Christian Bartsch | Kryoflux LTD. (cb at
kryoflux.com) wrote on Tue Mar 6 02:30:32 CST
2012:
Hi Tony,
...
/ 2) Is there any truth to the comments about a
'conflict of interests' if
/>/ somebody wants to devleop both for
your device and the Diskferret?
/
Suggestions like that (the original statement, not your question here)
would you get thrown out of my house for sure. Why would any large, big,
mighty institution be hindered by us to look at a competitive product?
Why would they let us hinder them? If they could get something better
that would be completely free, why would they want to take the solution
that needs to be paid for? How could I stop them from using publically
available sources?
Christian, if there's no anti-compete clause in the license, then please
explain what exactly clauses 3.a.v and particularly 3.a.vi do.
Also, for third party/open-source IPF stuff (other than the potential
for GPL software to be used commercially, already expressly forbidden by
3.a.v), clauses 3.d.i and 3.d.ii would also seem to expressly forbid it?
3.d.ii seems to imply that it violates the license to even convert an
IPF to other formats, which makes IPF images entirely useless as a
general preservation format because of the legal minefield they're stuck in.
This is one of the most deceptive licenses I've ever read; the top
preamble implies it gives the user great freedom but instead it almost
totally locks everything they've done and can do down to "a SPS product
defined by SPS". I'm going to stay far, far away from any products
Kryoflux LTD./SPS puts out unless you seriously rethink your licensing,
since by contributing to the Discferret project I'm apparently already
in violation of it.
No wonder none of the organizations you sold your CTA analyzer to want
anything to do with Phil's product, the license expressly forbids them
from even considering it.
For reference:
2. LICENCE.
I. LICENCE for IPF SUPPORT LIBRARY
SPS hereby grants you (each licensee is addressed as "you") a
non-exclusive, non-transferable licence to use the Technology, on the
following terms and only for private, non-profit purposes (see
Section 3 below).
You may:
...
c. inspect ("understand") the source code (if provided); and
...
3.LIMITATIONS ON LICENCE.The licence grantedin Section 2 is subject
to the followingrestrictions:
a.The Technology is to be used onlyfor non-profit purposesunless
you obtain prior written consent fromSPS.Prohibited for-profit
and commercial purposesinclude, but arenot limitedto:
...
(v) Using the Technology to develop a similar application on any
platform for commercial distribution, except to the extent this
restriction is prohibited by applicable law; or
(vi) Using the Technology in any manner that is generally
competitive with a SPS product as defined by SPS, except to the
extent this restriction is prohibited by applicable law.
...
d. You may not modify, combine commercial applications with the
Technology. You may not prepare derivative works of the Technology,
except to the extent this restriction is prohibited by applicable law.
Derivative works are defined as but not limited to:
(i) Alternative support libraries. We are open to porting to other
platforms, and so third parties doing such is unnecessary and
violates the terms of this licence. If you want to port the
library, please contact us. We will host it on our site and ensure
that only the latest version is being distributed.
(ii) Alternative tools that operate on files of the format as
defined by the Technology. This includes but is not limited to:
mastering tools(tools that enable Content to be written back to
physical media like a floppy disk). Reproducing Content provided
through or by the Technology to any other kind of media, such as
alternative content provider technology(this also covers any kind
of converter with the intention of extracting the Content to held
by any other alternate media format that represents the same
independently working Content). Additions, removals or other
modification of data contained by the images.
...
To anyone who wants to read further, the license text can be seen in
full as "LICENCE.txt" in the "Download the latest software" archives
at
http://www.kryoflux.com/
--
Jonathan Gevaryahu AKA Lord Nightmare
jgevaryahu at
gmail.com
jgevaryahu at
hotmail.com