[License-review] Request for Approval for YetiForce Public License 3.0
Brendan Hickey
brendan.m.hickey at gmail.com
Thu Jun 14 11:20:42 UTC 2018
This license should be rejected. Absent specialist legal review it's
unreasonable to graft novel clauses onto an existing license and assume
everything will just work.
Second, even if this license is well formed and cromulently meets the OSI
definition, it should be rejected on proliferation grounds.
Brendan
On Thu, Jun 14, 2018, 6:02 AM Paulina Walenczak <p.walenczak at yetiforce.com>
wrote:
> Hello,
>
> I represent the YetiForce Sp. Z o.o. [Ltd.] company, the sole producer of
> the YetiForce CRM software, and I am submitting the YetiForce Public
> License 3.0 for review and approval as an Open Source License.
>
> Below you can find the original text of the license and all the other
> required information.
>
>
>
> *YetiForce Public License v3*
>
> Open license based on MIT license
>
> Copyright (c) 2017 YetiForce Sp. z o.o. (Ltd.)
>
>
>
> Permission is hereby granted, free of charge, to any person obtaining a
> copy of this software and associated documentation files (the "Software"),
> to deal in the Software without restriction, including without limitation
> the rights to use, copy, modify, merge, publish, distribute, sublicense,
> and/or sell copies of the Software, and to permit persons to whom the
> Software is furnished to do so, subject to the following conditions:
>
> The above copyright notice and this permission notice shall be included in
> all copies or substantial portions of the Software.
>
> The inclusion of abovementioned notices may be in a form of an active link
> to the license, as stated in Appendix A.
>
>
>
> The Software used for more than 14 days must be registered via the
> built-in form.
>
> If such registration is not possible, further use of the Software requires
> registration via email (registration at yetiforce.com), as stated in
> Appendix B.
>
> The registration form is properly submitted if sent (data entry to
> electronic communication system) and if it contains complete and true data.
>
> Registration is mandatory for any company (registration does not apply to
> employees of these companies or private individuals) that uses, configures
> and/or modifies the Software, regardless of whether the entity does it
> for itself or for other subjects.
>
> Data used for registration must be true. All sent registration
> information, including the company’s name, may be used by YetiForce Sp. z
> o.o. (Ltd.) for marketing purposes (i.e. preparation of statistics,
> publication on the website).
>
> YetiForce Sp. z o.o. (Ltd.) does not sell or transfer that data to other
> entities and guarantees its confidentiality.
>
>
> By using the Software, it is forbidden to remove or alter the content of
> the system footer, including referrals to the website and social media of
> YetiForce Sp. z o.o. (Ltd.).
>
> The footer can be customized in color as long as the system template
> changes, provided the readability is maintained.
>
> The footer of the system may be removed with the prior written consent of
> YetiForce Sp. z o.o. (Ltd.).
>
>
> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
> IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
> FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS
> OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
> WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF
> OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
> SOFTWARE.
>
>
> Appendix A
>
> Minimal description of the license and copyrights required for PHP files;
> it can be expanded by phpDocumentator elements unless they modify the
> license and/or existing copyrights to files:
>
> /**
>
> * @copyright YetiForce Sp. z o.o.
>
> * @license YetiForce Public License 3.0 (licenses/LicenseEN.txt or
> yetiforce.com)
>
> */
>
>
>
> Minimal description of the license and copyrights required for TPL files;
> it can be expanded by additional elements unless these changes modify the
> license and/or existing copyrights to files:
>
>
>
> {*< !-- {[The file is published on the basis of YetiForce Public License
> 3.0 that can be found in the following directory: licenses/LicenseEN.txt or
> yetiforce.com]} -- >*}
>
> Minimal description of the license and copyrights required for JS files;
> it can be expanded by additional elements unless these changes modify the
> license and/or existing copyrights to files:
>
> /* {[The file is published on the basis of YetiForce Public License 3.0
> that can be found in the following directory: licenses/LicenseEN.txt or
> yetiforce.com]} */
>
>
>
> Appendix B
>
>
>
> All data below must be true, it is an obligatory condition of registering
> the product that results from the license terms.
>
> 1. Registration information (data below is used for statistical purposes
> and may be published on the producer’s website):
>
> Full company name
>
> Country
>
> City
>
> Company size
>
> 2. Product key - enter the unique product key that can be seen on the
> administrator’s panel main page:
>
>
> *Rationale:* We created our own license due to two main reasons. First of
> all, the obligation to register our software allows us to find out more
> about companies who use our system on a daily basis, which allows us to to
> better select and schedule all the changes in the system. Secondly, the
> obligation to keep the footer in its original form helps us protect our
> work from being distributed by third parties in a way that violates the
> license.
>
> *Distinguish: *The YetiForce Public License 3.0 was created based on the
> MIT license. There are only 2 additional conditions:
>
> 1. The first one requires registration of the product, via a built-in form
> or email, if used for more than 14 days.
>
> 2. The second additional condition prohibits removing or altering the
> footer without explicit written consent from the producer (YetiForce Sp. z
> o.o. [Ltd.])
>
> *Legal review:* There is no legal review since the license only adds 2
> conditions to the MIT license.
>
> *Proliferation category: *Non-reusable licenses
> --
>
> Z poważaniem / Regards
>
> *Paulina Walenczak*
>
> *International Key Account Manager*
>
> M: +48.884310123
> E: p.walenczak at yetiforce.com
> ------------------------------
>
> Meet YetiForce. Achieve the impossible.
> Test & Download <https://yetiforce.com/en/download> | Free Support
> <https://github.com/YetiForceCompany/YetiForceCRM> | Facebook
> <https://www.facebook.com/YetiForceCRM/>
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>
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>
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