Sublicensing

Joshua 'Schwa' Gargus schwa at cc.gatech.edu
Fri Aug 15 15:29:47 UTC 2003


On Fri, Aug 15, 2003 at 02:26:25PM +0300, Daniel Vainsencher wrote:
> IANAL, but - when the copyright owner gives you the right to sublicense
> something, that means that you can publish it with an alternate license,
> replacing the existing license. He may impose limitations on this new
> license, as SqueakL does (the "no less protective" language).

Thanks Daniel, that's pretty much what I thought.  My confusion is
because, given that the above is a corret definition of sublicensing,
it seems like it should not be difficult to replace the Squeak license
with (say) the MIT license (except for, perhaps, the export clause).
Of course IANAL either.

"You may distribute and sublicense such Modified Software only under
the terms of a valid, binding license that makes no representations or
warranties on behalf of Apple, and is no less protective of Apple and
Apple's rights than this License."

As a half-measure to get Squeak into Debian (since, as I understand
it, their main concern is their own liability), references to Apple
could be replaced by "the Distributor", with Distributor being defined
as "Apple Computer, or any party who has received and later
distributes the Software or Modified Software according to the terms
of the license".

This would not remove the problem with the export clause, so Squeak
could not go in Debian-free, but should provide enough protection 
to the Debians that they would be able to put it in Debian-nonfree.

I have no idea at all whether the pros of this approach outweigh the
cons.  Indeed, I have no idea what the cons are ;-)

Joshua


> 
> Daniel
> 
> Joshua 'Schwa' Gargus <schwa at cc.gatech.edu> wrote:
> > In general, I feel I have a decent understanding of licensing issues, but
> > one thing I do not grok at all is sublicensing.  Perhaps a simple example
> > could help me understand.  
> > 
> > If Squeak were sublicensed under a different license, would the Apple
> > license still appear, in addition to the sublicensed license?  Or
> > would the Apple license be replaced?  What would a future user of Squeak
> > (after the sublicensing takes place) see when they start poking around
> > for the license?
> > 
> > Thanks,
> > Joshua



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