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Re: Poly/ML license



 > Please  read this licence  and click  on the  Accept button  at the
 > bottom if you are happy to accept it.

<snip>

 > Before downloading Poly/ML  you must read and agree  to the licence
 > below.  If you  are downloading this in order  to make it available
 > to others, for example to install it on a server at your University
 > or place  of work, you agree  that everyone who has  use of Poly/ML
 > will abide by this licence.
 
Licenses requiring  acceptance are not  considered DFSG free.  See the
DFSG FAQ at http://people.debian.orb/~bap/dfsg-faq.html

 > IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This Licence

In law,  *users* are required to  read something only if  it imposes a
burden / obligation on them. 
 
 > You  may install a  copy of  the Software  and may  use it  only in
 > accordance  with  and  to  the  extent allowed  by  the  terms  and
 > conditions of  this License Agreement. By clicking  on the "Accept"
 > button, installing, copying or otherwise so using the Software, you
 > agree to be bound by the terms of this Licence Agreement. If you do
 > not  agree to the  terms of  this Licence  Agreement, click  on the
 > "Cancel" button and/or do not  install the Software. YOU AGREE THAT
 > YOUR  USE OF  THE  PROGRAM  ACKNOWLEDGES THAT  YOU  HAVE READ  THIS
 > LICENCE,  UNDERSTAND IT, AND  AGREE TO  BE BOUND  BY ITS  TERMS AND
 > CONDITIONS.  

See above.
 
 >  4. The  copyright  and   other  intellectual  property  rights  of
 > whatever nature in  any improvements, enhancements or modifications
 > to the source  code of the Software or  which necessitate access to
 > the source  code of  the Software  in order to  be compiled  into a
 > functioning binary  form and which  are made by the  Licensee ("the
 > Improvements") shall vest in and  be and remain the property of the
 > Licensee.

This  means,  if you  modify  the  program,  the copyright  in  *your*
modifications  vests in  the licensor  and operates  as  assignment of
copyright.    This  is   void   in  most   jurisdictions  since   most
jurisdictions  require  that assignment  of  copyright  has  to be  in
writing. AFAIK,  English law too  requires assignment in  writing. Was
this license really written by a qualified lawyer? 

 > 5. The   Licensee  grants  to   the  Licensor   in  good   faith  a
 > non-exclusive,  royalty-free licence to  use any  Improvements with
 > the right to grant sub-licences to any existing or future licensees
 > of the Software.

That is the right to distribute modified and unmodified copies. Fine.

 > 6. The Licensor shall be bound to grant sub-licenses of the
 > Improvements on being requested so to do by any existing or future
 > Licensee of the Software. The Improvements shall promptly be made
 > available by the Licensee to the Licensor and by the Licensor to
 > any sub-licensee. Such Improvements shall be made available to a
 > degree of detail sufficient for the purposes of the license granted
 > under clause 5 or as required by the Licensor. 

Fails the Desert Island test.

 > 7. Any licence or sub-licence granted by either the Licensor or the
 > Licensee  of the  Software  and/or the  Improvements shall  contain
 > provisions that  reflect the provisions of this  Agreement with any
 > changes necessary to give the arrangements efficacy.
 
Generally,  it is  a very  bad idea  to allow  downstream to  modify a
license.

-- 
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+
                                          
  Mahesh T. Pai, LL.M.,                   
  'NANDINI', S. R. M. Road,               
  Ernakulam, Cochin-682018,               
  Kerala, India.                          
                                          
  http://paivakil.port5.com         
                                          
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+



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