Jean did not
use "the technology". He got the information from us
and never signed an agreement, NDA or whatever.
The licence I read (on the
Kryoflux website llast week, probably in
the PC distribution) seemed to define 'Technology' as includign the
documentation. And I feel that this could well include the file
format.
So, _if you use that distribution_ - ie, if you get a copy under that
license - then it is, or at least may be, restricted.
But a copyright holder may release the same information under multiple
licenses, and that appears to be what happened here (with the license
on the copy released to Jean being an informal and very liberal one).
This sort of release of information under an alternative license with
few-to-no restrictions is unusual in computers, but that's largely
because people who want to release information under liberal terms
usually do so from the start. KryoFlux is unusual (very pleasantly
unusual, to me, but still unusual) in that they are liberalizing,
rather than restricting, their license terms as time goes on.
As far as copyright law is concerned, my (lay, not lawyer!)
understanding is that you can do the sort of things you want to do just
fine, provided you get the information via Jean's copy rather than the
one that travels under the SPS license.
I accept it's not your intetnion to limit the file
format in this
way, but I think the licence needs work...
Yes, and cb@ has said elsewhere in this thread that the license will be
brought into better agreement with their intentions soon. That's good
to hear, because I've been seeing a lot of dissonance between the
license terms and KryoFlux's attitude (to be pedantic, their attitude
as described in cb's posts); I'm glad it's the license that will be
changing.
In any case there are many things I can download and
read on your
website that I can't just use as I like. You licnese specifically
prohibts me from revers-engineerign the program, it prevents me using
any part of in in a competing product, and so on. I do not have to
sign any agreenment or NDA to get that material either.
True. But you also do not have to agree to that license. You then
have no right to do anything with the copy of the data traveling under
that license, but the same data traveling under a more liberal license
is, well, under a more liberal license. (I would not blame you a bit
if this made no sense to you. Most of copyright law makes little-to-no
sense to me.) The only case where I would see any legal issue would be
if someone took the restricted version, replaced the license terms
without approval of the copyright holder, and started distributing the
result. Even then, absent reason for the law's "reasonable man" to
suspect this is what had happened, I am inclined to doubt that most
jurisdictions would hit good-faith recipients with anything worse than
a "stop doing that" order. And, in any case, I see no reason to think
that's happened here - quite the opposite, in fact.
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