Scripsit Richard A Nelson <[EMAIL PROTECTED]> > ---------- Forwarded message ---------- > SENDMAIL OPEN SOURCE LICENSE
> Use, modification and redistribution (including distribution of any > modified or derived work) of the Software in source and binary forms is > permitted only if each of the following conditions are met: I don't think debian-legal is aware of any jurisdiction wherein a copyright holder can legally restrict *use* of copies of his work, when the copies themselves have been legally made and distributed. Therefore the "use is permitted only if" part of this sentence is at best a no-op, at worst FUD. > 4. Neither the name, trademark or logo of Sendmail, Inc. (including > without limitation its subsidiaries or affiliates) or its contributors > nor the University of California or its contributors names may be > used to endorse or promote products, or software or services derived > from this Software without specific prior written permission. The > name "sendmail" is a registered trademark and service mark of > Sendmail, Inc. Such clauses are widely believed to be unnecessary warts. Please see Branden Robinson's eloquent denouncement of this kind of advertising clauses at <http://lists.debian.org/debian-legal/2004/05/msg00540.html> Debian-legal has a tradition of not considering licenses with these clauses non-free, but if you have any occasion to try to talk the author out of using them, please do so. > This license is governed by California law and both of us > agree that for any dispute arising out of or relating to this Software, > that jurisdiction and venue is proper in San Francisco or Alameda > counties. That is a stinker, I think. It appears to mean that if I use sendmail, and the upstream authors for some reason think that I'm violating their terms, I am required to go to San Francisco to protest my innocense. This is a non-free condition, I think. It would be OK for the Sendmail people to say "if the user wants to sue *us*, he must do it in SF" - but asking the user in advance to come to America to answer to any possible future frivolous lawsuit is too much. -- Henning Makholm "Manden med det store pindsvin er kommet vel ombord i den grønne dobbeltdækker."
