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Re: GPL compatible license?

Martin Schulze <joey@infodrom.org> writes:

> Could somebody check if this license is compatible with the GPL?  It was
> considered free with Debian, if I remember correctly.  I'm a bit worried
> about 4. 'may not omit any of the copyright notices on [..] the executable
> file".
> Regards,
> 	Joey
> ------------------------------------------------------------------------------
>                 The Elm(tm) Mail System General Public License
>                     (C) Copyright 1988-1992, USENET Community Trust
> 		    (C) Copyright 1986,1987, by Dave Taylor
>      Permission is hereby granted for copying and distribution of copies of
>   the Elm source files, and that of any part thereof, subject to the following 
>   license conditions:
>         1. You may, without additional permission from the authors, distribute 
>            Elm or components of Elm, with or without additions developed by 
>            you or by others at no charge.  You may also distribute
>            Elm along 

"at no charge" is ambiguous -- do they mean that they grant this
license at no charge to me, the distributor?  Or do they mean that
I must not charge those to whom I distribute?  Given the following, it
looks like it requires me not to charge for Elm.

>            with any other product for sale, provided that the cost of the 
>            bundled package is the same regardless of whether Elm is included,
>            and provided that those interested only in Elm must be notified 
>            that it is a product freely available from the Elm Development Group.

This is GPL-incompatible, since it governs how much I may charge for

I'm not convinced that it's Free, since the usual "package with the
trivial program" work-around doesn't appear to apply.

>         2. You may, without additional permission from the authors, distribute 
> 	   copies of the Elm Documentation, with or without additions developed by 
>            you or by others at no charge or at a charge that covers the cost of
> 	   reproducing the copies, provided that the Elm copyright notice is
> 	   retained.
>         3. Furthermore, if you distribute Elm software or parts of Elm, with 
>            or without additions developed by you or others, then you must 
>            either make available the source to all portions of the Elm system 
>            (exclusive of any additions made by you or by others) upon request, 
>            or instead you may notify anyone requesting source that it is 
>            freely available from the Elm Development Group.

I have to continue to maintain a source archive and provide it on
request -- even if I originally provided source?

I'm not convinced that this is free.

>         4. In addition, you may not omit any of the copyright notices
>            on either the source files, the executable file, or the 
>            documentation, and

That's fine, I think.

>         5. Also, you may not omit transmission of this License agreement with 
>            whatever portions of Elm that are distributed.

Also fine.

>         6. Lastly, any users of this software must be notified that it is
>            without warrantee or guarantee of any nature, express or implied, 
>            nor is there any fitness for use represented.

I think this can be interpreted as "without warantee from EDG" --
unless this really is meant to prohibit me from warranting the quality
of Elm.

> Software is a malleable thing - especially UNIX - and the authors can in no
> way guarantee that using this program will not cause grievous damage to your
> system.  Of course this isn't anticipated, but if it does happen, the authors
> cannot be held liable for any damages either directly or indirectly caused
> by this event.
> Modification of the system is encouraged, providing that the portions of 
> the system that are from the original still carry the appropriate copyright
> notices and that the changed sections are clearly delimited as such.  The
> authors requests copies of any changes made to ensure that the various versions
> stay reasonably in sync with each other.  Please send all revisions to
> elm@DSI.COM.
> NOTE that it is not permitted to copy, sublicense, distribute or transfer any
> of the Elm software except as expressly indicated herein.  Any attempts to
> do otherwise will be considered a violation of this license and your rights
> to the Elm software will be voided.
> Comments on the system and/or this licensing agreement is encouraged.  Send
> electronic mail to "taylor@intuitive.com".  This license was written with
> help from Scott McGregor.  Thanks Scott!
> ----
> Elm is a trademark of Dave Taylor. 
> NOTE: Elm is now in the public trust. Comments, suggestions, bug reports and the
> like should be sent to Syd Weinstein; elm@DSI.COM (dsinc!elm)
> Current Elm Coordinator: elm@myxa.com
> -- 
> Open source is important from a technical angle.             -- Linus Torvalds
> Please always Cc to me when replying to me on the lists.

Brian Sniffen                                       bts@alum.mit.edu

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