I understand people's concern. However, Bitmover is no Rambus.
As I already stated in a private mail to Christian, Larry's
only agenda is feeding his family and paying his employees.
-Kip
On Wed, 28 Jan 2004, Ian Pratt wrote:
> > > Are you doing development work on subversion, arch, or another revision
> > > control system? If not, what is the concern?
> >
> > I've worked in the past on cvs for a client. I usually don't care much
> > about licences but there's been so much noise about this one and I take that
> > as an indication that the bitkeeper people have some agenda with that
> > licence and I'd rather not be subject to it.
>
> I've just gone looking for the current version of the license --
> it's not actually easy to find from the web pages:
> http://www.bitkeeper.com/bkl.txt
>
> We certainly had concerns when we embarked on using bk, but
> there's no denying that it's a damn good tool, considerably
> better than cvs/arch/subversion. Different people in the group
> have tried using both arch and subversion for other large
> projects, but the experience hasn't been good.
>
> I'm no lawyer, but from my reading of the license there should be
> no *legal* problem with *anyone* using it for Xen development,
> providing that a) you don't mind having your ChangeLog entries
> logged and viewable to the whole world and b) you intend to make
> the source "publicly available".
>
> The latter point made us slightly nervous as some of the
> ChangeLog entries for a previous large project were somewhat
> 'colourful', but in practice this hasn't been a problem, so far.
>
> Anyhow, I've been meaning to write a script to make the nightly
> src and builds available for download as a tar ball.
>
> Best,
> Ian
>
> =========================================================================
>
>
> BitKeeper License version 1.40, 08/23/02
>
> 1. DEFINITIONS
>
> BKL: This license in its entirety, also known as the BitKeeper License.
>
> You: The licensee of the BitKeeper Software.
>
> BitMover: The licensor of the BitKeeper Software.
>
> BitKeeper Software: The complete set of executable programs and any accom-
> panying files, such as documentation, known as the BitKeeper Soft-
> ware. The set of programs and files must include all files and pro-
> grams distributed by BitMover as part of the BitKeeper Software.
>
> BitKeeper Package: A set of files managed by the same BitKeeper ChangeSet
> file. There may be multiple instances of the package; each instance
> is called a repository.
>
> Single user BitKeeper Package: A BitKeeper Package wherein all changes to
> all files are made by the same person and the total number of files
> does not exceed 1000.
>
> Metadata: Information about the data managed by the BitKeeper Software in a
> BitKeeper Package, such as
>
> + The ChangeSet file;
>
> + The messages which annotate modifications of the data (also known
> as check in comments, ChangeLog entries, and/or log messages);
>
> + All files contained below the top level BitKeeper directory in a
> BitKeeper Package, in particular the BitKeeper/html directory and
> the BitKeeper/etc/config file.
>
> Open Logging: The transmission of Metadata about the data managed by the
> BitKeeper Software, to a functioning Open Logging server in the open-
> logging.org domain (or an alternative domain as posted on www.bit-
> keeper.com/logging). Examples of such collected information may be
> seen at http://www.openlogging.org.
>
> Conforming Software: BitKeeper Software that:
>
> (i) passes all of the current, unmodified, regression tests for the
> BitKeeper Software;
>
> (ii) performs all licensing functions, such as Open Logging, identically
> to the current version of the BitKeeper Software as distributed by
> BitMover, Inc.
>
> 2. LICENSE GRANTS
>
> Licensees may freely install, use, copy, and distribute Conforming Soft-
> ware.
>
> 3. LICENSEE OBLIGATIONS
>
> (a) Maintaining Open Logging Feature: You hereby warrant that you will not
> take any action to disable or otherwise interfere with the Open Log-
> ging feature of the BitKeeper Software. You hereby warrant that you
> will take any necessary actions to ensure that the BitKeeper Software
> successfully transmits the Metadata to an Open Logging server within
> 21 days of the creation of said Metadata. By transmitting the Meta-
> data to an Open Logging server, You hereby grant BitMover, or any
> other operator of an Open Logging server, permission to republish the
> Metadata sent by the BitKeeper Software to the Open Logging server.
>
> (b) Accessing Others' BitKeeper Package: You may only use the BitKeeper
> Software to access a BitKeeper Package created by BitMover or third
> parties if you comply with the license of the BitKeeper Package, which
> can be found at the BitKeeper/etc/REPO LICENSE file within the Bit-
> Keeper Package and/or by running bk repo license.
>
> (c) Maintaining Open Source: It is the intent of BitMover that Your use of
> BitKeeper under this license is for the purpose of maintaining Open
> Source. By accepting this license, You agree that You are prepared to
> demonstrate Your conformance, at the request of BitMover, by making
> your BitKeeper repositories publicly available via the BitKeeper pro-
> tocol within 15 days from the time of such request. In the event that
> You do not wish to make BitKeeper repositories publicly available, You
> have 15 days in which to negotiate a waiver, convert said repositories
> to closed use, or cease use of said repositories.
