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To: gentoo-nfp@g.o
From: Roy Bamford <neddyseagoon@g.o>
Subject: Re: Fw: [gentoo-dev] License Interpretation
Date: Thu, 21 Aug 2008 13:41:35 +0100
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On 2008.08.20 20:21, Jim Ramsay wrote:

[snip]

IANAL either.
> 
> 2.5.1  You may not modify, adapt, translate or create derivative 
> works
> based upon the Software. You may not reverse engineer, decompile,
> disassemble or otherwise attempt to discover the source code of the
> Software except to the extent you may be expressly permitted to
> decompile under applicable law,

Thats jusrisdiction dependent, it says "under applicable law" - you may 
be allowed to do these things in some regions but not others. 
Presumably Gentoo did not do this anywhere and only wants to mirror the 
resulting patch.

> [if?] it is essential to do so in order to
> achieve operability of the Software with another software program, 
> and you have first requested Adobe to provide the information 
> necessary to achieve such operability and Adobe has not made such 
> information available.

Game over ... its not essential by your own admission. You have an 
alternative which you state.
[snip]

> 2) I have (and others have) asked Adobe to recompile it with support
> for libcurl.so.4 instead of libcurl.so.3, but they have not done so
> (or responded to any of these requests, as far as I am aware).
libcurl.so.4 is a nice to have.

I would liken it to the phrase "best endevours" which should never be 
used between contracting parties. It means none better. You would 
bankrupt the company to achieve the stated aim. (That has been tested 
in a UK court). "all reasonable endevours" is fine because proving that 
more could reasonably have been done is not worth the risk. 

> 
> Anyone care to weigh in, lawyer or not?
> 
> -- 
> Jim Ramsay
> Gentoo Developer (rox/fluxbox/gkrellm)
> 

I don't see any of this addressing distribution of a binary patch, 
which is fairly reasonable, as it tries to make it as legally difficult 
to create one as possible, so the possibility of distrubution does not 
occur.

Adobe must know the patch exists. Since the above does not appear to 
address the distrubution of a patch that is not supposed to exist, has 
anyone asked Adobe about distrubution of the patch ?

- -- 
Regards,

Roy Bamford
(NeddySeagoon) a member of
gentoo-ops
forum-mods
treecleaners
trustees
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Re: Fw: [gentoo-dev] License Interpretation
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-- Jim Ramsay
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