Mail Archives: djgpp/1997/01/28/10:53:15
(Note, I've removed Roger's email address just to keep him from being
flooded with email)
Sean's original message is included after Roger's response.
Date: Tue, 28 Jan 1997 13:23:40 -0000
From: Roger Gross
To: 'Gene Buckle' <geneb AT web DOT wa DOT net>
Subject: RE: OPENDOS HAS BEEN RELEASED! (fwd)
Gene, Sean,
Hmmm! Yes the wording is not in the spirit of the agreement. I would say
it is worded like this because of third party pieces that we include and
we are bound by our agreements with them.
Source code, when available, will not be so restrictive because we will
only be publishing pieces that we own or have a source code redistribution
license for.
It is my intention that for non-commercial use, you can do what you like
with the software. For commercial use we must restrict it's
re-distribution and use because of legal liabilities and warranties etc.
The agreement should probably be reworded to make a clearer distinction
between commercial and non-commercial use.
I'm going to check with the lawyers tonight (morning US time) to see if we
might reword it.
I think Sean speaks for many so I am grateful to him for his comments. Be
assured that we want this thing to be pervasive and hope to make money
commercially because of the momentum generated by free end user use. For
that reason we would not wish to stifle end user use.
Leave it with me. Feel free to post this response to the mail groups.
Roger
From: Gene Buckle[SMTP:geneb AT web DOT wa DOT net]
Sent: 25 January 1997 12:02
To: Roger Gross
Subject: Re: OPENDOS HAS BEEN RELEASED! (fwd)
Roger, Sean has made some valid points here. Is there any way that the
wording of the licensing agreement could be changed or modified?
g.
---------- Forwarded message ----------
Date: Sat, 25 Jan 1997 00:44:07 GMT
From: "Sean Nash"@delorie.com
To: djgpp AT delorie DOT com
Subject: Re: OPENDOS HAS BEEN RELEASED!
Newsgroups: comp.os.msdos.djgpp
Gene Buckle <geneb AT web DOT wa DOT net> wrote:
>As Jeff noted earlier, OpenDOS has been released. (On time no less!)
>I'm "re-announcing" with the exact URL so folks don't have to go poking
>around to find it.
>Go to http://www.caldera.com/dos/dos.htm and grab it!
>(SEE! It's NOT vaporware! It's not, It's not... <ad nauseum>) *grin*
>g.
Theoreticly you are working with Caldera to simplify and take out
copyright code out of OpenDos. If that is true and they plan on
releasaing the sources what does this mean?
] Except where expressly provided in this license, Licensee may not
] use, copy, disseminate, modify, reverse engineer, distribute,
] sub-license, sell, rent, lend, give, or lease or in any way
] transfer using any means or medium, including telecommunications,
] the software. Licensee will use best efforts to take all reasonable
] steps to protect the software from unauthorized use, copying, or
] dissemination, and will maintain all proprietary notices intact.
This was taken from the agreement that you agree to when you download
the software. I am specificly referring to the word "modify". If
they are releasing the sources but do not want you to modify them,
what is the point??? Here is another question.
] Copying or reproduction of the software to any other server or
] location for further reproduction or redistribution is expressly
] prohibited.
If OpenDos is free to non-comercial users, why can people only
download it from the Caldera site. I know people that do not have
internet access so technicly they could not get the software because
the license tranfers to me when I download it, and I cannot give it to
them. See the first quote. Why would anyone start to devolope for
software that many people cannot legally access when everyone can
already make dos (and winblows) programs that the mass of the people
can already run. It seems Caldera is just choking any serious attempt
at releasing a good user supported dos clone.
I for one will not devolope for an opperating system that is
controlled by a company with a user policy as strict as Calders. It
is legal to dissassemble dos. The dissassmbly has even been in books
(ex Undicumented Dos, great book). But with OpenDos, by downloading
it you agree not to dissassble it.
Just my two cents.
Sean Nash
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