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Re: sendmail X license (fwd)

Scripsit Richard A Nelson <cowboy@debian.org>

> ---------- Forwarded message ----------

> Use, modification and redistribution (including distribution of any
> modified or derived work) of the Software in source and binary forms is
> permitted only if each of the following conditions are met:

I don't think debian-legal is aware of any jurisdiction wherein a
copyright holder can legally restrict *use* of copies of his work,
when the copies themselves have been legally made and distributed.

Therefore the "use is permitted only if" part of this sentence is
at best a no-op, at worst FUD.

> 4. Neither the name, trademark or logo of Sendmail, Inc. (including
>    without limitation its subsidiaries or affiliates) or its contributors
>    nor the University of California or its contributors names may be
>    used to endorse or promote products, or software or services derived
>    from this Software without specific prior written permission. The
>    name "sendmail" is a registered trademark and service mark of
>    Sendmail, Inc.

Such clauses are widely believed to be unnecessary warts. Please see
Branden Robinson's eloquent denouncement of this kind of advertising
clauses at <http://lists.debian.org/debian-legal/2004/05/msg00540.html>

Debian-legal has a tradition of not considering licenses with these
clauses non-free, but if you have any occasion to try to talk the
author out of using them, please do so.

>    This license is governed by California law and both of us
>    agree that for any dispute arising out of or relating to this Software,
>    that jurisdiction and venue is proper in San Francisco or Alameda
>    counties.

That is a stinker, I think. It appears to mean that if I use sendmail,
and the upstream authors for some reason think that I'm violating
their terms, I am required to go to San Francisco to protest my
innocense. This is a non-free condition, I think.

It would be OK for the Sendmail people to say "if the user wants to
sue *us*, he must do it in SF" - but asking the user in advance to
come to America to answer to any possible future frivolous lawsuit is
too much.

Henning Makholm                            "Manden med det store pindsvin er
                              kommet vel ombord i den grønne dobbeltdækker."

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