[FASTCGI] License Issue: Request to change License

roger at bufferoverflow.ch roger at bufferoverflow.ch
Tue Jun 22 07:18:21 EDT 2010


Hi all

I have discussed that with a Lawyer and got the following answer:

The component is an associated file to the FastCGI Application library  
source code and the license terms (that allow the use copy etc. for  
any purpose) of FastCGI state that the same terms apply to all  
associated files "unless explicitly disclaimed in individual files".
The terms in the files (libfcgi/os_win32.c, libfcgi/os_unic.c,  
include/fcgios.h) state other license terms, however, they do not  
explicitly disclaim the contradicting license terms of the FastCGI  
Application. Therefore, the terms of these files are not valid from a  
legal perspective.

=> good news! just the license available on LICENSE.TERMS is valid!

Thanks & Best Regards

Roger



Quoting roger at bufferoverflow.ch:

> Hi Olexiy
>
> Ok, you think the following sentence from LICENSE.TERMS file will
> override the License Terms written in the other files.
>
> "The following terms apply to all files associated with the Software
> and Documentation unless explicitly disclaimed in individual files."
>
> That sound feasible, I will check that with a Lawyer to verify.
>
> by the way, Bill Snapper is not reachable:
> (reason: 554 5.7.1 <snapper at openmarket.com>: Recipient address
> rejected: Access denied)
>
> Thanks
>
> Roger
>
>
> Quoting Olexiy Buyanskyy <olexiyb at gmail.com>:
>
>> Hi,
>>
>> I see opposite information in LICENSE.TERMS.
>> I think that this file covers the entire package and it does not
>> mention getting
>> written permission.
>>
>> --
>> Olexiy
>>
>> On Wed, Jun 16, 2010 at 7:27 AM,  <roger at bufferoverflow.ch> wrote:
>>> Dear Bill Snapper, Dear fastcgi-maintainer & developers
>>>
>>> As already mentioned on Debian Bug report #466117 [1] the fcgi-2.4.0
>>> library contains tree files (libfcgi/os_win32.c, libfcgi/os_unic.c,
>>> include/fcgios.h) with the following license condition:
>>>
>>> ------------------------------------------------------------------
>>> *  Copyright (c) 1996 Open Market, Inc.
>>> *  All rights reserved.
>>> *
>>> *  This file contains proprietary and confidential information and
>>> *  remains the unpublished property of Open Market, Inc. Use,
>>> *  disclosure, or reproduction is prohibited except as permitted by
>>> *  express written license agreement with Open Market, Inc.
>>> *
>>> *  Bill Snapper
>>> *  snapper at openmarket.com
>>> ------------------------------------------------------------------
>>>
>>> I currently do not believe, that most of the users of that library have
>>> "written license agreement with Open Market, Inc." for using the library.
>>> Therefore it is forbidden to use that library from a legal perspective.
>>>
>>> As long as I read on Wikipedia website [2], the company Open Market Inc.
>>> does not longer exists and so from my perspective it is unclear who to
>>> copyright holder of the mentioned files is.
>>>
>>> I would encourage you to release these files under the license provided
>>> within LICENSE.TERMS file which is part of the distribution and also
>>> available on the fastcgi.com website [3].
>>>
>>> If there is no written license agreement, the alternatives for users
>>> might be using another library (e.g. http://www.nongnu.org/fastcgipp/).
>>>
>>> Could you please release these files under other license conditions?
>>>
>>> Thank you & Best Regards
>>>
>>> Roger
>>>
>>>
>>> [1] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=466117
>>> [2] http://en.wikipedia.org/wiki/OpenMarket
>>> [3] http://www.fastcgi.com/drupal/node/6?q=node/14
>>>
>>>
>>>
>>> _______________________________________________
>>> FastCGI-developers mailing list
>>> FastCGI-developers at mailman.fastcgi.com
>>> http://mailman.pins.net/mailman/listinfo.cgi/fastcgi-developers
>>>
>>
>>
>>
>
>
>
>
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