Re: Help with SPIN License
On Jan 29, 2004, at 23:21, mcguire@cs.utexas.edu wrote:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. BY CLICKING ON
THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, USING,
COPYING,
MODIFYING OR DISTRIBUTING THE SOFTWARE OR DERIVATIVE WORKS THEREOF,
YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "DO NOT ACCEPT"
BUTTON BELOW AND THE INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.
gak. Click-wrap license.
2.0 GRANT of Rights 2.1 Subject to the terms of this Agreement,
Original Contributor grants to Licensee , a royalty-free, nonexclusive,
non-transferable, worldwide license, subject to third party
intellectual
proper ty claims, to use, reproduce, modify, execute, display, perform,
distribute and sublicense, the Original Soft ware (with or without
Modifications) in Source Code form and/or Object Code form for
commercial
and/o r non-commercial purposes subject to the terms of this Agreement.
OK, they in seem to grant the right to distribute both modified and
unmodified copies, in both source and object form.
This grant includes a nonexclusive and
non-transferable license under
any patents which Original Contributor has a right to license and
which,
but fo r this license, are unavoidably and necessarily infringed by the
execution of the inherent functionality of the
Original Software in the form
furnished under this Agreement.
And they grant licenses to patents they hold, if any.
Nothing contained herein shall be
construed as conferring by implication, estoppel or otherwise any
license
or right under any existing or future patent claim which is directed
to a combination of the functionality of the Original Software with
the functionalit y of any other software programs, or a combination of
hardware systems other than the combination of the Original
Software and the hardware or
firmware into which the Original Software is loaded.
... but if you combine it with something else, we may still enforce any
patents we have that cover that combination.
Distribution of
Licensed S oftware to third parties pursuant to this grant shall be
subject to the same terms and conditions as set forth in
this Agreement, and may, at your
option, include a reasonable charge for the cost of any media.
If you distribute this software, you must do so under this license.
This makes this GPL-incompatible, but it's not a DFSG problem.
You may charge for the media.
You may
also, a t your option, charge for any other software, product or
service
which includes or incorporates the Original Software as a part thereof.
You may charge for things including the software as well.
2.2 Subject to the terms of this Agreement, each Contributor grants to
Licensee, a royalty-free, nonexclusive, non- transferable, worldwide
license, subject to third party intellectual property c laims, to use,
reproduce, modify, execute, display, perform, distribute and
sublicense,
Modifications created by such Contributor in Source Code form and/or
Object Code form for commercial and/or non-commercial purposes subj ect
to the terms of this Agreement.
The other people, besides Lucent, who have contributed to the software
grant you the same rights Lucent has.
(snipping the rest of this section, don't see anything different)
3.0 DISTRIBUTION OBLIGATIONS 3.1 Modifications which You create or to
which You contribute are governed by the t erms of this Agreement and
must
be made available under the terms this Agreement in at least the same
form
as the Source Code version of
Licensed Software furnished hereunder. Any distribution by You of the
Source C ode version of Licensed Software must be made under the terms
of this Agreement or any future version o f this Agreement under
Section
11.0, and You must include a copy of this Agreement with each and every
copy of such Source Code
version of Licensed Software which You distribute. You may not offer
or impose
any terms on any such
Source Code version of Licensed Software that alters or restricts the
terms of the applicable version of this Agreement or the Recipients"
rights and obligations hereunder.
This looks like standard copyleft verbage.
3.2 You must cause all Licensed Software to which You contribute,
i.e. Your Modific ations, to contain a clear identification, e.g.,
a separate file, documenting the changes made by You and identifying
You as the Contributor that reasonably allows subsequent Recipients to
identify the origin ator of the Modification. To the extent You create
at least one Modification, You may add Your name as a Contrib utor to
the requisite notice described in Section 3.3.
Make a note you changed it, ok.
3.3 With respect to Your distribution of Licensed Software (or any
portion
thereof) , You must include the following information in a conspicuous
location governing such distribution (e.g., a sepa rate file) and on
all
copies of any Source Code version of Licensed Software You distribute:
"The contents herein includes software initially developed by Bell
Laboratories , Lucent Technologies Inc., and is subject to the terms of
the Lucent Technologies Inc. SPIN Software Publi c License Agreement.
