Subject: Re: For Approval: mindmason license (MML)
From: "Forrest J. Cavalier III" <mibsoft@mibsoftware.com>
Date: Thu, 02 Sep 2004 11:06:10 -0400

Stephan Meyer wrote:

> a) I'd like to be notified when someone creates a modification of the 
> program. So I put in a duty of Licensee to do so (section 3 III, 3rd 
> sentence).

I like some of your phrasing. But I do not think this license follows
the OSD.

I see your 2 III as being in conflict with the OSD on its face.
   "Licensee is not entitled to grant rights pertaining to the Program to third persons.
"

Also, there are other issues....

A requirement to notify any specific party of modifications has been discussed for
other licenses to be in conflict with the OSD.  One reason is that if the specific
party no longer exists, the rights to the license must survive.

Contract-based "licenses" can be problem with open-source.  For example,
who has the authority to enforce a license violation three layers of distribution
away from the author?

Contracts formed on "use" of the software are dubious.  U.S. copyright
law expressly permits using a legally obtained copy of computer program
(and even certain modifications to it) without a license.