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From d...@multitask.com.au
Subject Re: click through license support?
Date Tue, 18 Nov 2003 15:45:49 GMT
Nicola Ken Barozzi <nicolaken@apache.org> wrote on 19/11/2003 01:31:13 AM:

> dion@multitask.com.au wrote:
> > Nicola Ken Barozzi <nicolaken@apache.org> wrote on 15/11/2003 10:00:07 
> > 
> > 
> >>Tim Anderson wrote:
> ...
> >>>A tool can 'screen scrape' the redirected page, prompt the user
> >>>to accept the license and only download if the license is accepted,
> >>
> >>If the tool is made to work like a web browser, ie show the pages and 
> >>then download when the user clicks on the button, IMHO it would be 
> >>perfectly acceptable.
> > 
> > But still illegal.
> I still don't understand why.
> I mean, if:
>   1-  the program opens the browser on the product download page
>   2 - the user does the download steps as usual
>   3 - the program gets the downloaded artifact from the local download
>       location
> Why would we be breaking the license? The only difference between this 
> approach and the usual one is that the download location is linked.
> > We've been down this road and are working with Sun on a solution. We 
> > (had?) a tool that would do the above in Maven ages ago.
> Yes, I'm aware of that.
> > See http://maven.apache.org/sun-licensing-journey.html
> Very good that you have this page, thanks for the pointer.

For example, the JavaMail v1.3 BCL has "Supplemental License Terms" which 
state in Point 2. :

 "...Sun grants you a non-exclusive, non-transferable, limited license to 
reproduce and distribute the
Software in binary code form only, provided that (i) you distribute the 
Software complete and
unmodified and only bundled as part of, and for the sole purpose of 
running, your Java applets or
applications ("Programs"), (ii) the Programs add significant and primary 
functionality to the
Software, (iii) you do not distribute additional software intended to 
replace any component(s) of
the Software, (iv) you do not remove or alter any proprietary legends or 
notices contained in the
Software, (v) you only distribute the Software subject to a license 
agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (vi) 
you agree to defend and
indemnify Sun and its licensors from and against any damages, costs, 
liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in connection with 
any claim, lawsuit or action
by any third party that arises or results from the use or distribution of 
any and all Programs
and/or Software."

I don't think a repository for distributing jars fits the requirements for 
(i) or (ii), and may possibly break (iii).

And I don't think the ASF would like to agree to (vi).
dIon Gillard, Multitask Consulting
Blog:      http://blogs.codehaus.org/people/dion/

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