Marc-Andre Lemburg <[EMAIL PROTECTED]> added the comment:
Mark Hammond wrote:
> Mark Hammond <[EMAIL PROTECTED]> added the comment:
>
> Obviously IANAL, but my reading of eula.txt included with VS9 seems less
> restrictive than the 2003 one. It has 2 clauses that seem relevant:
>
> * [you must] require distributors and external end users to agree to
> terms that protect it at least as much as this agreement;
>
> * [you must not] modify or distribute the source code of any
> Distributable Code so that any part of it becomes subject to an Excluded
> License. An Excluded License is [description of GPL]
>
> I do see how the first could be considered an issue (otoh, I'd try to
> argue we aren't doing anything to imply any worse terms :), but I don't
> see how the second is, even for GPLd programs that simply used the compiler.
>
> Maybe it would be helpful if you referenced the specific clauses you
> think are of concern?
This was already discussed on the PSF members mailing list.
I don't have the VC9 EULA available, but these are the clauses of concern
from VC7.1:
"""
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If
you choose to exercise
your rights under Section 2, any redistribution by you is subject to your
compliance with Section
3.1; some of the Redistributable Code has additional limited use rights
described in Section 3.2.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, or
Redistributable Code (collectively,
the “Redistributables”) as described in Section 2, you agree:
(i) except as otherwise noted in Section 2.1 (Sample Code),
to distribute the
Redistributables only in object code form and in conjunction with and as a part
of a software
application product developed by you that adds significant and primary
functionality to the
Redistributables (“Licensee Software”);
(ii) that the Redistributables only operate in conjunction
with Microsoft Windows
platforms;
(iii) that if the Licensee Software is distributed beyond
Licensee’s premises or
externally from Licensee’s organization, to distribute the Licensee Software
containing the
Redistributables pursuant to an end user license agreement (which may be
“break-the-seal”,
“click-wrap” or signed), with terms no less protective than those contained in
this EULA;
(iv) not to use Microsoft’s name, logo, or trademarks to
market the Licensee
Software;
(v) to display your own valid copyright notice which shall be
sufficient to
protect Microsoft’s copyright in the Software;
(vi) not to remove or obscure any copyright, trademark or
patent notices that
appear on the Software as delivered to you;
(vii) to indemnify, hold harmless, and defend Microsoft from
and against any
claims or lawsuits, including attorney’s fees, that arise or result from the
use or distribution of
the Licensee Software;
(viii) to otherwise comply with the terms of this EULA; and
(ix) agree that
Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the
Redistributables by your end
users except you may permit further redistribution of the Redistributables by
your distributors to
your end-user customers if your distributors only distribute the
Redistributables in conjunction
with, and as part of, the Licensee Software, you comply with all other terms of
this EULA, and your
distributors comply with all restrictions of this EULA that are applicable to
you.
(b) If you use the Redistributables, then in addition to
your compliance with the
applicable distribution requirements described for the Redistributables, the
following also applies.
Your license rights to the Redistributables are conditioned upon your not
(i) creating derivative works of the Redistributables in any
manner that would
cause the Redistributables in whole or in part to become subject to any of the
terms of an Excluded
License; or
(ii) distributing the Redistributables (or derivative works
thereof) in any manner
that would cause the Redistributables to become subject to any of the terms of
an Excluded License.
An “Excluded License” is any license that requires as a condition of use,
modification and/or
distribution of software subject to the Excluded License, that such software or
other software
combined and/or distributed with such software be (x) disclosed or distributed
in source code form;
(y) licensed for the purpose of making derivative works; or (z) redistributable
at no charge.
"""
Specifically:
-------------
3.1 (a) (iii) ... pursuant to an end user license agreement (which may be
“break-the-seal”,
“click-wrap” or signed), with terms no less protective than those contained in
this EULA ...
The PSF license is *less* protective than the MS EULA.
3.1 (a) ... You also agree not to permit further distribution of the
Redistributables ...
This clause also allows an exception to the rule, but that's mainly meant to
cover distributors of
the software as a whole.
3.1 (b) ... [may not be distributed together with an app under a GPL-like
license] ...
This is only important for people wanting to use e.g. py2exe for creating a
GPLed application.
Note that I'm not suggesting to dive into all this. We should simply put the
EULA into the installer
package and be done with it :-)
----------
title: Add MS EULA to the list of third-party licenses in the Windows installer
-> Add MS EULA to the list of third-party licenses in the Windows
installer
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