[License-discuss] License-discuss Digest, Vol 40, Issue 7

[John Cowan]

Savva Kerdemelidis scripsit:

> I'm not sure what you mean by "user" licence - you can't grant the right to
> "use" software under copyright law, only the right to make copies and make
> derivative works. "Use" could be considered a "pseudo-right". If the BSD
> disclaimers won't affect anybody (or only affect 'developers' not 'users')
> why are they there?

A user license is one suitable for software users who are not interested in
making or distributing copies, verbatim or modified.  It's usually called
an end user license agreement, or EULA.  Most proprietary software is
distributed under such a license.

> If users receive a copy of the code and have notice of the license that
> applies to the software why wouldn't they be bound by the disclaimer?

Because the disclaimer is not a condition of the license, it's simply
physically annexed to it.  Note that it's not given a number or
bullet.

> Yes, it is possible to have multi-licensed code, but if subsequent license
> is in conflict with conditions in the BSD license (e.g endorsement clause,
> disclaimer clause), wouldn't this breach the BSD license?

If the endorsement clause is violated, that's a breach.  But there
is no way to violate the disclaimer, and as noted it is not a condition.
It just tells you that you don't have certain rights you might
otherwise expect to have.

> As above, surely the disclaimer over the software is binding on Charlie if
> it is a condition of receiving a copy of the BSD licensed code and Charlie
> is aware of the license terms?

But it isn't a condition.

-- 
John Cowan          http://www.ccil.org/~cowan        cowan at ccil.org
No man is an island, entire of itself; every man is a piece of the
continent, a part of the main.  If a clod be washed away by the sea,
Europe is the less, as well as if a promontory were, as well as if a
manor of thy friends or of thine own were: any man's death diminishes me,
because I am involved in mankind, and therefore never send to know for
whom the bell tolls; it tolls for thee.  --John Donne