A copy of the SPIN Software Public License Agreement is available at:
http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt
or by contacting Lucent Technologies at
spin_list@research.bell-labs.com.
All software distributed under such Agreement is distributed on
an "AS IS" basi s, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the SPIN Software Public License Agreement for the
specific language governing all rights, obliga tions and limitations
under such Agreement. Portions of the software developed by Lucent
Technologies Inc. are Copyright 19 89-2001. All rights reserved.
Contributor(s):___________________________"
Note the status of the software, ok. We do this in
/usr/share/doc/PACKAGE/copyright.
3.4 You may distribute Licensed Software in Object Code form using this
Agreement, or under a license of Your choice provided that You are in
compliance with this Agreement and Your license : (a) complies with the
terms and conditions of this Agreement; (b) does not limit or alter the
Recipient"s r ights and obligations in the Source Code version of the
Licensed Software set forth in this Agreement; (c) states t hat the
Source Code version of the Licensed Software is available from You,
and describes how to it may be obt ained by Recipient; (d) effectively
disclaims on behalf of Original Contributor and all Contributors al l
warranties and conditions, express or implied, including warranties or
conditions of title or non-infringe ment, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
(e) effecti vely excludes on behalf of Original Contributor and all
Contributors all liability for damages, including direct, i ndirect,
special, incidental, and consequential damages; and (f) clearly states
that any terms which differ from this Agreement are offered by You
alone,
not by Original Contributor or any other Contributor. You hereby ag
ree to indemnify Original Contributor or any other Contributor for any
liability incurred by Original Con tributor or any other Contributor as
result of any such differing terms You offer in Your license.
Oh, joy, I can reword the license when I distribute binary versions.
3.5 You may not use the names "Lucent Technologies", "Bell Labs" or
any other name associated with LUCENT or any LUCENT trademark for any
purposes other than as specifically provided in
Section 3.0.
Hmmm, this seems to go far beyond trademark law. It seems that if I
were to accept this license, I couldn't, for example, write a web page
that says "Lucent Technologies/Bell Labs picked a DAMN CONFUSING
LICENSE for X"
Non-free, methinks.
3.6 You must include all of the original copyright, labels or other
notices on the Licensed Software on any copies of the Licensed Software
which You make; and include with the distribution of any Modifications
You create a copy (or an offer to provide such a copy at no charge) of
the Licensed Software , on the same terms as set forth in this
Agreement.
Include copyright notices. This paragraph is delusional --- "labels"?
Do you think this is a floppy disk or something?
3.7 While this Agreement contemplates the commercial use and
distribution
of Licens ed Software, commercial distributors of software may, for a
variety of reasons, accept certain responsi bilities with respect to
customers, licensees, business partners and the like. As such, if You
or any Contributor include Licensed Software in a commercial offering
("Commercial Contributor"), such Commercial Contributor agr ees to
defend and indemnify Original Contributor and all other Contributors
(collectively "Indem nified Contributors") against any liability,
losses,
damages and costs arising from claims, lawsuits and othe r legal
actions
brought by any third party against the Indemnified Contributors to the
extent caused by the ac ts or omissions of such Commercial Contributor
in connection with its use or distribution of Licensed S oftware in a
commercial offering of any kind.
Hmmm, is this the 14th liability disclaimer?
4.0 MODIFICATIONS. You agree to provide the Original Contributor, at
its request, with a copy of t he complete Source Code version, Object
Code version and related documentation for Modifica tions created or
contributed to by You.
Fails the dissident test. Not free.
Original Contributor and/or other Contributors
shall have unrestricted, n onexclusive, worldwide, perpetual,
royalty-free
rights, to use, reproduce, modify, display, perform, sublicense an d
distribute Your Modifications, and to grant third parties the right to
do so, including without limitation as a part of or with the Licensed
Software; and Original Contributor and/or other Contributors shall
have the right to license or to otherwise transfer to third parties
Your Modifications without notice, obligation or recourse to You.
