Changes in licence in forked project what are my rights?
- by Wes
Hi I'm intrested in using the apparently now defunct app-mdi libray in a flex application for a paying customer. http://sourceforge.net/projects/appmdi/
It appears that the app-mdi project has been forked from flex-mdi and indeed the code has so much in common it would appear almost identical to the origional code.
Now in the original source flex-mdi the following licence appears in the source code
/* Copyright (c) 2007 FlexMDI Contributors. See:
http://code.google.com/p/flexmdi/wiki/ProjectContributors Permission
is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, subject to the following
conditions: The above copyright notice and this permission notice
shall be included in all copies or substantial portions of the
Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. */
However in the app-mdi library on the same file the following licence appears.
Copyright (c) 2010, TRUEAGILE All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Neither the name of the TRUEAGILE nor the names of its contributors may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*/
Now I've no problem with the licence except for the line.
Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
The copyright notice in its entireity makes no sense in binary material. Specifically talking about redistobutions in the binary form.
Finally the question is what exactly has to be shown on web clients who access softare that utilises this library?
Also is changing the licence in this manner actually allowed?
