ATT SOURCE CODE AGREEMENT Version 1.2C

[Forrest J. Cavalier III]

> From:          Bruce Perens <bruce at perens.com>
> To:            John Cowan <cowan at locke.ccil.org>, license-discuss at opensource.org
> Subject:       Re: ATT SOURCE CODE AGREEMENT Version 1.2C

> Their restriction on how others use their web site seems to be outside of the
> scope of the OSD. I remain unconvinced that presenting someone else's web site in
> a frame is fair use, anyway, and do not see that you would have this right had you
> not entered into this license.
> 

The license also places conditions on providing a simple link.
The legal controversy over "deep links" is unsettled, (has there
been a ruling in NY?) and I'm of the conviction that providing a
link is a reference, (and nearly always "fair use") but framing
is close to plagiarism.

I dislike seeing licenses which purport to grant rights you
already have, (or place restrictions on rights you already
have), but as Bruce says, this clause is outside the scope of
the OSD.

       2. Subject to the terms and conditions of this Agreement, you may
          create a hyperlink between an Internet website owned and
          controlled by you and the Website, which hyperlink describes
          in a fair and good faith manner where the Capsule and Source
          Code may be obtained, provided that, you do not frame the
          Website or otherwise give the false impression that AT&T is
          somehow associated with, or otherwise endorses or sponsors
          your website.