[Bug 458974] Review Request: OpenCASCADE - The OpenCASCADE framework

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https://bugzilla.redhat.com/show_bug.cgi?id=458974





--- Comment #10 from Tom "spot" Callaway <tcallawa at redhat.com>  2009-07-28 09:59:20 EDT ---
Even without the preamble, the OCTPL is non-free for the reasons listed in the
thread link in Comment #9:

Section 7 says:

You may choose to offer, *on a non-exclusive basis*, and to charge a
fee for any warranty, support, maintenance, liability obligations or
other rights consistent with the scope of this License with respect to
the Software to the recipients of the Software ....

Except for the part delimited in asterisks, this would be free
though annoying. But limiting this permission to "a non-exclusive
basis" is bizarre. Why can't someone choose to offer support exclusively to
customer A but not any other customer? A fair number of FOSS licenses
have these upstream indemnification clauses, but we don't think we've
ever seen one limited to "non-exclusive" offerings of support and so
forth.

Moreover, if you read sections 6 and 7 together, you get the sense that
they're taking "may choose to offer" in a very literal sense, implying
that 'you only have the following very limited permission to offer
services surrounding the software' --
contrast that with, say, GPLv2 which says "you may at your option offer
warranty protection in exchange for a fee" -- this is intended to
clarify what ought to be obvious. In other words, in OpenCASCADE any
sort of services offering relating to the software is, in their view, a
forbidden 'additional term' unless it's covered under section 7.

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