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Re: TiffIO license agreement




"Oleksandr Moskalenko" <malex@tagancha.org> wrote in message 20051129221717.GB30161@mrb319.cvmbs.colostate.edu">news:20051129221717.GB30161@mrb319.cvmbs.colostate.edu...

The License is CeCILL. Two important clauses:
Agreement: means this Licensing Agreement, and any or all of its subsequent versions.

Any or all Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement or a subsequent version, subject to the provisions of article 5.3.4.

That certainly indicates that later versions may be used rather than that version.
There has been a new version.

The unclear clause regarding economic rights is not a concern. In both versions of the text the french translation is considered authentic. In Version 1.0 the french version was the nly authentic one, and in the case of descrepencies, always won out. In version 2.0 both are authentic. AIUI a court would consider both versions if requested by a party. If the court finds a discrepancy, it would construe the discrepancy in the favor of the licensee.

The french clause is much more clear:
Le Contrat produira ses effets pendant toute la duree legale de protection des droits patrimoniaux portant sur le Logiciel.
A rough translation is: The Contract will take effect for all the legal length of time of protection of the patrimonial rights (authorship rights) carrying on the Software.


So the only major concern is the choice of venue clause. The purpose of the clause in this case is not to benefit one party over another, but to ensure that unless other agreements are made, the court defaults to one that is best able to interperate the chosen law. I'm not sure that choice of venue should be considered non-free when used in a manner like this.

(Imagine how annoyed some US judges would get if they were forced to reseach laws and possibly precedent of annother country. The fact that the laws, and previous cases are in annother language does not help any.) I'm not really sure if the



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