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Martin Schröder wrote:
2009/4/14, KHMan <...>:Miles Bader wrote:KHMan <...> writes:[snip snip]It is in context of how the "commercialization intent" is handled. Let us disregard for a moment that I agree open licenses is the most beneficial to all in the case of such libraries.This is not what the tarball says. The distribution is the tarball -I think we can (legally) disregard any statemnts elsewhere. [snip snip]
:-) :-) If you think the above, well... I prefer to err on the side of caution. In a nutshell, my argument is that I cannot simply dismiss a clear assertion of policy on an up-to-date web page of the library package in question. Therefore, I cannot make definitive conclusions about its licensing using only the COPYING file alone (which you point out is not explicitly tied to the sources using the usual copyright declaration comment blocks.)
Or, put it like this: I think we cannot download the package without going to that page. That page has clear licensing policy assertions. Is it like click-wrap licensing? That would be for a judge to decide. Does the unmarked sources mean that we cannot disregard licensing policy other than what is stated in the COPYING file? Did the authors assert that the text of COPYING represents the licensing policy of the source code? Well, nothing is clear, except that to solve this, we'd have to clarify the whole thing with the authors.
I partly agree with the scenario Miles mentioned. Remember, it could be that the license was changed from some-restrictions to BSD, and the website was not updated. But it could also be that the license was changed from BSD to some-restrictions and the authors did not update the package to reflect new organization policy, thus leaving the ambiguity hanging out there.
Of course, all of this could be solved by a simple query. But given the information presented thus far, the status of the library is far from clear. I've said too much already, so I'll leave this thread to others.
-- Cheers, Kein-Hong Man (esq.) Kuala Lumpur, Malaysia