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Re: Debian Legal summary of the X-Oz License

On 2004-03-08 00:59:06 +0000 selussos <mgr@x-oz.com> wrote:

However, I think the use is significantly different. The copyright permissions granted by the X.org licence found at http://www.x.org/Downloads_terms.html do not seem to be conditional on that term. The permissions of the X-Oz licence are.

Could you please look at the X.org and X-Oz licences again and notice this difference? If you want to mimic the X.org licence, then will you make that clause a notice in the footer instead, please? Copyright licence conditions are the wrong way to police trademarks.

That possibly could be your own _personal_ prejudice which is understandable but I think that U.S. Copyright is fairly well deployed throughout this world and is internationally recognized.

It's not prejudice, but understanding. It took some time to understand that copyright licences can easily become non-free if you try to use them to enforce trademarks. Most of my learning curve is in the -legal list archive. If you want to learn about it, I suggest the "Jeff Licquia" thread (good summary from Branden in July 2002 http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00256.html), the "TEI Guidelines" thread (recent, but a bit wordy and vague) and the various "logo" threads.

Next, United States copyright law has the United States as its scope and I'm not sure that anywhere else recognises exactly the same words. If you want to look at the international agreements, the main one is the Berne Convention. You can find the text at http://www.law.cornell.edu/treaties/berne/overview.html amongst others. Your copyright adviser should be able to tell you more about this.

Nothing that I know makes a notice mean the same as a condition of a permission grant. Can you see why a condition of the permission grant (such as your condition clause 4) is different to a notice in the licence (such as the X.org phrase that you mentioned)? If you wish to achieve the same effect as the X.org licence, will you change condition clause 4 into a notice at the end, like the X.org licence, please?

MJR/slef     My Opinion Only and possibly not of any group I know.
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