<br><br><div><span class="gmail_quote">On 8/21/07, <b class="gmail_sendername">Michael R. Bernstein</b> <<a href="mailto:michael@fandomhome.com">michael@fandomhome.com</a>> wrote:</span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br><br>Hmm. IANAL, but this seems at least a somewhat idiosyncratically narrow<br>interpretation of 'you may do so only under this license'.<br><br>You are grouping the words in one way, but ignoring the groupings 'may
<br>do so' and 'only under', that produces the corollary interpretation 'you<br>may not distribute under any other license'. If this is NOT an intended<br>interpretation, rewording 3D (and the MS-CL 3E) to exclude that
<br>interpretation should be relatively simple.</blockquote><div><br>You know, this is pretty funny. IANAL, neither are you. We are arguing over legal theory here and there is nobody chiming in with who is willing to correct.
<br><br>The legitimate question of law here is whether any copyright license permits distribution only under the terms of the license provided that copyright is not abused in the process etc. My argument is that the same wording is implied in the combination of the BSDL *and* US Copyright law. But again, IANAL and so neither of us are likely to be able to know for certain whether we are right until we buy appropriate legal opinions from duly licensed vendors of said opinions ;-)
<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">BTW, still haven't seen any statement from Bill Hilf or Jon Rosenberg as<br>
to whether 3D (or indeed the license as a whole) is or is not intended<br>to exclude the use of other licenses for distribution in source form.\</blockquote><div><br><br>The question is: does it exclude other licenses for the work as a whole? For derivative portions? etc. Provided no other license compatibilities exist (let us leave the GPL v3 in part because there are some oddities that make me unsure about whether the licenses are compatible or not in corner cases due to differences in definitions).
<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">> > See, I read 3D as an exception or condition to 2A, effectively altering
<br>> > the meaning of 2A to 'any derivative works except in source form'.<br>><br>> That would be plausible if 3D mentioned derivative works, but it doesn't.<br>> It speaks of the original software (or parts of it) only.
<br><br>Hmm. Well, OK. Again, IANAL, but that seems... wrong somehow.</blockquote><div><br><br>I am not so sure. Is "the software" limited to the original copy? I don't see it defined in the license anywhere, and so I would think that this only applies to original versions of the source.
<br><br>To back this definition, I would note that the MS-CL *does* at least attempt to extend this to changes made to the software specifically by requiring that files containing any portion of the software must be under the same license. This is GPL-incompatible because the GPL does not permit any further restrictions, such as preventing the mingling of code under incompatible licenses in the same physical file. If this was the means, why not include such a clause in the MS-PL as well? It seems to me therefore that changes to the software are not necessarily required to be under the license.
<br><br>Any comment from MS on this interpretation?<br></div><br></div>Best Wishes,<br>Chris Travers<br>