I'm a law student not a lawyer, but here is some amateur analysis on the pine(TM) issue.
It appears Univ. of Washington (UW) allows redistribution of the source in tar and gzip format. It allows modification with .diff files for commercial and non-commercial purposes, so long as the modifier makes the .diff file available to UW. The modification of the source with a .diff file would constitute a 'derivative work' under the 1976 Copyright Act. Distribution of derivative works based upon pine(TM) is restricted due to the software's use of proprietary libraries. The license attached below does not indicate the terms of the restrictions. The license indicates that distribution is 'restricted' without enumerating the scope of the restrictions. Based on the ambiguity of the license, I have posted binaries on my web site with the disclaimer that these files are owned by UW, not endorced by Debian, and meant for personal (i.e., local use). Posting the files to my website is not a use, it is a distribution. My 'use' of the pine(TM) binaries consists in its locus on my harddrive and RAM, and in my manipulation of it with keyboard and screen. The question remains whether UW will permit this distribution from my website. For this I wait to hear. For additional legal documentation on pine(TM), see http://www.washington.edu/pine/overview/legal.html NatePuri Certified Law Student & Debian GNU/Linux Monk McGeorge School of Law [EMAIL PROTECTED] http://ompages.com
Pine and Pico are trademarks of the University of Washington. No commercial use of these trademarks may be made without prior written permission of the University of Washington. Pine and Pico software and its included text are Copyright 1989-1997 by the University of Washington. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee to the University of Washington is hereby granted, provided that these legal notices appear in all copies and supporting documentation, that the name "Pine" is retained, and that the name of the University of Washington is not used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. This software is made available "as is". Although the above trademark and copyright restrictions do not convey the right to redistribute derivative works, the University of Washington encourages unrestricted distribution of patch files which can be applied to the University of Washington Pine distribution. If this software is modified for local use, please denote this on all modified versions of the software by appending the letter "L" to the current version number and by enumerating the changes in the release notes and associated documentation. THE UNIVERSITY OF WASHINGTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL THE UNIVERSITY OF WASHINGTON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
