For Approval: AT&T Source Code Agreement

[Mahesh T. Pai]

Stephen C. North said on Wed, May 12, 2004 at 04:10:15PM -0400,:


 > 1. If you  are an  entity, or an  individual other than  the person
 > accepting this  Agreement, the  person accepting this  Agreement on
 > your  behalf  is   your  legally  authorized  representative,  duly
 > authorized to accept agreements of this type on you

Ummmm ... AFAIK, some hardware vendors simply duplicate disk images
into new machines. Does this amount to acceptance?

It the technician who installed the s/w on my machine authorised to
bind me. 

 > 3. Your Build Materials  are either original or do  not include any
 > Software  obtained   under  a  license  that   conflicts  with  the
 > obligations contained in this Agreement;

#4.1 specifically  deals with  distribution of `Build  Materials'. So,
this apparently  deals only with use  only.  If so, this,  and 4 below
taints other software.

 > 4. To  the best  of your  knowledge,  your Build  Materials do  not
 > infringe or misappropriate the rights of any person or entity; and,

See above. 


 >  5. You will regularly monitor the Website for any notices.

Ugh. Imposes obligations. 
 
 >4. "Capsule" means a computer file containing the exact same
 >contents as the computer file having the name graphviz*.* or
 >gviz*.*, which will be downloaded after accepting, or was opened to
 >access, this Agreement.

Fine. Now what happens if the software is modified so that graphviz*.*
becomes irrelavant to the software?
 
 >  5. "Derived Product" means a Software Product which is a
 > derivative work of the Source Code. 

Gee. Circular. 
 
 > 11. "Source Code"  means the Software contained  in compressed form
 > in the Capsule.

Ah. So, changing  the dependency of g*viz*.* has drastic impact ...

 > 1. Reproduce and distribute the Capsule;

So, if I change  the capsule naming scheme ... the license vanishes?  
 
 > good faith manner where the Capsule and Source C 

There is something with your message. Too many sentences have their
last words snipped. 
 

 > 1. Contact AT&T, as may be provided on the Website or in a text
 > file included with the Source Code, and describe for AT&T such
 > Patch and provide AT&T with a copy of such Patch as directed by
 > AT&T; or, 

That is a *pre* condition for distribution. You shall not distribute
unless you do X is not the same as saying that `if you distribute, you
shall do X also'. 

 > 1. You grant to AT&T under any IPR owned or licensable by you which
 > in any way relates to your Patches, a non-exclusive, perpetual,
 > worldwide, fully paid-up, unrestricted, irrevocable license, along
 > with the right to sublicense others, to (a) mak 

Where are (b) (c) etc., if any? 

 > 3. Your rights and license (but not any of your obligations) under
 > this Agreement shall terminate automatically in the event that (a)
 > notice of a non-frivolous claim by a third party relating to the
 > Source Code or Capsule is posted on the Website 

Hunh??? why should a claim by a *third party* terminate *my* right?

 > Appendix A - Minimum Terms

I'm  not sure  if  I'm being  careless  or this  is  because I  missed
something,  or it  may be  that body  of my  copy of  this  message is
mangled, but there is no reference  to an Appendix in the main body of
the license.

IMHO, as whole, it  fails OSD 7 and 8. 

-- 

   "Those willing to give up a little liberty for a little security
 		deserve neither security nor liberty"
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