Approval request - Poetic License

[Karsten M. Self]

on Fri, Nov 09, 2001 at 08:48:16PM +0000, Christopher Brien (christopher_brien at hotmail.com) wrote:
> Hi
> 
> Karsten M. Self wrote
> ---
>     "This license is not granted".
> 
> The basis for my earlier comment that this is largely a machine that turns 
> itself off.
> ---
> 
> Okay. I'll change that text to read "This license is granted to anyone who 
> desires, but it is not needed to use the software."

Stop playing games.  I'm getting more than a little tired of people
using this list as their platform for advancing personal legal fantasy. 


Write a preamble that states your views.  If at all possible, reflect
legal reality appropriately.

"Use" of the software doesn't require the license, 17 USC 117.

"Aquisition" (copy, transfer, distribution, modification, production of
derived works, etc., etc., etc.) _does_ require an explicit grant of
license.  The licensing of _exclusive rights under copyright_ is a
different issue from the licensing of _works_ under copyright, which is
what many proprietary EULAs attempt -- and you're somewhat near a point
here:  the legality of such EULAs has been questioned, and a recent
Adobe case ruled transfer sale not license.



I'd also very strongly suggest you include a disclaimer of warranty
liability.

It seems your goals could be accomplished by editing the BSD license to
exclude any conditions.  A preamble could be attached.

Excising the conditional terms of the BSD license would leave something
resembling the following.

    Redistribution and use in source and binary forms, with or without
    modification, are permitted.

    THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS''
    AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
    TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
    PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR
    CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
    SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
    LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
    USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
    ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
    OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
    OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGE.

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>       http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             Home of the brave
  http://gestalt-system.sourceforge.net/                   Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire                     http://kmself.home.netcom.com/resume.html
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