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dererk
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Since: Jan 11, 2006
Posts: 5



PostPosted: Tue Aug 07, 2007 2:12 am    Post subject: About MIRACL license
Archived from groups: linux>debian>legal (more info?)

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Hello there!

I need help about a software that's license under MIRACL license [1].
I'm talking with it's developer, but he seems not to be interested in
changing it[2].

I think it can't be even used in non-free branches Sad


Thanks in advance,




Dererk


1. http://www.shamus.ie/index.php?page=Downloads
2.
http://fish.sekure.us/forum/viewtopic.php?t=102&highlight=licence+license

- --
governor@Phatt ~$ grep -ir 'power in your hands' //proc//
/proc/version: Debian GNUine Perception

BOFH excuse #444
overflow error in /dev/null.
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Version: GnuPG v1.4.6 (GNU/Linux)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

iD8DBQFGt7sjzqYvwbbBjiQRAm1uAJ4pGYi711MAettSM8oE16RvkDKOwQCcCave
/4eP2Trn1J2cIu0nCkVqjes=
=A5gK
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Ben Finney
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Since: Jun 02, 2006
Posts: 125



PostPosted: Tue Aug 07, 2007 2:12 am    Post subject: MIRACL license text (was: About MIRACL license) [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

dererk <dererk RemoveThis @madap.com.ar> writes:

> I need help about a software that's license under MIRACL license.
> http://www.shamus.ie/index.php?page=Downloads

When asking for a discussion of a license text, please post the full
text here so the discussion and license text are both found together
in the list archives.

Here is the current text of the license at that URL:

=====

MIRACL is FREE for non-profit making, educational, or any
non-commercial use. In other words if you aren't going to make any
money out of it, we don't expect to either. Basically good
old-fashioned Shareware. Several precompiled Windows 'NT/95/98/00/XP
Command Prompt executables described below are also unconditionally
free. The user's manual and the reference manual are available on the
Documentation page.

For Linux support and other useful download information, see the
README file.

The term "commercial use" means any for-profit use of the MIRACL
library. Any commercial use of MIRACL requires a license which may be
obtained from Shamus Software Ltd. Updates are free.

* Single user license 1,000.00 Euros for first
developer/workstation.

* Per additional user 500.00 Euros

* Server license 5,000.00 Euros

Single user license : MIRACL is installed and used on one single
machine, which may not be used as a server. You can download a blank
single user license in Word format from license.doc or in postscript
form from license.ps.

Server license : MIRACL is installed and used on one server machine
and there is no limit on the number of clients.

When buying any kind of license, you have the right to install and to
develop your own programs using MIRACL. You are also allowed to sell
the binaries of your own programs that have been compiled using
MIRACL. There are no runtime royalties. All licenses are
non-exclusive. If you sell software that was developed using MIRACL,
there is no requirement to cite MIRACL. Redistributing your licensed
copy of MIRACL to a third party is not allowed. A commercial license
for the installation and use of MIRACL is always given for one
machine. Installing or copying the software to another machine is not
allowed.

To register MIRACL follow these steps (steps 1 and 2 are optional)

1. Email us and ask for a blank license to confirm the conditions
of use.

2. We send you a blank license by email.

3. You send us a Purchase Order. An order number by email is
sufficient.

4. We send you an Invoice (by email if OK with you), with our bank
account details.

5. You pay us.

6. We send you a license.

If more information is required contact mscott RemoveThis @shamus.ie .

=====

--
\ "My interest is in the future, as I am going to spend the rest |
`\ of my life there." -- Charles F. Kettering |
_o__) |
Ben Finney


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Ben Finney
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Since: Jun 02, 2006
Posts: 125



PostPosted: Tue Aug 07, 2007 2:12 am    Post subject: Re: About MIRACL license [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

Ben Finney <bignose+hates-spam@benfinney.id.au> writes:

> dererk <dererk.DeleteThis@madap.com.ar> writes:
> > I need help about a software that's license under MIRACL license.
>
> Here is the current text of the license at that URL:

General notes:

No grant of freedom to redistribute. Fails DFSG§1 and makes the work
by default non-redistributable by Debian.

No apparent way to get the source code. Fails DFSG§2.

No grant of freedom to make and redistribute derived works. Fails
DFSG§3.

> =====
>
> MIRACL is FREE for non-profit making, educational, or any
> non-commercial use.

No further grants of "use" to the work are given, so this is the limit
of license grant.

Fails DFSG §6 by restricting to specific fields of endeavour.

> In other words if you aren't going to make any money out of it, we
> don't expect to either. Basically good old-fashioned
> Shareware.

Commmentary with no apparent licensing effect.

> Several precompiled Windows 'NT/95/98/00/XP Command Prompt
> executables described below are also unconditionally free.

The text gives no definition of what "unconditionally free" means, but
this fails at least DFSG§2 since no source code is provided.

> The user's manual and the reference manual are available on the
> Documentation page.
>
> For Linux support and other useful download information, see the
> README file.

Commentary with no apparent licensing effect.

> The term "commercial use" means any for-profit use of the MIRACL
> library. Any commercial use of MIRACL requires a license which may
> be obtained from Shamus Software Ltd. Updates are free.

Whatever those extra license grant, they are irrelevant for the DFSG
because DFSG§7 requires the license be distributed to all recipients
of the work, not a select group.

> [...]
> =====

The remainder of the text discussed "purchased" licenses, that fall
outside the general grant of license.


dererk <dererk.DeleteThis@madap.com.ar> writes:

> I'm talking with it's developer, but he seems not to be interested
> in changing it[2].
> http://fish.sekure.us/forum/viewtopic.php?t=102&highlight=licence+license

The thread there expresses an "important wish" from someone posting as
"RXD". Assuming this is the copyright holder, their "important wish"
may have some legal weight; regardless of legal weight, it would be
good to at least consider such a wish.

=====
[...]
However, I have one important wish:

Keep FiSH as a pure client-to-client encryption system.

I strictly do not want any http-/java-based IRC clients to support
FiSH. This would ruin the whole purpose of IRC encryption and destroy
all the work involved.
[...]
=====

It's not clear what "support FiSH" means here for the purposes of
copyright. Whatever it means, if such a desire were to be considered a
license term then it would fail DFSG§6.

> I think it can't be even used in non-free branches Sad

It does seem to be trivially non-free, and non-redistributable.

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`\ |
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Ben Finney


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