Re: Email servers

Dan Melomedman wrote:
> My guess is selling turn-key servers with preinstalled modified qmail is not allowed?

IMHO, since djb gives a legal entity the rights to modify qmail but not
distribute it, then as long as you have a clause in your terms of sale
that say that you installed and modified qmail while acting as
agent/employee/contractor of the customer then I think you have no
problem.

This all comes down to the legal definition of 'distribute' which has
been debated here ad nauseam. If a customer installs and modifies qmail
on a server and then physically moves the server - are they
'distributing'? The following scenarios cannot seriously be thought of
as distributing (and there is no history of djb trying to enforce them -
an important point if he tries to change his mind later):

1) Install, modify, move server from 1 desk to another.
2) Install, modify, move server from desk to server room.
3) Install, modify, move server from desk to server room in another
building.
4) Install, modify, move server from desk to server room in another
building on a different campus.
5) Install, modify, move server from desk to server room in branch
office in different country.

All these require physically 'distribution', but none of them are legal
distribution since no 'trade' is involved. Obviously the person
performing the above tasks is allowed to charge for their time and
expenses since that is what agents/employees/contractors do and djb
hasn't banned corporates from performing these tasks and obviously he
doesn't expect an UNPAID agent/employee/contractor to perform them.

So, you can install, modify and ship as long as you are acting as
agent/employee/contractor and as long as you are selling a service and
hardware, but not software then you are not distributing dab's software.
This is pretty much the same as your idea of "compile it at the
customers' premises", but I'm saying you could compile it at your own
premises, since geography is only an issue if trade is involved and if
you are not SELLING djb's software, then you obviously are not involved
in any kind of trade with it.

This is all my own opinion. It flies in the face of many here who, to
the detriment of qmail, are trying to protect an untenable licence
agreement. Their advice to you will probably be 'ask your lawyer', but
if you ask them what THEIR lawyer said, they will just mumble ("don't
need to ask", "none of your business", "hire your own lawyer", "the
answer's obvious, muttonhead" etc etc). All the reports I've seen here
on responses from lawyers say pretty much the same thing: "don't touch
this software with a bargepole". 

So, don't treat my words as advice, make up your own mind. Or better
still, ask your lawyer. ROFL.

- Andy.