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Re: non-free license review + question for ftp-master

Ben Finney <bignose+hates-spam@benfinney.id.au> writes:

> Adam Cecile (Le_Vert) <gandalf@le-vert.net> writes:
> > I'm working on the teamspeak client packaging and I would like you
> > to review the license:
> > http://www.goteamspeak.com/index.php?page=downloads&id=1a
> To aid discussion and future reference, it's convention on this list
> to post the text of the license under consideration. I've done so
> here.

The text confusingly tries to contain two separate license
grants. It's not clear why they don't separate this into two separate

> =====
> [...]
> Grant of License Applicable To TeamSpeak for Commercial Entities

Presumably this is a license that applies to the Debian project, which
is distributed commercially (and noncommercially).

> Subject to the terms and conditions set forth in this Agreement,
> TeamSpeak Systems grants you a limited, non-exclusive,
> non-transferable and non-sublicensable right to use the commercial
> version of the Software solely in accordance with the following terms
> and conditions:
> 2. Third Party Distribution Prohibited
> Distribution of TeamSpeak by you to third parties is hereby expressly
> prohibited.

This pretty unambiguously tells us we can't distribute the work at
all. The rest of the license is therefore rather moot, but I'll make
some comments anyway.

> 3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees
> [...]
> You are
> subject to ATHP usage based licensing fees if you charge an access or
> rental fee either directly, indirectly, OR via inclusion of a
> TeamSpeak server as part of any rental or other paid service. [...]

This might make Debian redistributors subject to fees. (The rest of
this long paragraph goes into detail about the fee structure.)

> Grant of License Applicable To TeamSpeak for Non-Commercial Entities

This would apply to the Debian project, but not necessarily to third
parties redistributing Debian commercially.

> 3. Distribution Permitted
> You may make copies of your copy of TeamSpeak to give to others
> provided that such copies are not modified from the original
> downloaded copy of TeamSpeak.

This is presumably part of the "Grant of License Applicable To
TeamSpeak for Non-Commercial Entities", depending on where that begins
and ends.

> You may not charge a fee for distributing copies of TeamSpeak.

The Debian project satisfies this, but our redistributors may not.

> If a copy of TeamSpeak is distributed, TeamSpeak Systems requests
> that you send TeamSpeak Systems an e-mail addressed to
> sales@tritoncia.com notifying TeamSpeak Systems of such distribution
> and the identity of the person or entity receiving the copy of
> TeamSpeak.

This would be an onerous burden on the Debian project, preventing us
distributing at all. It is phrased as a request, which may mean we can
ignore it.

> 4. Termination
> TeamSpeak Systems may terminate your license for TeamSpeak at any
> time, for any reason or no reason. TeamSpeak Systems may also
> terminate your license in TeamSpeak if you breach any of the terms and
> conditions set forth in this Agreement. Upon termination, you shall
> immediately destroy all copies of TeamSpeak in your possession,
> custody or control.

Another onerous restriction; it's not clear how quickly or completely
we could comply with this term.

> 5. Fees
> There is no license fee for TeamSpeak for Non-Commercial Entities. If
> you wish to utilize TeamSpeak within a commercial environment, you
> will be required to pay the applicable license fees (see below).

No definition is given for "utilize TeamSpeak within a commercial
environment", and how this relates to redistributing the work

> 6. Examples
> Examples of Non-Commercial Entities include but are not limited to the
> following:

The examples all relate to *hosting* the software and allowing
"connections" and "slots", with no mention of hosting for download and
distribution. It's not clear whether the Debian project, or its
redistributors, would or would not be categorised as Non-Commercial
Entities if the software is merely hosted for download.

> If you are uncertain as to whether your organization qualifies as a
> Non-Commercial Entity you must contact us via e-mail at
> sales@tritoncia.com.

Presumably one must only contact them under this term until such
uncertainty is cleared.

> Prohibited Conduct
> You represent and warrant that you will not violate any of the terms
> and conditions set forth in this Agreement and that:
> You will not, and will not permit others to: (i) reverse engineer,
> decompile, disassemble, derive the source code of, modify, or create
> derivative works from the Software; or (ii) use, copy, modify, alter,
> or transfer, electronically or otherwise, the Software or any of the
> accompanying documentation except as expressly permitted in this
> Agreement; or (iii) redistribute, sell, rent, lease, sublicense, or
> otherwise transfer rights to the Software whether in a stand-alone
> configuration or as incorporated with other software code written by
> any party except as expressly permitted in this Agreement.

Not clear what acts would be categorised as "permit others to" do
these things. If the Debian project does absolutely nothing to prevent
these acts, it may be in violation of this term.

> You will not transfer the Software or utilize the Software in
> combination with third party software authored by you or others to
> create an integrated software program which you transfer to unrelated
> third parties.

If Debian can be found to be an "integrated software program", this
would mean the Debian project loses the license to distribute the

 \      "An idea isn't responsible for the people who believe in it."  |
  `\                                    -- Donald Robert Perry Marquis |
_o__)                                                                  |
Ben Finney

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