Subject: Re: agreement to comply
From: bruce@perens.com
Date: 10 Sep 1999 20:40:19 -0000

From: Ken Arromdee <arromdee@rahul.net>
> But the author could always agree not to prosecute such breaches.
> That would make the breaches only affect the recipient, and not the
> distributor.

When a licensor contradicts himself in this way, it puts the enforceability
of the entire license in question, and also makes people reluctant to accept
the license because of an ambiguity which might eventually have to be
resolved up in court. Besides, why contradict yourself when you can write your
license so that no contradiction is necessary?

In this case, the distributor _should_ be responsible to convey the license
file to all to whom he distributes the source code, on the same medium, in a
well-known place on the medium where they are likely to read it. That's all.

Those to whom the license file is conveyed then have a responsibility to
examine it before they make use of the source code, and to refrain from
making use of the source code if they don't accept the license.

	Thanks

	Bruce