ietf-mxcomp
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RE: Obstacles between us and the finish line

2004-07-15 14:27:34

On Wednesday, July 14, 2004 9:43 PM (close enough to midnight), wayne
wrote:

I have every reason to believe that folks like Harry, Jim and 
Bob have the best of intentions to try and get a license that 
is acceptable to all parties.  

Thank you, Wayne.

My layman reading of the Caller-ID license raises the following
issues:

1) In Section 2.1, the license granted by MS is nontransferable and
   non-sublicensable.  So, it is my understanding that if I create a
   hunk of software that implements SenderID, I must license it.  Now,
   if I upload this hunk of code to sourceforge and source forge
   starts to distribute it, do they have to go get a license also?
   What about all the linux/*BSD distributions, will each of them have
   to obtain a license if they bundle my code?  Does each ftp server
   that mirrors one of these distribution have to get a license?

   These kinds of issues are not as much of a problem for commercial
   products since there would be contracts and such saying that these
   folks are acting as my agent and that these other distributers
   aren't creating a new product.  However, in the open-source world,
   I would expect many of these distributers to change the code, fix
   bugs, or add features.

2) In Section 2.2, the Caller-ID license requires *adding* a term to
   the existing licenses.  Sorry, but I don't think anyone is going to
   want to change the BSD or GPL.  

3) In Section 6.3, in order to obtain a license, I must either use
   certified snail mail, or a fax machine to request a license.  I
   don't have a fax machine, so I'm stuck trying to send certified
   mail and waiting for a reply.  So, if you find a bug in my
   open-source implementation of SenderID, you can't just fix it and
   put a new version up on your ftp site, you have to go running
   around getting licenses and wait until you get a response back from
   MS.

These are good questions.  I've added them to the list I'm working on
with our attorneys.