On Thu, Jul 24, 2008 at 1:19 PM, Glenn Fowler <gsf at research.att.com> wrote: > > ksh93t 2008-07-24 beta source has been posted at > > http://www.research.att.com/sw/download/beta/INIT.2008-07-24.tgz > http://www.research.att.com/sw/download/beta/ast-ksh.2008-07-24.tgz > > the problems found since 2008-06-24 have been addressed
The License Agreement for ksh93 requires some review. As a single user I *may* find it okay but not as someone that will package this for re-distribution. I am not too sure about the liability issues and thus I need to look at this : Common Public License Version 1.0 (CPL-1.0) License agreement required for download/beta/INIT.2008-07-24.tgz. Common Public License Version 1.0 Some concerns : The word "DISTRIBUTION" below indicates that the distributor or vendor is bound by this agreement though the act of distribution. That is hardly reasonable. One should be able to re-distribute the software. The use of the software, regardless of commercial or not, should fall under the terms of an agreement but distribution is not "use". This seems odd. Section 3 (b) (iv) refers to the term "licensees" without definition of the term. You can not bind an entity to an agreement clause without definition of the terms of the agreement. Section 3 states "Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution" and you define a "Contributor" as "any person or entity that distributes the Program." This therefore implies that a vendor or distributor ( such as Blastwave.org or Blastwave(tm) ) must identify itself as a "Contributor" through the process of distribution to Solaris users. The license is not at all clear on what you mean by "identify" and perhaps this means some metadata in a software package is required. Who knows. Section 4 paragraph 1 subparagraph (b) states : allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. This seems to be unreasonable for a vendor. Finally, the agreement is not really in the hands of AT&T but actually an IBM concern : No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. personally .. I feel less than warm and fuzzy unless it gets a GPL or CDDL on it. Please see section 3.3 and 3.5 of the CDDL which is better suited to binary distribution without a license issue : http://cvs.opensolaris.org/source/xref/ppc-dev/ppc-dev/usr/src/OPENSOLARIS.LICENSE Dennis Clarke http://www.blastwave.org/ /********************************************/ THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. 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The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 5. 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If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. 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Copyright (c) 2004 by the Open Source Initiative The preceding text a copy of the license posted at www.opensource.org on 2004-10-08.
