On Wed, 23 Jan 2019 10:21:25 -0800, Paul S Person
>On Tue, 22 Jan 2019 21:26:21 +0000 (UTC), "Steven Levine"
>>FWIW, I have always had a problem with the wording of some parts of
>>the Sybase license, but we were not able to get Sysbase's lawyers to
>>change the wording. I can only guess what they were thinking.
>This brings back vague echoes of memories. And I agree with the basic
>point -- that it is very very hard to see what, if anything, they had
>2.1 You may use, reproduce, display, perform, modify and distribute
>Original Code, with or without Modifications, solely for Your internal
>research and development and/or Personal Use, provided that in each
>so "internal research and development" is certainly covered.
>>There is some wiggle room in that section 1.10 defines "You" and
>>"Your" in such as way that these terms might refer to commerical
>>entity. So "You," as a commercial entity, can use the source code for
>>"Personal Use." I will leave it to the lawyers to determine exactly
>>what this means.
>And this section
>4. Larger Works. You may create a Larger Work by combining Covered
>Code with other code not governed by the terms of this License and
>distribute the Larger Work as a single product. In each such instance,
>You must make sure the requirements of this License are fulfilled for
>the Covered Code or any portion thereof.
>would seem to contemplate creation of works for distribution to
>>You can definitely distribute the source code for money. See Section
>>6's reference to "Covered Code."
>>Of course, Section 6 is somewhat problematic since it refers to itself
>>"6. Additional Terms. You may choose to offer, and to charge a fee
>>for, warranty, support, indemnity or liability obligations and/or
>>other rights consistent with this License ("Additional Terms") to one
>>or more recipients of Covered Code."
>"Covered Code" is "Original Code" which /can/ be the source code, or
>/can/ be the compiled code. And this doesn't allow you to /sell/ it,
>but rather to sell a warranty or a support contract. I suspect that
>"indemity or liability obligations" means that you can, in effect,
>sell insurance to your customer so that, if /they/ get sued, /you/
>pay. But it is certainly not entirely clear.
>And then there is the end of 6:
>You must obtain the recipient's agreement that any such Additional
>Terms are offered by You alone, and You hereby agree to indemnify,
>defend and hold Sybase and every Contributor harmless for any
>liability incurred by or claims asserted against Sybase or such
>Contributor by reason of any such Additional Terms.
>which suggests that "Additional Terms" is, /itself/, ambiguous:
>although it /might/ refer to para 6, it /might/ also refer to the
>warranty, service contract, insurance, whatever that you are actually
>But IANAL, and so could not say what it means even if I understood it.
>>But as I mentioned, I have always had a problem with some of the
Sorry for this:
I sent the message while trying to note that my reference to
"Additional Terms" was to the first time it appears in quotes and
parentheses in section 6. The point is that that reference may (or may
not) be /defining/ "Additional Terms" to mean terms imposed on
customers by people using Open Watcom rather that this paragraph
itself. But, then again, who can say?