Message-ID: <3D9EEDAC.9030606@wanadoo.fr>
Date: Sat, 05 Oct 2002 15:48:28 +0200
From: FD Cami <stilgar2k@wanadoo.fr>
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To: Hans Reiser <reiser@namesys.com>
Cc: linux-kernel@vger.kernel.org, Larry McVoy <lm@bitmover.com>
Subject: Re: New BK License Problem?
References: <AD47B5CD-D7DB-11D6-A2D4-0003939E069A@mac.com> <3D9EE664.6070005@namesys.com>
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Hans Reiser wrote:
| Oh my, does this mean that if I use BitKeeper software, I am a
| participant in a conspiracy to restrain trade?
|
| Consider: I make reiser4 available by bitkeeper.  Competitor of larry
| wants to use reiser4 but can't access it because access requires
| bitkeeper.  Larry has given me an incentive to participate in
| discriminating against his competitors (free license for bitkeeper).  Am
| I legally liable and subject to criminal charges if a Clinton judge gets
| the case?
|
| Hans

Good point... Although I think it would be unfair, for example, to
be able to use BitKeeper to develop a _commercial_ product that
would compete with BitKeeper.
So, _maybe_ the license should be :

"
Notwithstanding any other terms in this License, this License is not
available to You if  You  and/or  your employer  develop,  produce,
sell,  and/or  resell a closed source (GPL, like CVS) product which
contains substantially similar capabilities  of  the BitKeeper Software,
or, in the reasonable opinion of BitMover, competes with the BitKeeper
Software.
"

But of course, who am I to decide... Larry ? ;-)

FD Cami


| tom_gall@mac.com wrote:
|
|> Greetings all,
|>
|> I noticed Larry recently changed the license on bk.  Once clause in
|> particular struck me and I thought I'd better point it out for your
|> reactions...
|>
|> Specifically from Section 3:
|>
|>        (d)  Notwithstanding any other terms in this License, this
|>             License is not available to You if  You  and/or  your
|>             employer  develop,  produce,  sell,  and/or  resell a
|>             product which contains substantially similar capabil-
|>             ities  of  the BitKeeper Software, or, in the reason-
|>             able opinion of BitMover, competes with the BitKeeper
|>             Software.
|>
|> Doesn't this affect maintainers all across the map that work for
|> distros such as RedHat, SuSE, Connectiva, etc?  Obviously these
|> distros SELL as part of their respective products CVS and similar
|> tools. Or even non-distro open source shops, you even resell CVS or
|> the like in some way and you'd be in trouble.
|>
|> While I am all for Larry having a profitable business, this would seem
|> to be a change which is not Open Source developer friendly.
|>
|> Regards,
|>
|> Tom


- ----------------------------------------------------------
~ "To disable the Internet to save EMI and Disney is the
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~              - John Ippolito (Guggenheim Institute)
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