Subject: Re: Definition of open source
From: Rick Moen <rick@linuxmafia.com>
Date: Sun, 7 Nov 2004 14:02:04 -0800

 Sun, 7 Nov 2004 14:02:04 -0800
Quoting James Harrell (jharrell@copernicusllc.com):
                                ^^^^^^^^^^^^^^^^^

> Unfortunately I doubt that the OS Definition is up for debate or
> revision. OS is like religion and politics <grin>. Every side is
> "right" because it is a belief and point of view, not a science. So
> perhaps the time has come to for a collaborative new organization for
> Commercial Open Source?

On reflection:

I smell a second rat in this conversation, and its name is Copernicus
Business Systems, LLC, http://www.copernicusllc.com/  Here is what this
company, of which Mr. Harrell turns out to be CEO and VP of Operations,
deceptively proclaims on http://www.copernicusllc.com/products/source/
to be an "open source" licence.  (This is the LICENSE.txt from the Oct.
13, 2004 release of the Miva Script Binary Utilities package.)

So, Mr. Harrell, your firm aspires to the same parasitic relationship to
genuine open source that Mr. Rihm's does, eh?




			CORPORATE END USER LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING
THE SOFTWARE.  USE OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
 COPERNICUS BUSINESS SYSTEMS, LLC ("LICENSOR") IS WILLING TO LICENSE THE SOFTWARE TO
YOU ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, ERASE ALL COPIES OF THE SOFTWARE, DOCUMENTATION
AND ALL OTHER COMPONENTS OF THE SOFTWARE FROM YOUR COMPUTERíS MEMORY AND CERTIFY TO
LICENSOR THAT YOU HAVE DONE SO WITHIN SEVEN (7) DAYS OF DOWNLOADING THE SOFTWARE.  


1.  Grant of License.  Licensor hereby grants to you ("Customer") a non-exclusive, non-transferable
license to use the Software solely in accordance with the terms of this Agreement. 
For the purposes of this Agreement, "Software" means the software programs and documentation
accompanying this Agreement and any online documentation. This Agreement permits Customer
to compile and use one copy of the Software.  Customer may make one copy of the Software
for archival and backup purposes.  Customer must reproduce and include any copyright
and trademark notices, legends and logos on each copy of the Software or diskettes made
by Customer. The Software is protected by copyright laws and international copyright
treaties and other laws regarding trade secrets and other intellectual property rights.
  Title and full ownership rights to  the Software and any and all copies of the Software
remain with Licensor.


2.  Use of Software.  The Software may be used only for, by, and on behalf of Customer.
 Customer may not transfer any of its rights hereunder. 
IN NO EVENT MAY CUSTOMER TRANSFER THE SOFTWARE TO ANY PERSON, ENTITY OR OTHER END USER
IN VIOLATION OF APPLICABLE U.S. EXPORT LAW, INCLUDING, BUT NOT LIMITED TO, ANY TRANSFER
FOR USE OUTSIDE THE COUNTRY IN WHICH IT WAS ORIGINALLY LICENSED.


3.  Term and Termination.  This Agreement may be terminated by mutual consent, or by
election of either Customer or Licensor in case of the otherís unremedied material breach.
 In case of any termination of this Agreement, Customer will immediately return to Licensor
all the Software components that Customer has obtained from Licensor and any copies
in Customerís possession, and will certify in writing that all such components and all
copies of the Software have been returned or destroyed, and all copies erased from the
memory of Customerís computers.


4.  Disclaimer of Warranties.  

4.1	Licensor does not warrant that the functions contained in the Software will meet
Customerís requirements or that the operation of the Software will be error free. The
Software is licensed on an "AS IS" basis.  The entire risk as to the quality and performance
of the Software is solely with Customer.

4.2	NO OTHER WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY
NOT APPLY TO YOU.

4.3	YOU UNDERSTAND THAT THE SOFTWARE WAS DESIGNED TO SUPPLEMENT SOFTWARE AND/OR OTHER
PRODUCTS PRODUCED AND/OR PROVIDED BY MIVA CORPORATION AND MYSQL AB.  LICENSOR DOES NOT
ENDORSE AND IS NOT AFFILIATED WITH MIVA CORPORATION OR MYSQL AB, AND DOES NOT CONTROL
MIVA OR MYSQL PRODUCTS.  LICENSOR IS NOT RESPONSIBLE OR LIABLE FOR ANY UPGRADES, UPDATES,
ENHANCEMENTS OR FUTURE RELEASES OF MIVA CORPORATION OR MYSQL AB SOFTWARE OR PRODUCTS
THAT MAY BE INCOMPATIBLE WITH THE SOFTWARE OR RENDER THE SOFTWARE INEFFECTIVE.  LICENSOR
DOES NOT WARRANT THAT THE SOFTWARE WILL WORK EFFECTIVELY WITH ANY UPGRADES, UPDATES,
ENHANCEMENTS OR FUTURE RELEASES OF MIVA CORPORATION OR MYSQL AB SOFTWARE OR OTHER PRODUCTS.



5.  Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL LICENSOR BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER CUSTOMER OR A THIRD PARTY AGAINST CUSTOMER
(INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS, BUSINESS
INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES FOR ANY
CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) IN EXCESS OF THE AMOUNT
PAID TO LICENSOR BY CUSTOMER FOR USE OF THE SOFTWARE.  SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


6.  Other Restrictions and Limitations.  Customer agrees that (1) it will not copy the
Software except as permitted in Section 1; (2) it will not reproduce, deactivate, or
bypass any security device supplied with the Software; (3) it will preserve and respect
Licensorís copyright and the notice of copyright included in the Software; (4) the Software
contains information which is confidential and proprietary to Licensor, and Customer
will not disclose or transfer or otherwise provide to any third party all or any part
of the Software without the express written consent of Licensor; (5) it will not disassemble,
reverse compile or reverse engineer the Software or any portion thereof or otherwise
attempt to discover the source code or structural framework of the Software; (6) it
will not rent or lease the Software; and (7) it will not modify the Software.


7.  Breach.  Customer will be deemed to be in breach of this Agreement if Customer violates
any covenants or obligations imposed on it under this Agreement.


8.  License by U.S. Government. The Software is provided with RESTRICTED RIGHTS.  Use,
duplication, or disclosure by the U.S. Government is subject to restrictions set forth
in 48 CFR 52.227-14 (g)(3)(ii) as applicable.  Contractor/Manufacturer is Copernicus
Business Systems, LLC, 167 Maribeau Square, Atlanta, GA 30327.


9.  General Terms and Conditions.  The terms and conditions of any purchase order or
other ordering document issued by Customer in connection with this Agreement which are
in addition to or inconsistent with the terms and conditions of this Agreement shall
not be binding on Licensor and shall not be deemed to modify this Agreement. This Agreement
constitutes and expresses the entire agreement and understanding between the parties
in reference to all matters referred to herein and any and all previous agreements,
discussions, promises, representations, and understandings between the parties relative
thereto are merged herein and superceded hereby.  The remedies provided in Section 3
shall be cumulative and additional to any other remedies in law or equity which Licensor
may have.  This Agreement shall be governed by the laws of the State of Georgia and
shall inure to the benefit of Licensor, its successors, and assigns.  The sole jurisdiction
and venue for any litigation arising out of this Agreement shall be an appropriate federal
court in the Northern District of Georgia or a state court located in the Northern District
of Georgia. Customer hereby consents to personal jurisdiction in such courts. Sections
4, 5, 6, 8 and 9 shall survive any termination of this Agreement.  All rights not specifically
granted herein are reserved by Licensor.