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Re: License review request: LinuxMagic FSCL

On Tue, Sep 26, 2006 at 10:04:28PM -0700, Ryan Finnie wrote:
> Greetings,
> I responded to an RFP[0] for packaging magic-smtpd[1], and need some
> help on the legal side.  I see 3 issues here:
> 1. The license[2], also included below, has not been reviewed by the
> OSI, and is not used in any existing Debian package.  The company
> itself considers it "open source", but I feel I am not qualified to
> make a determination.
> 2. The software is designed to replace certain components of qmail,
> which is wholly non-free.  Even if the license is clean, does this
> make the software part of the non-free archive as well?  I guess
> theoretically you could write Free software that would interface with
> magic-smtpd...
Maybe contrib.  If it is deemed to be free and then depends on non-free
software to be functional, it would go into contrib.

> 	13.6 Dispute Resolution. Any litigation or other dispute resolution
> between You and THE WIZARDS relating to this License shall take place
> in the Province of British Columbia, and You and THE WIZARDS hereby
> consent to the personal jurisdiction of, and venue in, the state and
> federal courts within that Province with respect to this License. The
> application of the United Nations Convention on Contracts for the
> International Sale of Goods is expressly excluded.
> 	13.7 Entire Agreement; Governing Law. This License constitutes the
> entire agreement between the parties with respect to the subject
> matter hereof. This License shall be governed by the laws of Canada
> and the Provncie of British Columbia, except that body of British
> Columbia law concerning conflicts of law.  Where You are located in
> the province of Quebec, Canada, the following clause applies: The
> parties hereby confirm that they have requested that this License and
> all related documents be drafted in English. Les parties ont exigé que
> le présent contrat et tous les documents connexes soient rédigés en
> anglais.

I'm no legal expert, but I seem to recall that these type of venue
selection clauses make the licenses non-free.


Roberto C. Sanchez

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