to.

-- 
Henning Makholm        "Jeg køber intet af Sulla, og selv om uordenen griber
                    planmæssigt om sig, så er vi endnu ikke nået dertil hvor
                   ordentlige mennesker kan tillade sig at stjæle slaver fra
 hinanden. Så er det ligegyldigt, hvor stærke, politiske modstandere vi er."