Re: Please pass judgement on X-Oz licence: free or nay?
Joe Wreschnig wrote:
>1. I'm on the list. Please don't Cc me.
All right.
>2. Don't break threads.
This is temporarily unavoidable. When I get back to a decent machine....
>On Mon, 2004-08-09 at 22:36, Nathanael Nerode wrote:
>> Pay more attention. :-)
>>
>> The warranty disclaimer is not a condition of the license; it's not a
>> condition of any sort, simply an assertion that there is no warranty.
>> Now if a license said "provided that you accept the following
>> disclaimer", that would be a condition.
>
>Then there are no conditions in the X license; "The above copyright
>notice and this permission notice shall be included in all copies or
>substantial portions of the Software." is also an assertion.
Oh, we *were* looking at different licenses. That explains why we were
talking at cross-purposes. :-)
In the X11 license (look at X.org) -- which I was looking at -- the
requirement to keep notices is in a subordinate clause:
"Permission is hereby granted... *provided* that the above copyright
notice(s) and this permission notice appear in all copies of the
Software and that both the above copyright notice(s) and this permission
notice appear in supporting documentation."
(Emphasis mine.)
The word "provided" makes a difference.
What opensource.org calls the "MIT license" (and gnu.org calls the
"Expat license") -- which you were looking at -- is *different*:
"Permission is hereby granted.... subject to the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."
Here, there indeed appear to be three conditions (the three sentences
following the colon): retaining the copyright notice, agreeing that the
software is provided "as is", and agreeing that the authors will not be
liable.
Note that the MIT/Expat license does *not* contain a don't-use-my-name
clause. The X11/X.org license does, but it's not a condition. The X-Oz
license does, and it is a condition.
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