Re: sendmail X license (fwd)
Scripsit Richard A Nelson <firstname.lastname@example.org>
> ---------- Forwarded message ----------
> SENDMAIL OPEN SOURCE LICENSE
> 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
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
Henning Makholm "Manden med det store pindsvin er
kommet vel ombord i den grønne dobbeltdækker."