[FASTCGI] License Issue: Request to change license

Henk Goosen henkgoosen at gmail.com
Thu Jul 1 20:00:30 EDT 2010


I read a previous thread on this topic. The conclusion was that the LICENSE.TERMS file overrides the license terms in the associated files that have this marking:
------------------------------------------------------------------
*  Copyright (c) 1996 Open Market, Inc.
*  All rights reserved.
*
*  This file contains proprietary and confidential information and
*  remains the unpublished property of Open Market, Inc. Use,
*  disclosure, or reproduction is prohibited except as permitted by
*  express written license agreement with Open Market, Inc.
*
*  Bill Snapper
*  
snapper at openmarket.com

------------------------------------------------------------------

based on the fact that this marking does not explicitly override the terms in LICENSE.TERMS. I am not sure that I buy this reasoning, and would prefer not to have to defend it if challenged by the copyright holder.

I would suggest that the maintainers replace the current license marking in the associated files with the marking in most of the other source files, that explicitly defer to the terms in LICENSE.TERMS. This probably requires getting approval from Open Market (which may no longer exist), or else legal clearance that this is allowed (perhaps under the terms explained in the earlier thread, on the basis that this marking is a contradiction?

In my opinion this would reduce the barriers to using the library, because the status quo creates some legal uncertainty, that it would be better to avoid entirely.

Thank you.
Henk Goosen


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