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Re: license advice

Hi Andrew,

On Mon, Apr 08, 2013 at 03:46:01PM +0200, Andrew Shadura wrote:
> There's a project which isn't free software nor is it open-source (as
> they haven't found a monetisation model which would allow them to open
> the sources), but they'd like be able to have it in non-free section.
> They've asked me to give them ideas on what to change in their current
> EULA to make that possible.

> So I'd like to ask someone to review the license (I've attached the
> file they gave me) and give me advices on what it'd be good to change.
> Please comments on everything — not sure every change will be accepted
> by them, but more problematic things we'll have here discussed, more
> possibilities to change them.

I haven't reviewed the attached license, for a simple reason - an EULA is
*not* a distribution license.  In order to be included in non-free, we must
have a license that permits us (and our mirrors) to freely redistribute the
software over the Internet, without any requirement to agree to a license
*at all* as a precondition (because we can't agree on our mirrors' behalf,
and the mirror operators will never see this license).

So you can have any use restrictions you want in the license on a package in
non-free (provided you can find a DD willing to upload it), but you *must*
have a license for distribution that's separate from any EULA.

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org

> Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
> Upstream-Name: mapswithme
> Source: <http://mapswith.me>
> Files: *
> Copyright: 2010-2013 MapsWithMe
>  INSTALL: MapsWithMe End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MapsWithMe for the MapsWithMe software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and MapsWithMe, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. 
>  The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 
>  The SOFTWARE PRODUCT is licensed as follows: 
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>  (d) Rental. 
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>  MapsWithMe may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. 
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