Re: is this free?

[Raul Miller <moth@debian.org>]

On Mon, Nov 22, 1999 at 11:20:43AM -0800, Joey Hess wrote:
> This license is said to be OSI certified Open Source, but I'd like a second
> opinion. It's too much legalese for me to deal with this morning: 
> 
> http://www.research.att.com/sw/tools/graphviz/license/

By accessing and using the
   Source Code
   , you accept this Agreement in its entirety and agree to only use the
   Source Code in accordance with the following terms and conditions. If
   you do not wish to be bound by these terms and conditions, do not
   access or use the Source Code.
    1. YOUR REPRESENTATIONS
...
   e. You will regularly monitor the Website for any notices.


This is dubious, legally -- if you own a legal copy you have the right to
use it.  And there's no mention here of any interval (how often should
someone with no net access, who bought a cdrom, check the web site?).
Anyways, we can't guarantee any particular regular monitoring on the
part of everyone.


Also, 1.d. seems a little vague.  What are "the rights of any person
or entity" that I'm supposed to not infringe?  Constitutional rights?
Civil rights?  Natural rights?  Intellectual Property Rights?  Note also
the paragraph defining AT&T Patent Claims which discusses at&t patents
which "are necessarily and unavoidably infringed by the use of the
functionality of the Source Code."


Finally, consider

    4. You acknowledge that the Source Code and Capsule may be subject to
       U.S. export laws and regulations, and, accordingly, you hereby
       assure AT&T that you will not, directly or indirectly, violate any
       applicable U.S. laws and regulations.


I'm uncomfortable of the consequences of this for non-us citizens not
interacting with the u.s.  Especially, in conjunction with the following
two sections (5 revokes any rights if you don't follow the agreement, while
6 is an otherwise fairly innocous statement that the laws of the state
of new york, and any law suits will be held their).

-- 
Raul