Re: on license variability


Mark Radcliffe
 

I agree, distribute and make available have very different legal implications. I also believe that licensed and released are not equivalent to distribute


From: spdx-bounces@... [mailto:spdx-bounces@...] On Behalf Of Tom Incorvia
Sent: Friday, September 17, 2010 4:30 AM
To: dmg@...; spdx@...
Subject: RE: on license variability

Hi Dan,

 

Regarding the equivalent terms.  I have seen different commercial legal interpretations based on two of the sets of "equivalent" terms below.  I believe that these need to be distinct.  With regards to library/program/software, I am OK if we remove “library”

 

-          distributable|licensed|released|made available

-          library|program|software

 

Tom

 

Tom Incorvia

tom.incorvia@...

Direct:  (512) 340-1336

Mobile: (408) 499 6850

 

-----Original Message-----
From: spdx-bounces@... [mailto:spdx-bounces@...] On Behalf Of D M German
Sent: Thursday, September 16, 2010 1:14 PM
To: spdx@...
Subject: on license variability

 

 

First, some common equivalent words/phrases:

 

----------------------------------------------------------------------

license|licence

distributable|licensed|released|made available

can|may

terms and conditions|terms

library|program|software

developed|written

MERCHANTIBILITY|MERCHANTABILITY

is|are

do not|don<quotes>t

the copyright|that copyright

would|will

IN THE SOFTWARE

WITH THE SOFTWARE

deal in|deal with

----------------------------------------------------------------------

The quotes are also very different in different files:

 

quotes can be ``, '', ", '

 

----------------------------------------------------------------------

Finally, this is a subset of the way Ninka recognizes the BSD3

clauses. I believe this will cover most versions. The numbers preceding

the conditions are sometimes not there (Ninka drops them, or any bullets

before it continues with the processing).

 

 

Copyright (c) <field1>

All rights reserved\.

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are

met:

 

1\. Redistributions? of source code must retain the (above )?copyright

notice, this list of conditions(,)? and the following disclaimer(,

without modification)?.

 

2\. Redistributions in binary form must reproduce the above copyright

notice(\(s\))?, this list of conditions(,)? and the following

disclaimer(s)? in the documentation and/or other materials provided

with the distribution\.

 

3\. Neither the name(s)? of <field2> may be used to endorse or promote

products derived from this software without (specific )?prior written

permission:

 

THIS SOFTWARE IS PROVIDED BY <field3><quotes>AS IS<quotes> AND ANY

EXPRESS(ED)? OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANT(A|I)BILITY AND FITNESS FOR A PARTICULAR

PURPOSE ARE DISCLAIMED\.  IN NO EVENT SHALL <field4> BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES \(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE

GOODS OR SERVICES; LOSS OF (MIND, )?USE, DATA,( LIFE)? OR PROFITS; OR

BUSINESS INTERRUPTION\) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,

WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT \(INCLUDING NEGLIGENCE

OR OTHERWISE\) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE\.

----------------------------------------------------------------------

 

 

--

--

Daniel M. German                 

http://turingmachine.org/

http://silvernegative.com/

dmg (at) uvic (dot) ca

replace (at) with @ and (dot) with .

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