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Re: The BitTorrent Open Source License

On Wed, 09 Mar 2005 10:21:57 +0100 Josselin Mouette wrote:

> The Source Code for any
> version of Licensed Product or Modifications that you distribute must
> remain available for at least twelve (12) months after the date it
> initially became available, or at least six (6) months after a
> subsequent version of said Licensed Product or Modifications has been
> made available.  You are responsible for ensuring that the Source Code
> version remains available even if the Electronic Distribution
> Mechanism is maintained by a third party.

Mmmmh... This worries me.
It smells like a distribution restriction: does it pass DFSG#1?

> c.       Intellectual Property Matters.  
>                                 i.            Third Party Claims.  If
>                                 you have knowledge that a license to a
>                                 third
> party's intellectual property right is required to exercise the rights
> granted by this License, you must include a text file with the Source
> Code distribution titled "LEGAL" that describes the claim and the
> party making the claim in sufficient detail that a recipient will know
> whom to contact.  If you obtain such knowledge after you make any
> Modifications available as described in Section 4(b), you shall
> promptly modify the LEGAL file in all copies you make available
> thereafter and shall take other steps (such as notifying appropriate
> mailing lists or newsgroups) reasonably calculated to inform those who
> received the Licensed Product from you that new knowledge has been
> obtained.

Is this acceptable?
A dissident that learns about a legal issue, must inform those to whom
he/she distributed the Licensed Product, do I understand it correctly?
Even *after* the dissident has performed the distribution?

> b.       Termination Upon Assertion of Patent Infringement.  If you
> initiate litigation by asserting a patent infringement claim
> (excluding declaratory judgment actions) against Licensor or a
> Contributor (Licensor or Contributor against whom you file such an
> action is referred to herein as Respondent) alleging that Licensed
> Product directly or indirectly infringes any patent, then any and all
> rights granted by such Respondent to you under Sections 1 or 2 of this
> License shall terminate prospectively upon sixty (60) days notice from
> Respondent (the "Notice Period") unless [...]

Terminates all rights (copyright and patent license) upon patent
infringement claim against Licensor or Contributor regarding the
software itself.
IIRC, there was no clear consensus about such a clause, since it uses
copyright license termination to defend against software patent sues.

> 13.  Miscellaneous.  [...] This License
> shall be governed by California law provisions (except to the extent
> applicable law, if any, provides otherwise), excluding its
> conflict-of-law provisions.

Choice of law, which is acceptable.

> You expressly agree that any litigation
> relating to this license shall be subject to the jurisdiction of the
> Federal Courts of the Northern District of California or the Superior
> Court of the County of Santa Clara, California (as appropriate), with
> venue lying in Santa Clara County, California, with the losing party
> responsible for costs including, without limitation, court costs and
> reasonable attorneys fees and expenses.

Choice of venue, which is non-free.

> [...] You and Licensor expressly waive any rights to a
> jury trial in any litigation concerning Licensed Product or this
> License.

Is this a bad thing?
I mean: does it do any harm?

> Any law or regulation that provides that the language of a
> contract shall be construed against the drafter shall not apply to
> this License.

It's a kind of magic, I suppose!  ;-)
Can I write my own license that says "any law or regulation that I don't
like shall not apply to this license"?
Would it mean that I magically nuke laws as I like?

          Today is the tomorrow you worried about yesterday.
  Francesco Poli                             GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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