On Sunday 28 September 2008, Carlos E. R. wrote:
On Saturday 2008-09-27 at 21:28 -0500, Rajko M. wrote:
Your use case is what is meant with *re*distributable. There are a few (maybe 3 to 5 of several thousand) packages on DVD like Adobe stuff and MP3 decoder that are not allowed to be redistributed and hence strictly adhered do not allow *you, mirrors or merchants* to make copies of the DVD.
From EULA
You may make and use unlimited copies of the Software for Your distribution and use within Your Organization.
Yes, but it continues:
] With respect to any version containing the letters "OSS" in ] the product name (with the exception of those versions containing the ] letters "NON-OSS" in their product names), whereby the product name is ] defined in the file "content" in the uppermost directory of the product,
by now I'm lost again, with so many "name" and exceptions and wherebys. And that is exactly is one main goal - getting the EULA understandable and much easier to read as we mostly dealing with users with limited legal back round. M
Why do I have to look if the letters OSS or non-oss are in so many places? Just tell me straight away what I can do with this whole dvd I have in my hands. In clear English words not written in legalese. My first language is not English.
You may make and distribute unlimited copies of the Software outside Your organization provided that: 1) You receive no consideration [1]; and, 2) you do not bundle or combine the Software with another offering (e.g., software, hardware, or service).
This paragraph is not in my DVD.
I have:
] ... in the uppermost directory of the product, You may make and ] distribute unlimited copies of the Software outside Your organization. ] You may make and distribute unlimited modified copies outside Your ] organization provided You remove all Novell trademarks, trade dress,
What on earth trade dress? No, I'm not going to use a dictionary. Assume I'm installing and thus, no browser is running.
] and logos from each modified copy of the Software. The term ] "Organization" means a legal entity, excluding subsidiaries and ] affiliates with a separate existence for tax purposes or for legal ] personality purposes. An example of an Organization in the private ] sector would be a corporation, partnership, or trust, excluding any ] subsidiaries or affiliates of the organization with a separate tax ] identification number or company registration number. In the public ] sector, an example of Organization would be a specific government body ] or local government authority.
They lost me.
You could consider re-writing the EULA with a FAQ so that people understand it. I don't. Not you personally, I mean, but the lawyers at your company.
(I remember the original Borland license in the eighties... it was really easy to understand what we could or could not do.).
Once upon a time there was a world where everyone could understand contracts.
Yagh. Very true. Software was young then.
Actually in that world software was modular and you would be able to take it apart and assemble the way you want, replacing original parts with performance components from aftermarket.
Assembling... hear, this is in my EULA of my 11.0 DVD:
] Novell reserves all rights not expressly granted to You. You may not: ] (1) reverse engineer, decompile, or disassemble the Software except and ] only to the extent it is expressly permitted by applicable law or the ] license terms accompanying a component of the Software; or (2) transfer ] the Software or Your license rights under this Agreement, in whole or in ] part.
Wasn't this open source and free? Why can't I decompile? Maybe because I have the source code :-?
I'm lost.
[1] WordNet: consideration 5: a fee charged in advance to retain the services of someone [syn: {retainer}]
I'm Spanish. I have a fairly good knowledge of English, I think. But that meaning of "consideration" is new for me, I learnt of it on these lists a year ago or so when discussing the Eula. In fact, I can say that the EULA is completely void if not written in my language (Spanish) and is read and signed before buying, as any contract.
I can act in good faith and try to read the Eula, but I will certainly abandon reading as soon as I find legalese terms I don't understand. And of course, many will not even try to read it and just click continue.
That text may be fine for lawyers, but I'm a private person with limited assets and I can't hire a lawyer to explain it to me - provided I can find one that reads English legalese!
-- Cheers, Carlos E. R.
-- Michael Löffler, Product Management SUSE LINUX Products GmbH - Nürnberg - AG Nürnberg - HRB 16746 - GF: Markus Rex -- To unsubscribe, e-mail: opensuse-factory+unsubscribe@opensuse.org For additional commands, e-mail: opensuse-factory+help@opensuse.org