Roland Stigge wrote:
> Hi,
>
> today I read that Alan Kay will receive this years's Turing Award[1] and
> checked out his "Open Source" project Squeak[2]. I also realized that
> there is an open RFP for it[3]. The package is supposed to be free, but
> when I checked the license[4] and the package files, I encountered the
> following issues which should be resolved before squeak hits the
> archive:
Yep, it's non-free. Yeesh, this is one long, legalistic license text.
> (1) Clause 2 states: 'You may modify and create derivative works of the
> Apple Software ("Modified Software"), however, you may not modify or
> create derivative works of the fonts provided by Apple ("Fonts").'
This means that the fonts are non-free. If the software contains no fonts,
this would not be a problem.
> This seems to violate
>
> (2) Clause 2 also states: 'You may distribute and sublicense the Fonts
> only as a part of and for use with Modified Software, and not as a part
> of or for use with Modified Software that is distributed or sublicensed
> for a fee or for other valuable consideration.'
This means that the fonts are non-free. If the software contains no fonts,
I think this would not be a problem.
>
> 2 (Fonts)
> 2 (only with Work; no fee)
> 6 export or reexport restricted (e.g. not to Cuba)
There are other problems with clause 2.
"You may distribute and sublicense such Modified Software only under the
terms of a valid, binding license that makes no representations or
warranties on behalf of Apple, and is no less protective of Apple and
Apple's rights than this License."
What the heck does that even *mean*? Licenses aren't "binding"; they're
thinking of contracts. In fact, the whole license thinks it's a contract
(which is bad from the start). "Protective of Apple and Apple's rights" is
incredible vague, meaning that only this exact license is a safe license
for derivative works.
"If the Modified Software contains modifications, overwrites, replacements,
deletions, additions, or ports to new platforms of: (1) the methods of
existing class objects or their existing relationships, or (2) any part of
the virtual machine, then for so long as the Modified Software is
distributed or sublicensed to others, such modified, overwritten, replaced,
deleted, added and ported portions of the Modified Software must be made
publicly available, preferably by means of download from a website, at no
charge under the terms set forth in Exhibit A below."
This is a forced-distribution clause. It requires that if the Modified
Software is given to *anyone*, it must be made "publicly available" (to
lots of *other* people) at no charge. This fails the dissident test and
the desert island test. It's also a practical inconvenience; I can't share
a modified version with my spouse without publishing it.
And furthermore, the worst line of all:
"This License allows you to copy, install and use the Apple Software on an
unlimited number of computers under your direct control."
Purports to restrict use. Doesn't allow use on computers not "under your
direct control", which is a substantial restriction; it probably prohibits
it from being installed by a Debian admin onto a Debian machine which is
hosted elsewhere. :-P
This probably means that it's not freely redistributable at all; there's no
other permission to copy or redistribute given in the "license".
> squeak.{changes,image}
>
> [1] http://www.heise.de/newsticker/meldung/46712 (sorry, German)
> [2] http://www.squeak.org/
> [3] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=236721
> [4] http://www.squeak.org/download/license.html
>
> -> bug
> -> submitter
> -> debian-legal *
> -> authors
Summary:
Totally non-free, and probably not even safe to distribute. Get this out of
Debian if it's already there.
--
There are none so blind as those who will not see.
