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Subject: Re: LAB Public License proposal Date: mercredi 17 Mars 2004 17:14 From: Ernest Prabhakar <[EMAIL PROTECTED]> To: DJ Anubis <[EMAIL PROTECTED]> Hi DJ, Thanks for your reply - I suggest you repost this to the list, as I think they'd be interested in hearing your responses (perhaps that's what you intended, but this reply came only to me). Alas, I don't have time to help more, but I appreciate your openness and hope you can find some other people to help you with the language cleanup. Best wishes, Ernest Prabhakar On Mar 16, 2004, at 11:59 PM, DJ Anubis wrote: > Le mercredi 17 Mars 2004 02:06, vous avez �crit�: >> Hi DJ, > > Hi Ernest, > >> changes are: >>> 10. LICENSE means this document in its integrality, without reserve >>> or disclaimer other than herein published. > > This change is nexessary for compliance for French courts and CPI. I > don't > know if other courts need this full statement. > >>> 3.2. Availability of Source Code. >>> � >>> and if made available via ELECTRONIC DISTRIBUTION MECHANISM, must >>> remain available for >>> at least twenty-four (24) months after the date it initially became >>> available, or >>> at least twelve (12) months after a subsequent version of that >>> particular MODIFICATIONS has been made available to such recipients. > > Changing from 12 to 24 and 6 to twelve is only a prudence statement, as > digging in French legal decisions showed this sounds, for judges here, > the > minimal duration for software maintenance. > >>> 3.3. Description of Modifications. >>> >>> In your SOURCE CODE, YOU must include comments marking the beginning >>> and end of your MODIFICATIONS, as well as your name. > > Maybe this sound unuseful, but it helps tracing who changed what when > changes > are not distributed as unified diff files. > >>> .4. Inability to Comply Due to Statute or Regulation. >>> 1. Inform ORIGINAL AUTHOR of statute, judicial or regulation >>> incompatibility and ask for an allowance to specific limitations. >>> Attention: >>> ORIGINAL AUTHOR can allow you to distribute a LICENSE limited >>> COVERED CODE, but you first must ask. > > Again, a French requirement. A license change in terms must be agreed > by > Licensor, even if changes are made to comply with local regulation. > Else, > License is judged as alienated and terminated. > >>> 2. >>> Comply with the terms of this LICENSE to the maximum extent possible >>> You cannot reject the whole LICENSE when only one statement is not >>> acceptable du to regulations, statute or judicial order. Only the >>> relevant statement may be discarded, after informing ORIGINAL >>> AUTHOR. > > The precision is once again to make French lawyers happy. > >> I don't see anything there that would be likely to affect OSD >> compliance. However, Section 4 seems slightly ambiguous - it might >> be >> clearer if you said, "You must comply with all of the following >> conditions, or you must refrain from using the software." or whatever >> the intent actually is. > > Yes, You're right. The sentence will be reformulated. You sound better > than me > with English legal terms. > >> I frankly don't quite understand Section 10, but perhaps that's due to >> the translating back and forth. > > This could be the real problem. French CPI is full of terms and old > french > words very difficult to translate back and forth. > >> To be honest, I am a little unhappy with all the "Attentions". Some >> of them I agree are useful to clarify the intent and purpose of the >> license. Some of them seem more like commentary than clarification, > > I'll dig in them and remove not really useful. > >>> 2. If YOU created one or more MODIFICATIONS, YOU must add your name >>> as a CONTRIBUTOR to the notice described in EXHIBIT A - Lab Public >>> License Required information.. >>> Attention: >>> Fair practice. YOU have to be credited for your work. >> >> Perhaps it is just the language, but this article seems to require you >> to accept -responsibility- for the work, not that other people give >> you >> credit. A minor detail, but since I didn't carefully review all the >> Attentions, I'm not entirely comfortable that all of them support the >> license as intended. > > You're right. This article requires contributors to accept > responsibility for > their modifications. But, if the modification is a really impressive > one, > Contributor MUST be credited for his good job, too. This sentence > should be > adapted. > >> This raises a larger, somewhat sensitive issue. I greatly appreciate >> all the effort you've gone through to submit and revise this license >> to >> address our concerns. However, given that this is for use in France, >> I would surmise that you are not a native English speaker. There >> are >> several places where the phrasing and spelling seem inappropriate, or >> at least slightly confusing. I think it would be worthwhile for you >> to find a friendly English collaborator to work on the wording of the >> "Attentions," to avoid possible misunderstandings and ensure they are >> aligned with the larger license terms. > > Sure, my English is not the best one ;-) I'll appreciate some help for > the > Attentions. > >> I don't know that this is necessary for OSD compliance, but then again >> I'm not sure it isn't. > > Don't know. But as I decided the LAB Project should be published on > both a > commercial and Open License, it's time for me to enter the Open > Licensing > discussions. > > Thanks for your message. > > -- > JCR > aka DJ Anubis > LAB Project Initiator & coordinator ------------------------------------------------------- -- JCR aka DJ Anubis LAB Project Initiator & coordinator -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

