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Re: Academic Free License 2.1 -- free or not?



On Sun, 17 Oct 2004 08:00:35 +0200 Arnoud Engelfriet wrote:

> Francesco Poli wrote:
[...]
> > Weird, anyway: Licensor promises to distribute source, but it seems
> > that there is no requirement for the *licensee* to do so...
> 
> I thought the point of the AFL was that it was effectively
> attribution-only. So you don't have to give anyone source code
> if you distribute an AFL-licensed binary.

Indeed. This license looks like a non-copyleft (apart from the fact that
it isn't free, hence asking whether it's a copyleft is a bit
pointless...)

[...]
> > > The application of the United Nations
> > > Convention on Contracts for the International Sale of Goods is
> > > expressly excluded.
> > 
> > Huh? Can a licence grant expressly exclude the application of a
> > convention?
> 
> In this case yes, because the convention in question says:
> 
> Article 6
> The parties may exclude the application of this Convention or,
> subject to article 12, derogate from or vary the effect of any of its
> provisions.
> http://www.cisg.law.pace.edu/cisg/text/treaty.html

OK, but both parties have to agree to exclude it: so this license smells
more like a common-law-contract, rather than a unilateral grant. The
licensee has to give up the possibility to have the Convention applied,
in order to obtain the rights attached to this `license'.
Or am I wrong?

> 
> Besides, this convention is written to apply to sale of PHYSICAL
> goods. No one knows what happens if you follow its clauses when
> dealing with software, so everyone states it doesn't apply.

Taking this into account, my concerns about this clause were perhaps
excessive...


P.S.: No need to Cc: (or To:) me, as I'm a debian-legal subscriber.
      Instead, I'm Cc:ing Carlos Laviola, since he asked to be Cc:ed
      (or did you subscribe in the meanwhile, Carlos?)


-- 
          Today is the tomorrow you worried about yesterday.
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  Francesco Poli                             GnuPG Key ID = DD6DFCF4
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