>
> (c) Notwithstanding any other terms in this License, this License is not
> available to You if You and/or your employer develop, produce, sell,
> and/or resell a product which contains substantially similar capabili-
> ties of the BitKeeper Software, or, in the reasonable opinion of Bit-
> Mover, competes with the BitKeeper Software.
>
> (d) Inclusion with another product having source and/or configuration man-
> agement features: Inclusion of the BitKeeper Software for use with a
> system having substantially similar capabilities of the BitKeeper
> Software requires prior written permission from BitMover.
>
> 4. NON-CONFORMING USE
>
> 4.1. Single user packages
>
> For single user BitKeeper Packages, Open Logging is optional.
>
> 4.2. Closed Use
>
> Closed use is the use of the BitKeeper Software without participating in
> BKL licensing restrictions such as Open Logging. Closed use of the Bit-
> Keeper Software requires that you (or your organization) purchase closed
> use licenses for all users of the BitKeeper Software within your organiza-
> tion. This license, the BKL, does not convey authority to make closed use
> of the BitKeeper Software.
>
> 4.3. Logging Waivers
>
> Certain sites which do not wish to participate in Open Logging, such as
> educational or research institutes, may apply for, and may be granted, a
> written waiver from BitMover, Inc. After applying for a written waiver,
> such an institution may use the BitKeeper Software without Open Logging,
> for up to 90 days, or until a response is received from BitMover, Inc.,
> whichever comes first. Should BitMover not grant your waiver request, you
> have the option of converting to Open Logging, immediately terminating your
> use of the BitKeeper Software or continuing your use after purchasing
> closed use license[s].
>
> 4.4. Damages
>
> Use, copying, or distribution of non-conforming software is a violation of
> copyrights held by BitMover on the BitKeeper Software. Damages for copy-
> right infringement are the greater of actual damages or statutory damages,
> which are currently up to $150,000 per infringement.
>
> This license is not available to You if You and/or your company have any
> unresolved copyright disputes with BitMover.
>
> 5. DISCLAIMER OF WARRANTY
>
> COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT
> WARRANTY OR INDEMNIFICATION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
> INCLUDING, WITHOUT LIMITATION, WARRANTIES OR INDEMNITIES CONCERNING INTEL-
> LECTUAL PROPERTIES (E.G. PATENTS OR COPYRIGHTS), WARRANTIES THAT THE COV-
> ERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
> NON-INFRINGING. SHOULD ANY PORTION OF BITKEEPER SOFTWARE PROVE DEFECTIVE
> IN ANY RESPECT, YOU ASSUME THE COST OF ANY RESULTING DAMAGES, NECESSARY
> SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
> ESSENTIAL PART OF THIS LICENSE. NO USE OF BITKEEPER SOFTWARE IS AUTHORIZED
> HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
>
> 6. TERMINATION
>
> + This License and the rights granted hereunder will terminate automati-
> cally if you fail to comply with terms herein. Provisions which, by
> their nature, should remain in effect beyond the termination of this
> License shall survive.
>
> + If any of the licensing requirements, such as Open Logging, are found to
> be unenforceable, then this license automatically terminates unless You
> continue to comply with all of the licensing requirements.
>
> + Should You or your organization choose to institute patent, copyright,
> and/or intellectual property litigation against BitMover, Inc. with
> respect to the BitKeeper Software, then this License and the rights
> granted hereunder will terminate automatically as of the date such liti-
> gation is filed.
>
> + If this License is terminated for any reason, You must delete all copies
> of the BitKeeper Software and cease using the BitKeeper Software.
>
> 7. LIMITATION OF LIABILITY
>
> TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BITMOVER'S LIABILITY TO YOU
> FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL
> BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY
> BEEN PAID BY YOU TO BITMOVER FOR ALL COPIES LICENSED HEREUNDER OF THE PAR-
> TICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY.
>
> IN NO EVENT WILL BITMOVER BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
> INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF
> THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR
> OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABIL-
> ITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING
> NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE
> POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
> PURPOSE OF ANY REMEDY.
>
> 8. MISCELLANEOUS
>
> 8.1. Merger
>
> This License represents the complete agreement between You and BitMover
> regarding the BitKeeper Software covered by this License.
>
> 8.2. Assignment
>
> BitMover may assign this License, and its rights and obligations hereunder,
> at its sole discretion.
>
> 8.3. Severability
>
> If any provision of this License is held to be unenforceable, such provi-
> sion shall be reformed only to the extent necessary to make it enforceable.
>
> 8.4. Governing Law/Jurisdiction
>
> This License shall be governed by the laws of the US and the State of Cali-
> fornia, as applied to contracts entered into and to be performed in Cali-
> fornia between California residents. By using this product, you submit to
> the jurisdiction of the courts in the Northern District of California.
>
> BKL Copyright (C) 1999-2002 BitMover, Inc. Page 1
>
>
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>
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