Re: diablo license
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On Thu, 29 Mar 2001, Marco d'Itri wrote:
>[Please Cc: me, I'm not subscribed to this list.]
>
>Can somebody confirm that clause 5 is allowed by of DFSG and OSD (on
>the web site the authors states this is open source software)?
>
>
>
>
> COPYRIGHT FILE FOR DIABLO
>
> This entire archive, except for pieces explicitly labeled with another
> copyright, is (c)Copyright 1996-1999, Matthew Dillon.
>
> Some portions Copyright (C) 1998-2000 by Joe Greco and sol.net Network
> Services. Portions not bearing explicit conditions for redistribution
> and use are distributed under the terms described in this file.
>
> Some portions Copyright (C) 2000-2001 by Russell Vincent.
> Portions not bearing explicit conditions for redistribution
> and use are distributed under the terms described in this file.
>
>Redistribution and use in source and binary forms, with or without
>modification, are permitted provided that the following conditions
>are met:
>1. Redistributions of source code must retain the above copyright
> notice, this list of conditions and the following disclaimer.
>2. Redistributions in binary form must reproduce the above copyright
> notice, this list of conditions and the following disclaimer in the
> documentation and/or other materials provided with the distribution.
>3. All advertising materials mentioning features or use of this software
> must display the following acknowledgment:
>This product includes UNIX software developed by Matthew Dillon and other
>contributors.
>4. Neither Matthew Dillon's name nor the names of other contributors
> may be used to endorse or promote products derived from this software
> without specific prior written permission.
4-clause BSD at this point...
>5. When this software or any work derived from this software is used in a
> commercial product or bundled with a commercial product, the vendor must
> also produce the program this software is derived from for either the Linux
> or FreeBSD operating systems. The Linux or FreeBSD version of the product
> must be sold for substantially the same amount of money as the product
> for other platforms, and the Linux or FreeBSD releases must be kept up to
> date with the releases for other platforms.
Skating the thin line here. Discrimination by adding an obligation.
However, additional obligations do not necessarily put it in non-free.
Debian's in the clear, that's for certain. I'd say offhand that they're
on the right side of the line, but just BARELY...
>THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
>INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
>FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL MATTHEW
>DILLON OR OTHER CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
> SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
> PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
> OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
> WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
>OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
> OF THE POSSIBILITY OF SUCH DAMAGE.
Typical disclaimer of warranty....
>
>
- --
You have paid nothing for the preceding, therefore it's worth every penny
you've paid for it: if you did pay for it, might I remind you of the
immortal words of Phineas Taylor Barnum regarding fools and money?
Who is John Galt? galt@inconnu.isu.edu, that's who!
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