Squeak License OSD-compliance

[Forrest J. Cavalier III]

Sorry for the delay.  I think most of us were distracted by a 
discussion on fsb at crynwr at the time.

[snip]

> http://www.squeak.org/license.html
> 
> Basically it's an X11/MIT flavoured license, but with a couple of added things 
> that we are not sure about how they impact OSD-compatibility:
> - paragraph 5, "You agree to idemnify and hold Apple harmless..."
> - paragraph 6, Export restrictions
> Also, there's in paragraph 2 a sentence that restricts the bitmap fonts that 
> Apple donated to the project; however this is not a big issue as there now 
> exists jurisprudence that invalidates this clause. 

...Then it should be easy to remove those sentences from pagagraph 2.  
Adding additional burdens as a condition of license is not playing
fair.

There are a number of clauses in this license, including paragraph 6 
which I think make this a Not-Free software license.  But we are
discussing OSD approval, not FSF approval.

Requiring  compliance with U.S. laws, even in other jurisdictions is 
unnecessary.  But the way paragraph 6 is worded, I think it obviously
fails the OSD non-discrimination test.

I quote that paragraph:

6. Export Law Assurances.  You may not use or otherwise export or
reexport the Apple Software except as authorized by United States law
and the laws of the jurisdiction in which the Apple Software was
obtained.  In particular, but without limitation, the Apple Software
may not be exported or reexported (i) into (or to a national or
resident of) any U.S. embargoed country or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or 
the U.S. Department of Commerce's Table of Denial Orders.  By using
the Apple Software, you represent and warrant that you are not located
in, under control of, or a national or resident of any such country 
or on any such list.<p>

I am sorry that there are some previous licenses to work with
here.  Squeak is pretty well-known.  But my recommendation:
DEFINITELY DO NOT APPROVE.


Forrest

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3