Proposal for OSI Certification: The SteelBlue License

[Rod Dixon, J.D., LL.M.]

This is really a remedy clause so it does not appear to cover the same issue
that unilateral revocation of the license involves. I think that the intent
here is to inform licensees that a breach of the license by the licensee
terminates the license. Generally, language like this is not unusual. The
use of the word "any" could render the remedy a little harsh under
circumstances where the licensee fails to comply with a minor term, but that
is a different issue.

Rod Dixon

> -----Original Message-----
> From: David Johnson [mailto:david at usermode.org]
> Sent: Friday, September 08, 2000 9:48 PM
> To: kmself at ix.netcom.com; license-discuss at opensource.org
> Subject: Re: Proposal for OSI Certification: The SteelBlue License
>
>
> On Fri, 08 Sep 2000, kmself at ix.netcom.com wrote:
>
> > > 5.  TERMINATION.  In the event of any default or failure of User to
> > >     abide by the terms hereof, this license may be revoked by TCG
> > >     without prior notice and all rights granted hereunder rescinded.
> > >     In the event of such revocation, the Program and all copies
> > >     thereof however stored and on all media, temporary and permanent,
> > >     shall be returned to TCG or destroyed or otherwise disabled by
> > >     User.  Upon request User shall provide sufficient evidence of
> > >     compliance said obligation.
> >
> > Unilateral termination language is generally not favorably received.
> > You can yank rights at any time.  Sorry, I won't play.
>
> I think you have misinterpreted the clause. The way I read it, they can
> only yank rights away if the user does not abide by the license. This
> isn't unilateral, it can only happen through specific action by the
> user.
>
> Although I don't like how they can terminate usage rights. It would be
> much better if only distribution rights were terminated upon license
> violation.
>
> --
> David Johnson
> _________________________
> <http://www.usermode.org>
>