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Posted to legal-discuss@apache.org by robert burrell donkin <rd...@apache.org> on 2006/09/27 00:22:10 UTC

not open source?

is the license below OSI compatible? 

in particular does

 ii) Licensee does not utilize the software in a manner which is
disparaging to Sun.

 discriminate (ironically enough) against the field of endeavor of
satirists...?

(quite literally no jokes about sun allow when using this software)

- robert

>  * Copyright (c) 1998, 1999 Sun Microsystems, Inc. All Rights Reserved.
>  *
>  * Sun grants you ("Licensee") a non-exclusive, royalty free, license to use,
>  * modify and redistribute this software in source and binary code form,
>  * provided that i) this copyright notice and license appear on all copies of
>  * the software; and ii) Licensee does not utilize the software in a manner
>  * which is disparaging to Sun.
>  *
>  * This software is provided "AS IS," without a warranty of any kind. ALL
>  * EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
>  * IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
>  * NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE
>  * LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING
>  * OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS
>  * LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
>  * INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
>  * CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF
>  * OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
>  * POSSIBILITY OF SUCH DAMAGES.
>  *
>  * This software is not designed or intended for use in on-line control of
>  * aircraft, air traffic, aircraft navigation or aircraft communications; or in
>  * the design, construction, operation or maintenance of any nuclear
>  * facility. Licensee represents and warrants that it will not use or
>  * redistribute the Software for such purposes.

Re: not open source?

Posted by robert burrell donkin <rd...@apache.org>.
On Wed, 2006-09-27 at 13:55 +0200, Santiago Gala wrote:
> El mar, 26-09-2006 a las 23:22 +0100, robert burrell donkin escribió:
> 
> (...)
> 
> >  ii) Licensee does not utilize the software in a manner which is
> > disparaging to Sun.
> > 
> >  discriminate (ironically enough) against the field of endeavor of
> > satirists...?
> > 
> 
> LOL. In a sense, uninstalling the software could be considered
> to "disparage" Sun, casting doubts about their excelence as software
> providers. Or sending a bug report, ... :)

ROTFWL :-)

- robert

Re: not open source?

Posted by Santiago Gala <sg...@apache.org>.
El mar, 26-09-2006 a las 23:22 +0100, robert burrell donkin escribió:

(...)

>  ii) Licensee does not utilize the software in a manner which is
> disparaging to Sun.
> 
>  discriminate (ironically enough) against the field of endeavor of
> satirists...?
> 

LOL. In a sense, uninstalling the software could be considered
to "disparage" Sun, casting doubts about their excelence as software
providers. Or sending a bug report, ... :)

Regards
Santiago
-- 
VP and Chair, Apache Portals (http://portals.apache.org)
Apache Software Foundation

Re: not open source?

Posted by Justin Erenkrantz <ju...@erenkrantz.com>.
On 9/26/06, robert burrell donkin <rd...@apache.org> wrote:
>
> is the license below OSI compatible?
>
> in particular does
>
> ii) Licensee does not utilize the software in a manner which is
> disparaging to Sun.
>
> discriminate (ironically enough) against the field of endeavor of
> satirists...?


I would also be more concerned about the exception forbidding use in
airlines, nuclear reactors, etc, etc.

So, my hunch is that this isn't OSI compatible.  -- justin