Re: New BK License Problem?

[Hans Reiser]

Oh my, does this mean that if I use BitKeeper software, I am a 
participant in a conspiracy to restrain trade?

Consider: I make reiser4 available by bitkeeper.  Competitor of larry 
wants to use reiser4 but can't access it because access requires 
bitkeeper.  Larry has given me an incentive to participate in 
discriminating against his competitors (free license for bitkeeper).  Am 
I legally liable and subject to criminal charges if a Clinton judge gets 
the case?

Hans

[e-mail] wrote:

> Greetings all,
>
> I noticed Larry recently changed the license on bk.  Once clause in 
> particular struck me and I thought I'd better point it out for your 
> reactions...
>
> Specifically from Section 3:
>
>        (d)  Notwithstanding any other terms in this License, this
>             License is not available to You if  You  and/or  your
>             employer  develop,  produce,  sell,  and/or  resell a
>             product which contains substantially similar capabil-
>             ities  of  the BitKeeper Software, or, in the reason-
>             able opinion of BitMover, competes with the BitKeeper
>             Software.
>
> Doesn't this affect maintainers all across the map that work for 
> distros such as RedHat, SuSE, Connectiva, etc?  Obviously these 
> distros SELL as part of their respective products CVS and similar 
> tools. Or even non-distro open source shops, you even resell CVS or 
> the like in some way and you'd be in trouble.
>
> While I am all for Larry having a profitable business, this would seem 
> to be a change which is not Open Source developer friendly.
>
> Regards,
>
> Tom
>
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