You grant t o Original Contributor, Contributors and their respective
licensees all rights and licenses (including patents) as a re necessary
to incorporate the Modifications created or contribute by You into the
Licensed Software and to us e, distribute or otherwise exploit such
Licensed Software without payment or accounting to You.
This is confusing. I /think/ it is TRYING to say that other people can
distribute your changes under this license. OTOH, it might actually say
that they can do whatever they want with them, under any license...
5.0 TITLE. Title, ownership rights, and intellectual property rights
in
the Original Softw are shall remain in the Original Contributor.
Original
Contributor and/or the other Contributors reserv e all rights not
expressly granted to You, and no other licenses are granted or implied.
The Licensed Software is protected by copyright laws and treaties.
Yeah, figures.
6.0 TERMINATION 6.1 The licenses and rights granted under this
Agreement
shall terminate automatica lly if (i) You fail to comply with all of
the terms and conditions herein; or (ii) You initiate or participat e
in any intellectual property action against Original Contributor and/or
another Contributor.
I think we agreed this is non-free. I couldn't sue Lucent because they
violated my patent on a transistor, for example.
6.2 The rights and obligations of the parties hereto which by their
nature
would co ntinue beyond termination of this Agreement shall survive and
continue after any such termination of this Agreeme nt.
"Mainly, because our lawyers couldn't make enough sense of this
document to figure out which clauses those might be."
7.0 DISCLAIMER OF WARRANTY.
didn't we already have a few?
YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED
UNDER
THIS AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS,
LATENT
AND PATENT AND WITHOUT ANY WARRANTY OF ANY TYPE.
"latent and patent", someone like rhyming.
9.0 EXPORT CONTROL. You acknowledge that the Licensed Software
hereunder
is "publicly available" as
the
term is defined under the United States export administration
regulations
and i s not subject to export control under such laws and regulations.
However, if You modify the Licensed Software to cha nge (or otherwise
affect) such publicly available status You agree that You alone are
responsible for complian ce with the United States export
administration
regulations and hereby indemnify the Original Contributor and al l
other
Contributors for any liability incurred as a result of Your actions
which resulted in any change in the export
status of the Licensed Software as
furnished hereunder.
Ok, "if you break the law, you get to be your cell-mate's wife, not us."
11.0 LICENSE VERSIONS. LUCENT, at its sole discretion, may from time
to
time publish a revised and/or new version of this Agreement (each such
revised or new version shall carry a disti nguishing version number)
which shall govern all copies of Licensed Software downloaded after
the posting of s uch revised or new version of this Agreement.
I don't think they've managed to write what they meant. This /says/
Lucent could publish a new version of the license, and suddenly copies
distributed from Debian's mirror network would be subject to the new
license.
Retro-active license change, nice stunt. Very scary and I'd say
non-free.
12.0 MISCELLANEOUS. This Agreement sets forth the entire agreement
and understanding between the pa rties as to the subject matter hereof
and merges all prior discussions between them. This Agreement shall be
governed by the laws of the State of New York, USA, excluding its
conflict
of law provision s.
I think there have been objections to choice of law provisions on this
list.
YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF
THE LICENS ED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO
THE TERMS SET FORTH HEREIN. You fu rther agree and acknowledge that
by clicking on the "ACCEPT" button below,
I see no accept button. Are you hallucinating again, Lucent?
You shall have manifested
acceptance to enter into this Agreement and shall be deemed to have
manually signed and execu ted this Agreement making this an enforceable
Agreement between the parties. If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable . YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY CLICKING ON THE
"ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE SOFTWARE YOU
ACCEPT
Still no accept button. You know, they have treatments for these types
of problems, Lucent. I suggest that you, LUCENT, ORIGINAL CONTRIBUTER,
and whatever else you call yourself, seek help from a DOCTOR
immediately.
SPIN Software Public License " Version 1.0 " 05/15/01
Microsoft-style version 1.0, it seems.
Reply to: