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Analysis of the Academic Free License ("AFL") v3.0

Hello everybody,
while reviewing subversion/1.7.5-1 debian/copyright file [1], I noticed
that debian/contrib/svn_load_dirs is licensed under the AFL v3.0 .

[1] http://packages.debian.org/changelogs/pool/main/s/subversion/subversion_1.7.5-1/copyright

I re-read the archived discussion [2] about the AFL v2.1 and I analyzed
the AFL v3.0 .

[2] https://lists.debian.org/debian-legal/2004/10/msg00230.html

I would like your help in assessing the non-freeness of this license,
before filing a serious bug report against subversion (recommending to
either persuade the copyright holder to re-license in a DFSG-free
manner, or remove the non-free file from the package).

Here's the complete text of the license, as quoted in the subversion
package debian/copyright file [1].
My personal comments will follow shortly.

  Academic Free License ("AFL") v. 3.0

  This Academic Free License (the "License") applies to any original
  work of authorship (the "Original Work") whose owner (the "Licensor")
  has placed the following licensing notice adjacent to the copyright
  notice for the Original Work:

      Licensed under the Academic Free License version 3.0

   1) Grant of Copyright License. Licensor grants You a worldwide,
      royalty-free, non-exclusive, sublicensable license, for the
      duration of the copyright, to do the following:
      a) to reproduce the Original Work in copies, either alone or as
         part of a collective work;
      b) to translate, adapt, alter, transform, modify, or arrange the
         Original Work, thereby creating derivative works ("Derivative
         Works") based upon the Original Work;
      c) to distribute or communicate copies of the Original Work and
         Derivative Works to the public, under any license of your
         choice that does not contradict the terms and conditions,
         including Licensor's reserved rights and remedies, in this
         Academic Free License;
      d) to perform the Original Work publicly; and
      e) to display the Original Work publicly.

   2) Grant of Patent License. Licensor grants You a worldwide,
      royalty-free, non- exclusive, sublicensable license, under patent
      claims owned or controlled by the Licensor that are embodied in
      the Original Work as furnished by the Licensor, for the duration
      of the patents, to make, use, sell, offer for sale, have made, and
      import the Original Work and Derivative Works.

   3) Grant of Source Code License. The term "Source Code" means the
      preferred form of the Original Work for making modifications to it
      and all available documentation describing how to modify the
      Original Work. Licensor agrees to provide a machine-readable copy
      of the Source Code of the Original Work along with each copy of
      the Original Work that Licensor distributes. Licensor reserves the
      right to satisfy this obligation by placing a machine-readable
      copy of the Source Code in an information repository reasonably
      calculated to permit inexpensive and convenient access by You for
      as long as Licensor continues to distribute the Original Work.

   4) Exclusions From License Grant. Neither the names of Licensor, nor
      the names of any contributors to the Original Work, nor any of
      their trademarks or service marks, may be used to endorse or
      promote products derived from this Original Work without express
      prior permission of the Licensor. Except as expressly stated
      herein, nothing in this License grants any license to Licensor's
      trademarks, copyrights, patents, trade secrets or any other
      intellectual property. No patent license is granted to make, use,
      sell, offer for sale, have made, or import embodiments of any
      patent claims other than the licensed claims defined in Section
      2. No license is granted to the trademarks of Licensor even if
      such marks are included in the Original Work. Nothing in this
      License shall be interpreted to prohibit Licensor from licensing
      under terms different from this License any Original Work that
      Licensor otherwise would have a right to license.

   5) External Deployment. The term "External Deployment" means the use,
      distribution, or communication of the Original Work or Derivative
      Works in any way such that the Original Work or Derivative Works
      may be used by anyone other than You, whether those works are
      distributed or communicated to those persons or made available as
      an application intended for use over a network. As an express
      condition for the grants of license hereunder, You must treat any
      External Deployment by You of the Original Work or a Derivative
      Work as a distribution under section 1(c).

   6) Attribution Rights. You must retain, in the Source Code of any
      Derivative Works that You create, all copyright, patent, or
      trademark notices from the Source Code of the Original Work, as
      well as any notices of licensing and any descriptive text
      identified therein as an "Attribution Notice." You must cause the
      Source Code for any Derivative Works that You create to carry a
      prominent Attribution Notice reasonably calculated to inform
      recipients that You have modified the Original Work.

   7) Warranty of Provenance and Disclaimer of Warranty. Licensor
      warrants that the copyright in and to the Original Work and the
      patent rights granted herein by Licensor are owned by the Licensor
      or are sublicensed to You under the terms of this License with the
      permission of the contributor(s) of those copyrights and patent
      rights. Except as expressly stated in the immediately preceding
      sentence, the Original Work is provided under this License on an
      "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
      including, without limitation, the warranties of non-infringement,
      merchantability or fitness for a particular purpose. THE ENTIRE
      DISCLAIMER OF WARRANTY constitutes an essential part of this
      License. No license to the Original Work is granted by this
      License except under this disclaimer.

