Subject: Re: first draft of jurassaic UNIX license (fwd)

From: "Steven M. Schultz" <[email-masked]>
Date: Wed, 17 Sep 1997 20:16:52 -0700 (PDT)

Greetings -

	I do not believe I have previously thanked you for the time and
	effort you have spent in this cause.  Thank you very much.

	(I agree with Warren - your signature block is nifty!)

	As you mentioned there are a couple "problems".  Warren has addressed
	the "Single Country" aspect.  My concern and questions deal with, for
	the most part, the "DESIGNATED CPU" concept.

	Is it SCO's intent to license "the person" or "the specific system"?

	2.1(a) starts off sounding like a "per person" license:

> 2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
> nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
> CODE PRODUCT identified in Section 3 of this Agreement, solely
> for personal use (as restricted in Section 2.1(b)) and solely on

	So far so good.  Personally I find the idea of a "personal license"
	more attractive and easier to deal with (for both sides) than a 
	"per cpu/system" one.

	But then the paragraph continues on:

> or in conjunction with one (1) DESIGNATED CPU for such SOURCE
> CODE PRODUCT.  Such right to use includes the right to modify
 
	Hmmm, the "DESIGNATED CPU" would indicate that the "system" rather than
	the hobbyist is being licensed.

	2.1(b) goes back to the "Personal use" theme:

> (b) Personal use is limited to noncommercial uses.  Any such use
> made in connection with the development of enhancements or

	There are numerous other cases that seem to alternate between
	"personal" and "system".

	The beneficiaries of an inexpensive source license for "old" UNIX
	are the hobbyists (Dion - if you do get a PDP-11/73 and need some
	help setting it up let me know).  It is not uncommon for a 'collector'
	to have two or more machines that have been "rescued" from the landfill
	(or whatever). 

	Would it be possible to change the language to be more along the 
	lines (and I'm not a lawyer as you can probably tell;-)) of 
	"systems belonging to the licensed individual"?  I can see where
	SCO would not appreciate my taking my license over to a friend's house
	and installing a system.  But I do have two systems in my house, an
	11/73 and an 11/93 (I'd get a 11/44 but it'd eat me alive on
	electricity).

> 2.2 (a) Any notice acknowledging a contribution of a third party
> appearing in a SOURCE CODE PRODUCT shall be included in
> corresponding portions of DERIVED BINARY PRODUCTS made by
> LICENSEE...

> (b) Each portion of a DERIVED BINARY PRODUCT shall include an
> appropriate copyright notice.  Such copyright notice may be the

	Could SCO provide an example paragraph that should be included in
	the labels on any media, etc?  "Some or all contents are licensed
	by SCO ..." I would guess.

> 2.4 A single back-up CPU may be used as a substitute for the
> DESIGNATED CPU without notice to SCO during any time when such
> DESIGNATED CPU is inoperative because it is malfunctioning or
> undergoing repair, maintenance or other modification.

	Personally I'd like to see that paragraph rewritten - something like
	"systems in the licensed individual's domicile, or in the license'd
	person's possession".  Something like that.

> 7.  TERM
> 
> 7.1 This Agreement shall become effective on and as of the date
> of acceptance by SCO.  The initial term of this Agreement shall
> be for one (1) year.  Thereafter, the Agreement will
> automatically renew for successive one (1) year terms unless

	Oh, annual renewal?  That's going to cut into the money's generated
	by the (very modest) license fee, isn't it?

	Does this mean if I relocate or move I would need to notify SCO?

> 8.5 (a) On SCO's request, but not more frequently than annually,
> LICENSEE shall furnish to SCO a statement, listing the location,
> type and serial number of the DESIGNATED CPU hereunder and

	Ouch - here we run into a real problem.  There is no concept of
	a "serial number" in many cases.  I put (in one case paid someone
	else to) the system together out of parts - a BA23 box from here,
	a M8192 (that's the 11/73 CPU module) from elsewhere, a DEQNA from
	a used equipment place, and so on.

	The larger systems (11/70, perhaps the 11/44) had "serial numbers"
	but the smaller (more likely to be found in homes) systems are
	almost "PC" like in using 'commodity parts'.

	On the other hand if the lawyers can find a way to license the
	individual rather than the machine paragraph 8.5 disappears.

> (b) SCO shall have the right, upon reasonable notice to LICENSEE
> and through SCO's accredited auditing representative, to make an
> on-site inspection during normal business hours, not more

	Let me know when you're dropping in - I make a wicked batch of
	chili if I have a day or so's notice <grin>

---

From: "Steven M. Schultz" <[email-masked]>
Date: Fri, 19 Sep 1997 20:17:41 -0700 (PDT)

Dion -

> It is God's work. :-)  I enjoy it. 
    
	To paraphrase the line from the Blues Brothers' being on a 'mission
	from god':

  "It's 106 ms to Chicago, we've got a full disk of GIFs, half a meg of
     hypertext, it's dark, and we're wearing sunglasses."  "Click it."

> Yes, I am trying to clarify the license is to a person.

	Super!  That's very good to hear.

> Btw, can you guys help me wrt "personal use"?  
> Do you need to be able to use this software in teaching courses
> in Comp Sci?  I would think YES.  I'd like the field of use to

	I'm not a teacher or anything like that.

	Ok - I'll use myself as an example.  For me "personal use" is a
	continuation of kernel hacking that started back around 1979 - it's
	a bit of a contest to see how much can be stuffed into a 16bit machine.
	For instance I just completed (last weekend) porting over the
	POSIX signal semantics (sigaction, sigpending, sigsuspend, etc)
	from the 4.4BSD-Lite2 CDrom.  Nothing that anyone outside the PDP-11
	community would appreciate but it keeps me off the streets at night ;-)

> include letting the binaries run on machines used by students,
> faculty, etc.  Isnt this desirable?  or not necessary?

	I could see it being desireable - you never know when a professor
	might use a PDP-11 as a teaching tool (it's enough machine to teach
	ideas but not big/fast enough to rule the world again as it did 20 or
	so years ago <grin>).

> Yes, I am fixing the language to recognize a DESIGNATED CPU GROUP which
> is a set of computers at a single geographical site (house, building,
   
	Perfect - thank you!  That, I think, is much more in keeping with
	the type of person likely to buy the license (the 'collector', etc).

> No way.  The $100 should be a one-time fee.
   
	Personally $100/year wouldn't bother me - I spend several times that
	on software updates and the like already.  But it would be a paperwork
	hassle for SCO I'd think.

	Thanks for clarifying that.

> Yes, I think this is reasonable  for us to ask.
   
	Ok.  Just wanted clarification - I don't plan on moving any time soon
	and if I do then one more 'change of address' postcard will be the
	least of my worries ;)

> That is most kind.   Where are you located, anyway?  Maybe I will

	You're welcome.  I'm down in Simi Valley - about 45 miles ~north of
	Lost Angeles.

> I guess chili that takes 2 days to prepare must be pretty special.

	Closer to one day .

> You got to go out and hunt the racoons, deer, and other natural
> ingredients?

	Need to track down all the peppers - depending on the luck of the hunt
	I've made a 9 pepper chili (It's hard finding the habanero peppers
	apparently they have a short growing season).

	Steven