[sldev] [Fwd: TOS Problems]

Mathew Frank mathew at lifeart.net.au
Mon Feb 5 12:51:44 PST 2007


Thanks, Jason. 

This is a big concern most (all?) of us who are aware of it - either 
directly, or due to the impact of potentially deep-sixing work on the 
GPL view project itself.  I look forward to this being cleared up.

Cheers,
Mathew

Jason Giglio wrote:
> Here is the letter I sent to Ginsu after the conversation on IRC where 
> several developers voiced concerns about the TOS rendering the GPL 
> ineffective.
>
> I decided to post it publicly here so we can get this out in the open.
>
>
> __________ NOD32 2038 (20070205) Information __________
>
> This message was checked by NOD32 antivirus system.
> http://www.eset.com
>
>
> ------------------------------------------------------------------------
>
> Subject:
> TOS Problems
> From:
> Jason Giglio <gigstaggart at gmail.com>
> Date:
> Sun, 04 Feb 2007 20:03:56 -0500
> To:
> ginsu at lindenlab.com
>
> To:
> ginsu at lindenlab.com
>
>
> Hello,
>
> There are some problems with the TOS.
>
> "Further, you may use and modify the source code for the Viewer as 
> permitted by any open source license agreement under which Linden Lab 
> distributes such Viewer source code."
>
> You forgot to allow distribution.  This would be better:
>
> "Further, you may use, modify, and distribute the source code for the 
> Viewer as permitted by any open source license agreement under which 
> Linden Lab distributes such Viewer source code."
>
> Of course, the GPL allows selling the software, so you might need to 
> revise the portion forbidding anyone from charging for access.
>
> Several open source developers (including myself) have a problem with 
> this clause:
>
> "Linden Lab is not obligated to allow access to the Servers by any 
> software that is not provided by Linden Lab, and you agree to cease 
> using, creating, distributing or providing any such software at the 
> request of Linden Lab."
>
> Their primary concern is that this clause is so broad that it renders 
> the GPL ineffective.
>
> My primary concern with it is that it makes it impossible to enter 
> into a contract to develop viewer-like functionality.
>
> If Party A contracts me to write interactive agent software, or other 
> software that does functions similar to the viewer, and I agree to 
> provide it, LL can compel me to violate my contract with Party A.  
> This is an unacceptable risk.
>
> Thanks,
> Jason
>
> ------------------------------------------------------------------------
>
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