On Mon, 2004-08-09 at 03:31, MJ Ray wrote: > On 2004-08-09 05:35:10 +0100 Joe Wreschnig <[EMAIL PROTECTED]> wrote: > > > Clause 4 -- which you declared non-free in that thread *before* public > > conversations with X-Oz, and Brian declared non-free at the start of > > this thread -- is identical to that used in the existing X license. > > It can be read as a simple assertion in the X licence > http://www.x.org/Downloads_terms.html (which seems to be how most > copyright holders have treated it), while the copyright permissions of > the X-Oz licence > http://lists.debian.org/debian-legal/2004/02/msg00154.html clearly > depend on it. I don't think it's identical.
I don't see the difference. I mean, I see the difference that one can be read as an "assertion" and the other can be read as a "clause". But I don't see how that affects any practical or legal conclusions. In other words, if I write a license like the BSD one, but append "You will wear a hat on Fridays." I think it will be clear to everyone, including a judge, that I intend that to be a requirement to use the freedoms set forth in the license, even though it's just an "assertion" rather than a "clause". > I think I explained this to selussos <[EMAIL PROTECTED]> in > http://lists.debian.org/debian-legal/2004/03/msg00048.html but I got a > reply of a Mark Twain quote and an assertion that US law is global and > the subthread digressed without resolution. No-one found a licence > with a similar *condition* in it. The 3rd clause of the 3 clause BSD license. I made a case elsewhere that the X wording is actually less restrictive because it only affects the original software, where the BSD clause affects all derived software. > The summary http://lists.debian.org/debian-legal/2004/02/msg00229.html > may have bugs and need updating, but I doubt the ultimate outcome will > be different: software under the X-Oz licence does not clearly follow > DFSG. I agree with you on this; but I think it derives entirely from clause 3. -- Joe Wreschnig <[EMAIL PROTECTED]>
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