From mboxrd@z Thu Jan 1 00:00:00 1970 Received: from pigeon.gentoo.org ([208.92.234.80] helo=lists.gentoo.org) by finch.gentoo.org with esmtp (Exim 4.60) (envelope-from ) id 1SOCmN-0004Zs-1z for garchives@archives.gentoo.org; Sat, 28 Apr 2012 18:53:59 +0000 Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id 175A3E063F; Sat, 28 Apr 2012 18:53:41 +0000 (UTC) Received: from mail-wg0-f53.google.com (mail-wg0-f53.google.com [74.125.82.53]) by pigeon.gentoo.org (Postfix) with ESMTP id 1A5A1E0540 for ; Sat, 28 Apr 2012 18:53:03 +0000 (UTC) Received: by wgbfm10 with SMTP id fm10so1655894wgb.10 for ; Sat, 28 Apr 2012 11:53:03 -0700 (PDT) X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=google.com; s=20120113; h=mime-version:sender:in-reply-to:references:date :x-google-sender-auth:message-id:subject:from:to:content-type :content-transfer-encoding:x-gm-message-state; bh=RvvdLie2s1tAMpivNTOC9SQrZD83zYErwNx1qc7ajek=; b=Dc6WoUoTpsOP/hLw8MI7OpT9OWrRGcjHHeCQNke40MauCNynxbyOVrM3PtUiZ+m2ec 5q9U6taW8Ae78FBgjuT2DnHmof/VazaVZ483o1i/xkjXI75JVSd90JUYRF98ECFLQxJ5 1AghhP6A6AjobV5GFMHVTCehw29v8Sk3KVKtOlfkFSJZD+VhKX5h66+xQy5AyHFrhCyh 8X9oaELzT1+whT6ng/q4VwW3CFD97LrZxJqZ1IQBsPobZY/bxIOtYjdTUtAM8QDIaZdW K3J+2QsgQWU/kGzX7TzM2jv2SgmZhioPNlefMTLpSUmfwDqu/6DxtBDo+3eCfEgiYVRX wIVA== Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Linux mail X-BeenThere: gentoo-dev@lists.gentoo.org Reply-to: gentoo-dev@lists.gentoo.org MIME-Version: 1.0 Received: by 10.216.134.155 with SMTP id s27mr339074wei.80.1335639183178; Sat, 28 Apr 2012 11:53:03 -0700 (PDT) Sender: antarus@scriptkitty.com Received: by 10.227.137.138 with HTTP; Sat, 28 Apr 2012 11:53:03 -0700 (PDT) In-Reply-To: References: <1335519028-sup-4124@raeviah> <1335526185-sup-4610@raeviah> <1335534186-sup-3638@raeviah> <20120427143405.GA20829@linux1> <1335538634-sup-7655@raeviah> Date: Sat, 28 Apr 2012 11:53:03 -0700 X-Google-Sender-Auth: DcsdUF12gRbX4hydWkpCTIVk3mM Message-ID: Subject: Re: [gentoo-dev] Re: New license: yEd Software License Agreement From: Alec Warner To: gentoo-dev@lists.gentoo.org Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: quoted-printable X-Gm-Message-State: ALoCoQnceKbkPdkoWnKdR4IjaTBawmS9Vd5LkxsA3v0D5DB7BXcz16n5QANUYWMdvtM6Ozse//rq X-Archives-Salt: 118b93c8-1459-42ee-901c-63867de81ea4 X-Archives-Hash: 65f237e1bfa998cb25d896849b91b08d On Fri, Apr 27, 2012 at 12:02 PM, Rich Freeman wrote: > On Fri, Apr 27, 2012 at 2:04 PM, Nikos Chantziaras wro= te: >> Didn't the user already accept the license by putting it in ACCEPT_LICEN= SE? >> =C2=A0If not, portage will not download it. >> > > Well, I'd argue that it is impossible to "accept a license" in the > first place. =C2=A0It is possible to agree to a contract if there is > consideration on both sides and a meeting of the minds. That doesn't mean you didn't / cannot accept, merely that some (all?) provisions are likely unenforceable in a court of law. I don't think EULAs have been ruled illegal yet. > > Copyright says you can't copy something. =C2=A0A license says you might b= e > able to. =C2=A0You don't have to "accept" a license to benefit it. =C2=A0= A > license does not restrict what a user can do, it restricts what the > person issuing the license can do (I can't sue you for redistributing > my code if I licensed it to you under the GPL). =C2=A0Some licenses are > conditional - I only limit my own ability to sue you if you give > people a copy of the source for any binary you give them, and if you > don't do that I am now free to sue you. Have you read the yEd license? I mean it does restrict what users can do: "By installing the Software, the Licensee is indicating that he/she has read and understands this Agreement and agrees to be bound by its terms and conditions." "The Licensee is granted a non-exclusive and non-transferable right to install one copy of the Software and use it as an application. The Software may not be used as part of an automated process. The Licensee may not reverse engineer, disassemble, decompile, or unjar the Software, or otherwise attempt to derive the source code of the Software." How is that not restricting what the end user can do? A court of law could find a number of wiggle areas (what does it mean to 'install the software' for instance, in some countries reverse engineering is fair user and this right cannot be taken away by a license, etc..) > > Ultimately the foundation for licenses is copyright law, and other > forms of IP law. =C2=A0Copyright says we can't distribute anything we don= 't > create except under very specific circumstances. =C2=A0A license says tha= t > we can distribute stuff without fear of lawsuit under some conditions. I don't think we are talking solely about redistribution rights but also end user rights (EULA.) In this case their license (tries to) cover both aspects. > > The yEd license says we can't distribute anything, so as far as I can > see, we might as well not have any license at all. =C2=A0We're not > protected at all from a lawsuit, except to the degree that we don't do > anything that we can be sued for (like distributing their software). > > But yes, from a technical standpoint you can only install a package if > its license is contained in ACCEPT_LICENSE. =C2=A0Whether this has any > legal meaning is up to you or a court with jurisdiction to decide. Its unclear if ACCEPT_LICENSE actually implies the user read and accepted the EULA; but since the EULA is implicit w/installing the software it is unclear to me (in my lay opinion) if this actually matters. > > Rich >