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    SubjectRe: New BK License Problem?
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    On Friday, October 4, 2002, at 04:08 PM, Larry McVoy wrote:

    >> (d) Notwithstanding any other terms in this License, this
    >> License is not available to You if You and/or your
    >> employer develop, produce, sell, and/or resell a
    >> product which contains substantially similar capabil-
    >> ities of the BitKeeper Software, or, in the reason-
    >> able opinion of BitMover, competes with the BitKeeper
    >> Software.
    >>
    >> Doesn't this affect maintainers all across the map that work for
    >> distros such as RedHat, SuSE, Connectiva, etc? Obviously these
    >> distros
    >> SELL as part of their respective products CVS and similar tools. Or
    >> even non-distro open source shops, you even resell CVS or the like in
    >> some way and you'd be in trouble.
    >
    > Distributions do not *SELL* CVS, they distribute CVS.

    Of course they sell CVS. I give them money, they give me a CD, that CD
    has CVS on it.

    If I have a support contract with that distro and CVS breaks they will
    fix it.

    I don't doubt if I went to the various distros with money in hand for
    extra features for CVS they would put them in.

    > We choose those
    > words with care for exactly that reason. All the clause is saying is
    > that if you are a competitor you don't get to use our product for free.
    > That it, in our opinion, a perfectly reasonable position to take.

    Yeah I understand what your intent is and I'm not flaming you. I have a
    problem with the wording in that claus. Unfortunately you're not a
    lawyer so your stated intent means little, it's the language in the
    license that has meaning.

    Regards,

    Tom

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