   8) Limitation of Liability. Under no circumstances and under no legal
      theory, whether in tort (including negligence), contract, or
      otherwise, shall the Licensor be liable to anyone for any
      indirect, special, incidental, or consequential damages of any
      character arising as a result of this License or the use of the
      Original Work including, without limitation, damages for loss of
      goodwill, work stoppage, computer failure or malfunction, or any
      and all other commercial damages or losses. This limitation of
      liability shall not apply to the extent applicable law prohibits
      such limitation.

   9) Acceptance and Termination. If, at any time, You expressly
      assented to this License, that assent indicates your clear and
      irrevocable acceptance of this License and all of its terms and
      conditions. If You distribute or communicate copies of the
      Original Work or a Derivative Work, You must make a reasonable
      effort under the circumstances to obtain the express assent of
      recipients to the terms of this License. This License conditions
      your rights to undertake the activities listed in Section 1,
      including your right to create Derivative Works based upon the
      Original Work, and doing so without honoring these terms and
      conditions is prohibited by copyright law and international
      treaty. Nothing in this License is intended to affect copyright
      exceptions and limitations (including "fair use" or "fair
      dealing"). This License shall terminate immediately and You may no
      longer exercise any of the rights granted to You by this License
      upon your failure to honor the conditions in Section 1(c).

  10) Termination for Patent Action. This License shall terminate
      automatically and You may no longer exercise any of the rights
      granted to You by this License as of the date You commence an
      action, including a cross-claim or counterclaim, against Licensor
      or any licensee alleging that the Original Work infringes a
      patent. This termination provision shall not apply for an action
      alleging patent infringement by combinations of the Original Work
      with other software or hardware.

  11) Jurisdiction, Venue and Governing Law. Any action or suit relating
      to this License may be brought only in the courts of a
      jurisdiction wherein the Licensor resides or in which Licensor
      conducts its primary business, and under the laws of that
      jurisdiction excluding its conflict-of-law provisions. The
      application of the United Nations Convention on Contracts for the
      International Sale of Goods is expressly excluded. Any use of the
      Original Work outside the scope of this License or after its
      termination shall be subject to the requirements and penalties of
      copyright or patent law in the appropriate jurisdiction. This
      section shall survive the termination of this License.

  12) Attorneys' Fees. In any action to enforce the terms of this
      License or seeking damages relating thereto, the prevailing party
      shall be entitled to recover its costs and expenses, including,
      without limitation, reasonable attorneys' fees and costs incurred
      in connection with such action, including any appeal of such
      action. This section shall survive the termination of this

  13) Miscellaneous. If any provision of this License is held to be
      unenforceable, such provision shall be reformed only to the extent
      necessary to make it enforceable.

  14) Definition of "You" in This License. "You" throughout this
      License, whether in upper or lower case, means an individual or a
      legal entity exercising rights under, and complying with all of
      the terms of, this License. For legal entities, "You" includes any
      entity that controls, is controlled by, or is under common control
      with you. For purposes of this definition, "control" means (i) the
      power, direct or indirect, to cause the direction or management of
      such entity, whether by contract or otherwise, or (ii) ownership
      of fifty percent (50%) or more of the outstanding shares, or (iii)
      beneficial ownership of such entity.

  15) Right to Use. You may use the Original Work in all ways not
      otherwise restricted or conditioned by this License or by law, and
      Licensor promises not to interfere with or be responsible for such
      uses by You.

  16) Modification of This License. This License is Copyright © 2005
      Lawrence Rosen. Permission is granted to copy, distribute, or
      communicate this License without modification. Nothing in this
      License permits You to modify this License as applied to the
      Original Work or to Derivative Works. However, You may modify the
      text of this License and copy, distribute or communicate your
      modified version (the "Modified License") and apply it to other
      original works of authorship subject to the following conditions:
      (i) You may not indicate in any way that your Modified License is
      the "Academic Free License" or "AFL" and you may not use those
      names in the name of your Modified License; (ii) You must replace
      the notice specified in the first paragraph above with the notice
      "Licensed under <insert your license name here>" or with a notice
      of your own that is not confusingly similar to the notice in this
      License; and (iii) You may not claim that your original works are
      open source software unless your Modified License has been
      approved by Open Source Initiative (OSI) and You comply with its
      license review and certification process.

 New GnuPG key, see the transition document!
..................................................... Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE

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