Comments on: The Most Sensible License Agreement I’ve Seen in a Few Years http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/ Ranting and Raving Thu, 09 Feb 2012 17:01:34 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: John Cowan http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-88166 John Cowan Mon, 18 Jun 2007 14:33:38 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-88166 If the software was sold (I now understand that it's not a software library), then your arguments are plausible. However, I have never bought a piece of software in my life. I have copied software (libre or otherwise) without charge on many occasions, and on a few occasions I have bought licenses to use software under circumstances that made it extremely clear that I was not buying the software. I don't think there's much software available for actual sale. If the software was sold (I now understand that it’s not a software library), then your arguments are plausible. However, I have never bought a piece of software in my life. I have copied software (libre or otherwise) without charge on many occasions, and on a few occasions I have bought licenses to use software under circumstances that made it extremely clear that I was not buying the software. I don’t think there’s much software available for actual sale.

]]> By: Roland Pibinger http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-80466 Roland Pibinger Sat, 02 Jun 2007 21:19:23 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-80466 One of the most sensible and most permissive licenses is the ISC licence: http://en.wikipedia.org/wiki/ISC_license http://9fans.net/archive/2003/06/277 One of the most sensible and most permissive licenses is the ISC licence:
http://en.wikipedia.org/wiki/ISC_license
http://9fans.net/archive/2003/06/277

]]> By: Elliotte Rusty Harold http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-79189 Elliotte Rusty Harold Thu, 31 May 2007 09:08:00 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-79189 The GPL does grant extra rights, but it does take away your rights to a warranty of fitness for a particular purpose, and your rights to sue for damages in some jurisdictions if the software misbehaves. I'm not saying that's necessarily a bad thing, but it is a removal of rights you might otherwise have. <blockquote>IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</blockquote> On the other hand, you don't have to accept the GPL to merely use GPL software, so possibly the rights removal only kicks in if you redistribute the software. The GPL does grant extra rights, but it does take away your rights to a warranty of fitness for a particular purpose, and your rights to sue for damages in some jurisdictions if the software misbehaves. I’m not saying that’s necessarily a bad thing, but it is a removal of rights you might otherwise have.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

On the other hand, you don’t have to accept the GPL to merely use GPL software, so possibly the rights removal only kicks in if you redistribute the software.

]]> By: Michael http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-79178 Michael Thu, 31 May 2007 08:35:31 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-79178 Um, what rights does GPL (version?) take away? My, possibly outdated, understanding was that it was based on copyright law and actually granted extra rights. Um, what rights does GPL (version?) take away? My, possibly outdated, understanding was that it was based on copyright law and actually granted extra rights.

]]> By: Davin http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-79023 Davin Thu, 31 May 2007 03:22:46 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-79023 I think that there is confusion here about what Delicious Library actually is. I originally assumed (as I suspect did John) that Delicious Library is actually a re-usable software library. In that case, the lack of any sort of distribution permission in the license would be a problem. I think that there is confusion here about what Delicious Library actually is. I originally assumed (as I suspect did John) that Delicious Library is actually a re-usable software library. In that case, the lack of any sort of distribution permission in the license would be a problem.

]]> By: Elliotte Rusty Harold http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-78275 Elliotte Rusty Harold Tue, 29 May 2007 19:31:51 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-78275 It's a common misconception that you need a big page of legalese to tell you what you can and can't do with software. That's false. You don't need a license for software anymore than you need a license for a book. They sold me a piece of software. I can do anything I like with it that is not actively contradictory to the laws of the country in which I reside. One version of Prince of Persia actually had an even simpler license that basically said, "There is no license. Follow copyright law." Remember, most software licenses (including this one) are designed to take away rights you might otherwise have under Federal and state law. Even free-software licenses such as the GPL take away some rights, though they grant others you would not otherwise have. It’s a common misconception that you need a big page of legalese to tell you what you can and can’t do with software. That’s false. You don’t need a license for software anymore than you need a license for a book. They sold me a piece of software. I can do anything I like with it that is not actively contradictory to the laws of the country in which I reside.

One version of Prince of Persia actually had an even simpler license that basically said, “There is no license. Follow copyright law.”

Remember, most software licenses (including this one) are designed to take away rights you might otherwise have under Federal and state law. Even free-software licenses such as the GPL take away some rights, though they grant others you would not otherwise have.

]]> By: John Cowan http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/comment-page-1/#comment-78265 John Cowan Tue, 29 May 2007 18:20:28 +0000 http://www.elharo.com/blog/software-development/2007/05/29/the-most-sensible-license-agreement-ive-seen-in-a-few-years/#comment-78265 Umm, what are you allowed to do with the library? Copy it onto your computer? Copy it onto other people's computers? Incorporate it in your own programs? Or just take the CD, fold it till it's all corners, and stick it where the sun don't shine? This may be the only part <i>called</i> the license, but the <i>effective</i> license must be somewhere else. Umm, what are you allowed to do with the library? Copy it onto your computer? Copy it onto other people’s computers? Incorporate it in your own programs? Or just take the CD, fold it till it’s all corners, and stick it where the sun don’t shine?

This may be the only part called the license, but the effective license must be somewhere else.

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