On Wed, 23 Jan 2019 10:21:25 -0800, Paul S Person
On Tue, 22 Jan 2019 21:26:21 +0000 (UTC), "Steven Levine"
Post by Steven LevineFWIW, I have always had a problem with the wording of some parts of
the Sybase license, but we were not able to get Sysbase's lawyers to
change the wording. I can only guess what they were thinking.
This brings back vague echoes of memories. And I agree with the basic
point -- that it is very very hard to see what, if anything, they had
in mind.
Post by Steven LevinePost by Paul S PersonThe Wiki http://wiki.openwatcom.org/index.php/Main_Page clearly
An Open Source license from Sybase allows free commercial and
non-commercial use of Open Watcom.
This was the intent, unfortunately, this statement conflicts with with
http://wiki.openwatcom.org/index.php/Open_Watcom_Public_License
and license.txt in the Perforce repo.
Section 1.8 clearly defines Sysbase's definition of "Personal Use" and
Section 2.1 clearly states that only "Personal Use" is licensed.
2.1 You may use, reproduce, display, perform, modify and distribute
Original Code, with or without Modifications, solely for Your internal
research and development and/or Personal Use, provided that in each
so "internal research and development" is certainly covered.
Post by Steven LevineThere is some wiggle room in that section 1.10 defines "You" and
"Your" in such as way that these terms might refer to commerical
entity. So "You," as a commercial entity, can use the source code for
"Personal Use." I will leave it to the lawyers to determine exactly
what this means.
And this section
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such instance,
You must make sure the requirements of this License are fulfilled for
the Covered Code or any portion thereof.
would seem to contemplate creation of works for distribution to
others.
Post by Steven LevineYou can definitely distribute the source code for money. See Section
6's reference to "Covered Code."
Of course, Section 6 is somewhat problematic since it refers to itself
"6. Additional Terms. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations and/or
other rights consistent with this License ("Additional Terms") to one
or more recipients of Covered Code."
"Covered Code" is "Original Code" which /can/ be the source code, or
/can/ be the compiled code. And this doesn't allow you to /sell/ it,
but rather to sell a warranty or a support contract. I suspect that
"indemity or liability obligations" means that you can, in effect,
sell insurance to your customer so that, if /they/ get sued, /you/
pay. But it is certainly not entirely clear.
You must obtain the recipient's agreement that any such Additional
Terms are offered by You alone, and You hereby agree to indemnify,
defend and hold Sybase and every Contributor harmless for any
liability incurred by or claims asserted against Sybase or such
Contributor by reason of any such Additional Terms.
although it /might/ refer to para 6, it /might/ also refer to the
warranty, service contract, insurance, whatever that you are actually
selling.
But IANAL, and so could not say what it means even if I understood it.
Post by Steven LevineBut as I mentioned, I have always had a problem with some of the
license wording.
Steven
parentheses in section 6. The point is that that reference may (or may
itself. But, then again, who can say?