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Re: Zimbra and Yahoo Public License



Le lundi 23 mars 2009 à 17:16 +0100, Cedric Fachinetti a écrit :
>               * 3.2 - In any copy of the Software or in any
>                 Modification you create, You must retain and
>                 reproduce, any and all copyright, patent, trademark,
>                 and attribution notices that are included in the
>                 Software in the same form as they appear in the
>                 Software. This includes the preservation of
>                 attribution notices in the form of trademarks or logos
>                 that exist within a user interface of the Software.

This looks like a restriction in modifications, a distorted way to
introduce invariant data.

If the software includes such logos or trademarks in the user interface,
I think this is clearly non-free. Otherwise, it is not a problem.

>         Term and Termination 
>               * 6.1 - This Agreement will continue in effect unless
>                 and until terminated earlier pursuant to this Section
>                 6.
>               * 6.2 - In the event You violate the terms of this
>                 Agreement, Yahoo! may terminate this Agreement.

This looks like a lawyerbomb, as the wording suggests Yahoo! can reserve
the rights to revoke the license if they think you have violated it.

>                 All disputes arising out of this Agreement involving
>                 Yahoo! or any of its subsidiaries shall be subject to
>                 the jurisdiction of the federal or state courts of
>                 northern California, with venue lying in Santa Clara
>                 County, California. 

This is a choice of venue clause. There’s controversy over it, and many
people consider it non-free. I disagree in the general case, but
together with the 6.2 termination clause, it puts an unacceptable burden
on the recipient and clearly fails the “tentacles of evil” test.

Therefore I think this license is non-free.

Cheers,
-- 
 .''`.      Debian 5.0 "Lenny" has been released!
: :' :
`. `'   Last night, Darth Vader came down from planet Vulcan and told
  `-    me that if you don't install Lenny, he'd melt your brain.

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