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. Regards, -Roberto -- Roberto C. Sanchez http://people.connexer.com/~roberto http://www.connexer.com
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