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Re: IBM documentation license



Eduard Bloch wrote:

> Hello,
> 
> I have problems interpreting the following copyright statement which
> covers the documenting of the ICU library from IBM (which itself is
> free). IMHO it is non-free, however it is full of juristical english and
> may be acceptable for main if one can extract the relevant parts from
> all the blah, blah. The most interessting part is on the bottom of the
> text.
> 
> Permission to Reprint IBM Copyrighted Publications
> 
>       INTERNATIONAL BUSINESS MACHINES CORPORATION ARMONK, NEW YORK 10594
> 
>       PERMISSION TO REPRINT IBM COPYRIGHTED PUBLICATIONS
> 
>       IBM grants permission to reproduce the requested copyrighted
>       publication owned by INTERNATIONAL BUSINESS MACHINES CORPORATION
>       under the conditions specified.
Grants permission to reproduce; nothing else.  Debian needs more.

>       Such reproduction must be accompanied by the following credit
>       line: "Reprinted by permission from International Business
>       Machines Corporation copyright (year)" which should include the
>       years in the original copyright notice for publication named.
Acceptable restriction.

>       The 
>       credit line normally should appear on the page where the
>       reproduction appears either under the title or as a footnote.
Unsure, but "normally should" seems to give some broad leeway.

>       When more than one IBM publication is excerpted in the same
>       publication, a consolidated credit paragraph may be used on the
>       title page, or in a conveniently viewable manner, listing the
>       titles, corresponding copyright notices, and references to the
>       points where excerpts appear.
That's good.

>       It is the understanding of INTERNATIONAL BUSINESS MACHINES
>       CORPORATION that the purpose for which its publications are being
>       reproduced is accurate and true as stated in your attached
>       request.
So the permission only applies to a specific "attached request"?...

>       Permission to quote from or reprint IBM publications is limited to
>       the purpose and quantities originally requested and must not be
>       construed as a blanket license to use the material for other
>       purposes or to reprint other IBM copyrighted material.
...Yep, it does.  That's not a free license.  It may be distributable in
'non-free' if you write your "attached request" broadly enough.  :-)

>       IBM reserves the right to withdraw permission to reproduce
>       copyrighted material whenever, in its discretion, it feels that
>       the privilege of reproducing its material is being used in a way
>       detrimental to its interest or the above instructions are not
>       being followed properly to protect its copyright.
Non-free.

>       No permission is granted to use trademarks of International
>       Business Machines Corporation and its affiliates apart from the
>       incidental appearance of such trademarks in the titles, text, and
>       illustrations of the named publications. The appearance should not
>       be of a manner which might cause confusion of origin or appear to
>       endorse non-IBM products. Any proposed use of trademarks apart
>       from such incidental appearance requires separate approval in
>       writing and ordinarily cannot be given.
This is fine; trademark protection clauses should all look like this.

>       THIS PERMISSION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER
>       EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
>       WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
>       PURPOSE.
Fine, usual disclaimer.

> Notices
<snip>
These are all informational and do not actually affect the license, as far
as I can tell.

>       COPYRIGHT LICENSE:
> 
>       This information contains sample application programs in source
>       language, which illustrates programming techniques on various
>       operating platforms. You may copy, modify, and distribute these
>       sample programs in any form without payment to IBM,
This is a license grant for the 'sample programs', and it's a broader
license grant than the general grant for the 'documentation'...

>       for the 
>       purposes of developing, using, marketing or distributing
>       application programs conforming to the application programming
>       interface for the operating platform for which the sample programs
>       are written.
...and this is a non-free restriction.

>       These examples have not been thoroughly tested under all
>       conditions. IBM, therefore, cannot guarantee or imply reliability,
>       serviceability, or function of these programs.
Usual disclaimer.

>       If you are viewing this information softcopy, the photographs and
>       color illustrations may not appear.
Informational, no effect.

-- 
There are none so blind as those who will not see.



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