Re: EUPL draft
> Derivative Works: the works or software that could be created by
> the Licensee, based upon the Original Work or modifications
> thereof. This Licence does not define the extent of modification
> or dependence on the Original Work required in order to classify a
> work as a Derivative Work; this extent is determined by copyright
> law applicable in the country mentioned in article 15.
This definition should be left to the copyright law.
> Distribution and/or Communication: any act of selling, giving,
> lending, renting, distributing, communicating, transmitting, or
> otherwise making available, on-line or off-line, copies of the
> Work at the disposal of any other physical or legal person.
This appears to include "public performance" (eg, using the software
to drive a website), which will cause problems and be non-free IMHO.
> 5. Obligations of the Licensee The grant of the rights mentioned
> above is subject to some restrictions and obligations imposed on
> the Licensee. Those obligations are the following:
>
...
> Provision of Source Code: When distributing and/or communicating
> copies of the Work, the Licensee will provide a machine-readable
> copy of the Source Code or indicates a website where this Source
> will be easily and freely available for as long as the Licensee
> continues to distribute and/or communicate the Work.
This is the "if you drive a website using this, then you have to
distribute the source, when combined with #1". non-free IMHO.
> 10. Acceptance of the Licence The provisions of this Licence can
> be accepted by clicking on an icon "I agree" placed under the
> bottom of a window displaying the text of this Licence or by
> affirming consent in any other similar way, in accordance with
> rules of applicable law. Clicking on that icon indicates your
> clear and irrevocable acceptance of this Licence and all of its
> terms and conditions. Similarly, the creation by You of a
> Derivative Work or the Distribution and/or Communication by You of
> the Work or copies thereof indicates your clear and irrevocable
> acceptance of this Licence and all of its terms and conditions.
This, together with the preamble's "any use of this work", may be
non-free.
> 11. Information to the public
>
> In case of any Distribution and/or Communication of the Work by
> You (for example, by offering to download the Work from a website)
> the distribution channel or media (for example, the website) must
> provide the following information to the public:
>
> your name, as new Licensor providing the Work,
>
> your geographic and electronic address,
Whoa... dissident test alert!
> where the Licensor is registered in a trade or similar public
> register,
>
> the trade register in which the Licensor is entered and his
> registration number,
>
> the different technical steps to follow to conclude the Licence,
> prior to the Distribution and/or the Communication of the Work,
what is "to conclude the License"?
> where the Licence contract will be accessible,
>
> the languages which can be used for the conclusion of the Licence.
>
> The Licence terms provided to the Licensee must be made available
> in a way that allows him to store and reproduce them.
>
> 14. Jurisdiction Any litigation resulting from the interpretation
> of this license, arising between the European Commission, as a
> Licensor, and any Licensee, will be subject to the jurisdiction of
> the European Court of Justice, as laid down in article 238 of the
> Treaty establishing the European Community. Any litigation arising
> between parties other than the European Commission, and resulting
> from the interpretation of this license, will be subject to the
> exclusive jurisdiction of the competent court:
Whoa... discrimination: differentiates the EC amongst all licensors.
>
> · where the Licensor resides or conducts its primary business, if
> Licensor resides or conducts its primary business inside the
> European Union;
>
> · where the Licensee resides or conducts its primary business if
> Licensor resides or conducts its primary business outside the
> European Union;
>
> · where the Licensor resides or conducts its primary business, if
> both the Licensor and the Licensee reside or conduct their primary
> business outside the European Union.
Discrimination: this is best left to each copyright law.
>
> 15. Applicable Law This License shall be governed by the law of
> the European Union country where the Licensor resides or has his
> registered office. This License shall be governed by the Belgian
> Law if a litigation arises between the European Commission, as a
> Licensor, and any Licensee. This License shall also be governed by
> the Belgian Law if the Licensor has no residence or registered
> office inside a European Union country.
Ditto.
--
HTH,
Massa
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