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Terms of use Mathworks file exchange


From: Juan Pablo Carbajal
Subject: Terms of use Mathworks file exchange
Date: Sun, 6 May 2012 19:16:04 +0200

On Sat, May 5, 2012 at 12:01 PM, Francesco Potortì <address@hidden> wrote:
>>> If you obtained the code from the Mathworks, they impose additional
>>> restrictions on you. They say, "if you get the code from us, you can
>>> only use it this way".
>>
>>no! That mentioned clause - it is actually modified and reads now
>>
>>"Content submitted to File Exchange may only be used with MathWorks
>>products."
>>
>>means if it simply *is* on their site I cannot use it anywhere else. That is
>>what really bothers me. (And less strict interpretations would imply that it
>>does matter where I got the code from). The very fact that ML changed that
>>clause means that they are brooding over it as well.
>
> Hm.  I would be surprised if your interpretation was correct and had any
> legal effect at all, but who knows?  I am not a lawyer, and even if I
> was that would change little :)
>
> --
> Francesco Potortì (ricercatore)        Voice:  +39.050.315.3058 (op.2111)
> ISTI - Area della ricerca CNR          Mobile: +39.348.8283.107
> via G. Moruzzi 1, I-56124 Pisa         Fax:    +39.050.315.2040
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What Jordi says is not always like that. Accepting terms of service or
similar (things you have to accept in websites otherwise you cannot
use it) does not imply that you read it, and it is assumed that these
terms won't contain "unusual" conditions. This being said, each case
is open to interpretation and only in court will be decided whether
you should have consider the terms accepted or not and whether you can
be punished.

A term so restrictive as 3.b in the terms of use in MatLab exachange
(accoriding to my favorite IP lawyer to whom I ask and had a long
discussion due to these e-mails) is quite "unusual" and the lawyer
thinks that may be difficult to enforce it generally (i.e. if they
want to make valid they will have to bring ti to court and convince
the system they are right). Of course, this is all interpretation!
(and it will depend on the country! I am in CH) So, if you want to be
on the safe side is better not to ignore those clauses...and therefore
not use their "service".

If you have your own copy of the code, and you are the author of it,
you can use your own copy, not related to the version that you once
uploaded to ML F. exchange.

Interesting, but difficult topic indeed!

--
M. Sc. Juan Pablo Carbajal
-----
PhD Student
University of Zürich
http://ailab.ifi.uzh.ch/carbajal/


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