STWL 1.0, revision 7: please comment

Ernest Prabhakar prabhaka at apple.com
Mon Nov 22 22:34:25 UTC 2004


Hi Bernhard,

On Nov 22, 2004, at 11:45 AM, Bernhard Fastenrath wrote:

>     3. The licensee makes an attempt to promote the use of this 
> software
> by notifying parties the licensee is in contact with and to whom this
> software may be of interest about the software, even if such parties
> have not yet recognized the need themselves or already attempt to use
> another type of software, especially if the later is proprietary 
> software.
>
>     4. The licensee agrees to be of assistance at least twice if
> anybody requests help in installing the software or understanding
> the software.

I appreciate your attempts to make these clauses palatable, but I just 
don't think they're going to fly.   Either they are enforceable -- in 
which case they impose extrinsic obligations which probably violated 
the OSD -- or they are not, in which case there's no point in having 
them.

I did say "probably" -- maybe this meets the letter of the OSD, but the 
whole notion seems contrary to the spirit (IMHO).  I'd just put them in 
a non-normative preamble (rather than in the license proper) and be 
done with it.

-- Ernie P.
IANAL, TINLA, etc., etc.




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