On Tue, Jan 23, 2001 at 08:01:27PM +0100, Davide Puricelli wrote:
> Hi, I'd like to hear some comments about OpenDivX license that it's attached
> below:
>
> DivX Open License
> =================
> Version 1.0
>
> Copyright (C) 2001 Project Mayo. Everyone is permitted to copy and
> distribute verbatim copies of this license document, but changing it
> is not allowed.
>
> Provided below is our open source license agreement ("License") under
> which we provide the Codec (defined below) to you free of charge.
> Please read it carefully.
>
> BY USING, COPYING, MODIFYING, OR DISTRIBUTING THE CODEC OR A LARGER
> WORK (DEFINED BELOW), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO
> DO SO, AND ALL ITS TERMS AND CONDITIONS.
>
It's not an open source license. Term #6 places limitations on distributing
modified copies. The license attempts to place restrictions on actions
beyond the scope of copyright via a clickwrap/shrinkwrap/implicit acceptance
mechanism. Additionaly, it attempts to discriminate against use by persons
engaged in certain fields of endeavor.
If term #6 were changed to read that non-conforming implementations could
not be distributed if they were called DivX, striking the words USING and
MODIFYING from the acceptance paragraph, and striking the words "personal"
and "non-commercial" from the acceptance paragraph, we would be closer to an
acceptable license.
--
Brian Ristuccia
brian@ristuccia.com
bristucc@cs.uml.edu
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