Re: Legal issues (was: Re: NSScrollView/NSClipView resizing. (fwd) <VirusChecked>)

[Pascal Bourguignon]

> From: "Lars Sonchocky-Helldorf" <Lars.Sonchocky-Helldorf@bbdo-interone.de>
> 
> >while the "same" MacOSX Examples sources contain:
> 
>     IMPORTANT:  This Apple software is supplied to you by Apple
>     Computer, Inc. ("Apple") in consideration of your agreement to the
>     following terms, and your use, installation,  modification or
>     redistribution of this Apple software constitutes acceptance of
>     these  terms.  If you do not agree with these terms, please do not
>     use, install, modify or  redistribute this Apple software.
> 
>     In consideration of your agreement to abide by the following
>     terms, and subject to these  terms, Apple grants you a personal,
>     non-exclusive license, under AppleÕs copyrights in  this original
>     Apple software (the "Apple Software"), to use, reproduce, modify
>     and  redistribute the Apple Software, with or without
Ok, I overlooked this ______________________^^^^^^^^^^^^^^^

>     modifications, in source and/or binary  forms; provided that if
>     you redistribute the Apple Software in its entirety and without
And only saw that ____________________________________________^^^^^^^

>     modifications, you must retain this notice and the following text
______^^^^^^^^^^^^^  Sorry for the confusion. I'm not used to read the 
small print. I'm not a lawyer neither.

>     and disclaimers in all  such redistributions of the Apple
>     Software.  Neither the name, trademarks, service marks  or logos
>     of Apple Computer, Inc. may be used to endorse or promote products
>     derived from  the Apple Software without specific prior written
>     permission from Apple. Except as expressly stated in this notice,
>     no other rights or licenses, express or implied, are granted by
>     Apple herein, including but not limited to any patent rights that
>     may be infringed by your  derivative works or by other works in
>     which the Apple Software may be incorporated.
> 
>     The Apple Software is provided by Apple on an "AS IS" basis.
>     APPLE MAKES NO WARRANTIES,  EXPRESS OR IMPLIED, INCLUDING WITHOUT
>     LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
>     MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING
>     THE APPLE SOFTWARE OR ITS  USE AND OPERATION ALONE OR IN
>     COMBINATION WITH YOUR PRODUCTS.
> 
>     IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT,
>     INCIDENTAL OR CONSEQUENTIAL  DAMAGES (INCLUDING, BUT NOT LIMITED
>     TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS  OF USE,
>     DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT
>     OF THE USE,  REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE
>     APPLE SOFTWARE, HOWEVER CAUSED AND  WHETHER UNDER THEORY OF
>     CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
>     OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
>     SUCH DAMAGE.
> 
> 
> >in addition to the Copyright... All rights reserved.
> >
> >Therefore, while we could put a copy of the MacOSX Examples on GNUstep
> >site and  have them compile and  run on GNUstep,  we cannot distribute
> >any modified copy.
> 
> Could you explain that a little bit closer? Where exactly is the pitfall? 
> I as a layman in law read that completely different:

You're right. The conditions are :

   - If we distribute a verbatim copy, we must keep the copyright and
     license notice.

   - If we distribute a modified copy, we must remove any mention of
     the name, trademarks, service marks  or logos  of Apple Computer,
     Inc. that could be used to endorse or promote the derived products.

Is that Ok?
 
>     In consideration of your agreement to abide by the following
>     terms, and subject to these  terms, Apple grants you a personal,
>     non-exclusive license, under Apple's copyrights in  this original
>     Apple software (the "Apple Software"), to use, reproduce, modify
>     and  redistribute the Apple Software, with or without
>     modifications, in source and/or binary  forms;
> 
> that would I interpret as the right to do nearly everything with
> that  software. The only terms I don't know of what exactly they
> should express  are: "personal, non-exclusive license" and "under
> Apple's copyrights in  this original Apple software (the "Apple
> Software")"
> 
>     provided that if
>     you redistribute the Apple Software in its entirety and without
>     modifications, you must retain this notice and the following text
>     and disclaimers in all  such redistributions of the Apple
>     Software.
> 
> doesn't that mean (implicit) that if you modify that examples you aren't 
> forced to retain this notice?

Well,  I'm not  sure  here. On  one  hand it  does not  seem  to be  a
"viral-license", but I think it would not hurt to keep this whole text
while  clearly  labelling it  as  the  copyright  and license  of  the
original  work  and that  Apple  Computer  Inc.  doesn't endorse  your
GNUstep  modifications, and  that  the current  derived  work is  part
Copyright Apple Computer Inc.  part Copyright Free Software Fundation,
Inc.

>     Neither the name, trademarks, service marks  or logos
>     of Apple Computer, Inc. may be used to endorse or promote products
>     derived from  the Apple Software without specific prior written
>     permission from Apple. Except as expressly stated in this notice,
>     no other rights or licenses, express or implied, are granted by
>     Apple herein, including but not limited to any patent rights that
>     may be infringed by your  derivative works or by other works in
>     which the Apple Software may be incorporated.
> 
> Well, that reads very poisonous. But isn't that mainly the protection of 
> their trademarks and stuff from missuse and the protection of patent 
> issues in which they won't get involved. Please correct me if I am wrong 
> here, as i said I am a layman in that area. If that license really keeps 
> one from open sourcing derived work I wan't to know that since I planned 
> to use some examples from apple 
> (http://developer.apple.com/samplecode/Sample_Code/Cocoa/Moriarity.htm a 
> Cocoa GUI that wraps command-line functionality) for an open source project.
>
> greetings, Lars

I think  that in  anycase authoring a  software, copyrighting  it, and
distributing it under  a freedomful license (open source  if you will)
never protect you from the patent risks.

I think that the lawyers who wrote this condition did not know whether
there was any application of any patent in these Examples sources, and
they wanted  to state that  if there was  any application of  an Apple
owned  patent, then  this license  does not  include those  patent and
they'll want to keep the right to license (paying) this patent to you.


In  conclusion, thanks  to correct  my reading,  and we  can  use both
OPENSTEP  and  MacOSX Examples  an  make  a  derived work  of  GNUstep
Examples. (I would prefer OpenStep Examples, that could be compiled on
these three platforms and more).


-- 
__Pascal_Bourguignon__              (o_ Software patents are endangering
()  ASCII ribbon against html email //\ the computer industry all around
/\  and Microsoft attachments.      V_/ the world http://lpf.ai.mit.edu/
1962:DO20I=1.100  2001:my($f)=`fortune`;  http://petition.eurolinux.org/

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