Re: OpenTCP/http_server.c

Seymour David wrote:

> Put me down for a free beer please ;-)
>	:

Interestingly, my spam filter classified this email as spam. I does "not 
do" legalese ;o)

> I got clarity from the factory:

Clarity?? You must be kidding. Sorry, but I side with my spam filter. 
Not being a lawyer, this license seems to be a bale of contradictions.

> 		.. We just can't let customers
> repost the code because the license we have with interniche doesn't
> allow the  "customer" to have redistribute capability."

Clause (4) allows [re] distribution

> FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT  
>  	:
> LICENSE GRANT.  Freescale grants to you, free of charge, the
> non-exclusive, non-transferable right 
> 	:
> (4) to distribute the Software and derivative works thereof in
> source (human-readable) form and object (machine readable) form,
> and (5) to  sublicense to others the right to use the distributed
> Software.

Is "non-transferable right" to "distribute" and "sublicense" not an 
oxymoron?

> 	:
> COPYRIGHT.  The Software is licensed to you, not sold. Freescale owns
> the Software, 
> 	:
> Therefore, you must treat the Software like any other copyrighted
> material (e.g. a book or musical recording).

Yet, (2) allows me to reproduce, (3) to prepare derivative works (a.k.a. 
modify), (4), to distribute and (5) to sublicense.

I fail to see the book or music analogy.

> You may not use or copy the Software for any other
> purpose than what is described in this Agreement.

Yet clauses (1) to (5) give so much latitude that it is not at all clear 
what one is NOT allowed to do with the s/w.

> 	:
> copyrights, trademarks, or trade secrets. Additionally, you must
> reproduce and apply any copyright or other proprietary rights notices
> included on or embedded in the Software to any copies or derivative works
> made thereof, in whole or in part, if any.  

When I distribute (clause 4) with the license plastered over all the 
code, am I not transferring the license?

Dreaming in Techicolor, why can Freescale not have a simple, clear GPL 
like license, FPL, which would be like GPL, but only to be used on 
Freescale products?

Forgive my frustration with this license. The word "obfuscation" comes 
to mind, rather than clarity.

Bob Furber


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> If you read it all then I owe you a free beer!
> 
> Regards, 
> David 
> 
> David E Seymour
> Come to FTF 2008 June 16th through the 19th in Orlando
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> http://www.freescale.com/ftf 
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> 
> -----Original Message-----
> From: [email protected] [mailto:[email protected]]
> On Behalf Of David Brown
> Sent: Tuesday, June 10, 2008 3:41 PM
> To: Seymour David
> Subject: Re: [ColdFire] OpenTCP/http_server.c
> 
> Seymour David wrote:
>> Hi Bob,
>> FSL had freely licensed the OpenTCP for NE64 and MCF5282 but as I
>> mentioned before the resource at Viola left and the company decided to
>> pull it.  So FSL wanted an open source approach.  The ColdFire TCP/IP
> is
>> freely license for use with FSL processors.  It provides a nice step
> to
>> fully supported stack/OS from InterNiche should customers choose that
>> route.
>> Yes, it is being actively used by many and will continue to be.
>> I think it is the up-sell area that FSL cannot generate code and post
>> but customer can add whatever they want for their own use.  I'll
> triple
>> check that answer and reply if I'm wrong.
>> Regards, 
>> David 
>>
>> David E Seymour
> 
> Could you be more specific about the license?  I couldn't see license 
> information on the website, and it's far from clear if by "freely 
> licensed" you mean "free speech" or just "free beer".
> 
> mvh.,
> 
> David
> 
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