Re: New BK License Problem?

From: FD Cami (stilgar2k@wanadoo.fr)
Date: Sat Oct 05 2002 - 08:48:28 EST


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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
moral equivalent of burning down the library of Alexandria
to ensure the livelihood of monastic scribes."
~ - John Ippolito (Guggenheim Institute)
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