Re: Terms of use Mathworks file exchange

[Jordi Gutiérrez Hermoso]

On 7 May 2012 13:54, Judd Storrs <address@hidden> wrote:
> On Mon, May 7, 2012 at 1:45 PM, Juan Pablo Carbajal <address@hidden>
> wrote:
>>
>> May I call oyu attention to 1.b of the ToS
>>
>> You agree not to copy, reproduce, distribute, transmit, broadcast,
>> display, sell, license, alter, modify, create derivate works from,
>> frame, mirror or otherwise exploit any part of the Site unless
>> explicitly permitted by MathWorks. MathWorks and its licensors reserve
>> all rights not expressly granted in and to the Site and the Content.
>> “Content” includes the text, software, scripts, graphics, photos,
>> sounds, music, videos, audiovisual combinations, interactive features,
>> and all other materials you may view on, access through, or contribute
>> to the Site.
>>
>> What exactly do you understand by "use stuff"?
>
>
> That's the generic blanket terms for the site. 2.c trumps that specifically
> for software downloads:
>
> "2.c Use of all software that you download from the Site (“Software”) is
> subject to the license terms of the applicable software license agreement
> for such Software. The applicable software license agreement will typically
> accompany or be provided at the time you download or otherwise access the
> Software."
>
> Right there Mathworks expressly grants that BSD-licensed downloads are
> covered only by the BSD license (as if they had a choice in the matter).

That's selective quoting. There are other terms that we have quoted
that are additional restrictions, and they do have a choice in the
matter, because the BSD-style license grants them that choice. The
GPL's liberty-or-death clause (paraphrased: if you can't distribute it
under the terms of the GPL, you can't distribute it at all) would
forbid them from adding the further restrictions that they added.

This isn't paranoia. They did both things at the same time (purge the
GPL and add more restrictions) so they obviously did this
intentionally. Whether they plan to use these legal weapons is another
matter, but they certainly built them, and I'm not comfortable with
them having their finger on the trigger, not matter how nice and moral
they may appear now.

- Jordi G. H.