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Date:      Thu, 13 Dec 2007 03:08:33 -0600
From:      linimon@lonesome.com (Mark Linimon)
To:        Tuomo Valkonen <tuomov@iki.fi>
Cc:        freebsd-ports@freebsd.org
Subject:   Re: Ion3 removal (Re: Ion3 license violation)
Message-ID:  <20071213090833.GA15789@soaustin.net>
In-Reply-To: <slrnfm1rce.so4.tuomov@jolt.modeemi.cs.tut.fi>
References:  <20071212213200.D576216A469@hub.freebsd.org> <200712121701.57460.mi%2Bmill@aldan.algebra.com> <20071212183542.f9bf5e55.wmoran@potentialtech.com> <200712121930.46708.mi%2Bmill@aldan.algebra.com> <20071213021217.GA3535@soaustin.net> <slrnfm1ol8.mqu.tuomov@jolt.modeemi.cs.tut.fi> <20071213080139.GA14110@soaustin.net> <slrnfm1rce.so4.tuomov@jolt.modeemi.cs.tut.fi>

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On Thu, Dec 13, 2007 at 08:30:06AM +0000, Tuomo Valkonen wrote:
> The copyright holder reserves the right to refine the definition of
> significant changes on a per-case basis. 

In other words, a moving target -- which implies, to me, that to be
legally in the clear, that we would first have to vet every possible
change or modification, including patches.  This would merely add to
_your_ email/support burden, which theoretically is what you are trying
to minimize by your license terms.  This seems circular to me.

You may think the quoted text represent reasonable criteria.  But in
the case of implied threat of legal action, in my opinion, it's not worth
anyone's time to try to iterate over every possibility to find out to make
sure they -- and others, on their behalf -- aren't somehow liable.  The
risk is simply too high.

There are other window managers that don't have this restriction, and thus
no associated legal risk.  I suggest people investigate those instead.

Disclaimer: I am not a lawyer, but two semester of US business and contract
law taught me one thing: if there is any doubt as to whether something will 
create legal liability, it is absolutely incumbent on oneself to avoid it.

mcl



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