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Date:      Fri, 20 Jun 2003 00:48:18 -0700
From:      Terry Lambert <tlambert2@mindspring.com>
To:        chat@freebsd.org
Subject:   Re: FYI: Plan9 open sourced
Message-ID:  <3EF2BC42.D6F9D3AC@mindspring.com>
References:  <200306200530.h5K5UNPF082420@bitblocks.com>

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Bakul Shah wrote:
> Basically the new license is very similar to BSD's (close
> enough for me).  You may want to read license related threads
> on comp.os.plan9 to see what others have to say.
> 
>     http://plan9.bell-labs.com/hidden/newlicense.html
> 
> If they had done this 12 years ago, the free OS landscape
> would've been very different.

It is not clear to me that in (2)(a) "in source code and object
code form" that the "and" could not be construed to require
source distribution.

It also seems that (3)(A)(b) might be construed as "viral", but
it does not seem that it would be an offer of source.

The patent indeminification is something that most O.S. licenses
forget to touch on.

A number of the terms seem to be designed to avoid the "SCO
claims it owns everything" problem; however, they appear to
assume both that (1) all contributions are in good faith,
rather than done maliciously to contaminate the code, and (2)
that such contamination won't get into the source tree accidently,
and (3) that a commercial employee making contributions has the
right under contract with, or the explicit approval of, his or
her employer to make said contribution.

The indemnification terms for "Commercial Distributors" vs. the
controbutors will probably discourage commercial distribution,
except by companies with deep pockets, or who are willing to
accept potentially significant risk.

All in all, this is in fact freer than the BSD license, from an
other-than-commercial perspective, since they permit distribution
of derivative works under the distributors license, so long as
the conditions in (3)(A)(c)(i-iii) and (3)(B) involving additional
warrants are complied with by the distributor.

If they could clarify the specific issues noted above to mean
what they appear to intend them to mean, then this is a rather
decent license.

Worst case, it offers an alternative to the "UNIX contaminated code"
as a starting point, should it come down to that.

-- Terry



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