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Re: python-imaging



Carl Fürstenberg <azatoth@gmail.com> writes:

> The Python Imaging Library is
> 
> Copyright (c) 1997-2001 by Secret Labs AB
> Copyright (c) 1995-2001 by Fredrik Lundh
> 
> By obtaining, using, and/or copying this software and/or its
> associated documentation, you agree that you have read, understood,
> and will comply with the following terms and conditions:

This doesn't appear at all in the so-called “MIT/X11” license text.

This is an attempt to make a contract or agreement, as opposed to most
free software licenses which are a unilateral grant of license. I
don't know how that affects its freedom status.

> Permission to use, copy, modify, and distribute this software and
> its associated documentation for any purpose and without fee is
> hereby granted,

This is different from the so-called “MIT/X11” license text.

I agree with you that “for any purpose and without fee” is most
sensibly interpreted as a modifier on the actions permitted. That
means “without fee” is a condition on “distribute”, failing
DFSG§6.

The usual wording for licenses that look like this one is
significantly different:

    Permission to use, copy, modify, distribute, and sell this
    software and its documentation for any purpose is hereby granted
    without fee, …

which clearly has “without fee” modifying “Permission is granted”.

> provided that the above copyright notice appears in all copies, and
> that both that copyright notice and this permission notice appear in
> supporting documentation, and that the name of Secret Labs AB or the
> author not be used in advertising or publicity pertaining to
> distribution of the software without specific, written prior
> permission.

The rest of these conditions are as normally found in such licenses,
which have been found free for Debian and are therefore acceptable.

> SECRET LABS AB AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD
> TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF
> MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL SECRET LABS AB OR THE
> AUTHOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
> OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
> PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
> TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
> PERFORMANCE OF THIS SOFTWARE.

The wording of this disclaimer omits some of the terms in the original
text, but not in a way that reduces the recipient's freedom.

> -----------------------------------------------------------------
> 
> My major objections is first the "using and obtaining" part, and
> second is the "without fee" part. but I would like to hear from you
> what you think.

I agree on both points. The first is of dubious effect; the second
makes the software non-free, IMO.

Please attempt to get the software re-licensed under the usual terms
(found in ‘/usr/share/doc/x11-apps/copyright’ among other places).

-- 
 \        “This sentence contradicts itself — no actually it doesn't.” |
  `\                                               —Douglas Hofstadter |
_o__)                                                                  |
Ben Finney


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