For Approval: mindmason license (MML)

Forrest J. Cavalier III forrest at mibsoftware.com
Thu Sep 2 15:57:59 UTC 2004


Stephan Meyer wrote:

> First, thanks for your comments.
> 
> Am 02.09.2004 um 17:06 schrieb Forrest J. Cavalier III:
> 
>> I like some of your phrasing. But I do not think this license follows
>> the OSD.
>>
>> I see your 2 III as being in conflict with the OSD on its face.
>>   "Licensee is not entitled to grant rights pertaining to the Program 
>> to third persons. "
> 
> 
> I don't see why. I'm handling the sublicense-issue GPL-style.
> 
> The GPL states in section 6:
> "Each time you redistribute the Program (or any work based on the
> Program), the recipient automatically receives a license from the
> original licensor to copy, distribute or modify the Program subject to
> these terms and conditions.
> 
> So the Licensee has no use for the right to sublicense, since the 
> license always originates from the author(s) of the work.
> 

The GPL is a permission license under copyright laws.  You are offering a
contract, so your comparison to the GPL is interesting, but not persuasive.

 > Please elaborate on how one can "legally obtain" a copy of a computer
 > program while rejecting the license terms that come with it.

As I understand it, if I agree to your contract, I can distribute the
software.  Therefore I can place a copy of the software on a friend's
computer. My friend can use the software under U.S. copyright law
without assenting to your offer of contract.

Perhaps you should discuss your license with a capable attorney.




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