Skip to main content

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] [List Home]
Re: [epl-discuss] EPL Revisions

Please forgive me if these have been addressed, but this is my first time looking at this in depth. And also, I am not a lawyer, so please forgive any legal ignorance I may display.

Comment MM5: The modified works definition is IMHO one of the most critical portions of the document to get right because it defines the extent of the Copyleft. I'm thinking that "contains any contents of the Program." may need clarification for languages that must include forward declarations of type (C Header files for instance). Should this have a clarifying clause such as:

"Modified Works shall not include works that contain only declarations of interfaces, types, classes, structures, or files of the Program in order to link (or bind by name) to the program."

Comment MM7: I think this may be an important clause. As a specific example, if a subroutine written in Verilog is licensed under the EPL and that subroutine is combined into a larger system that defines a chip die, and that is then used to fabricate actual chips, then the hardware form of the EPL module in the combined chip is no longer separable, so it might be argued that the physical chip is now under the EPL (if the chip is a sculpture... and all the headaches going down that legal argument). The EPL may be very ill defined if applied to physical hardware and I don't think it is the intent of the EPL to try to govern that. Specifically calling out that the EPL never applies to hardware is a good way to avoid the whole mess in my opinion.

Section 3.1b: The removal of the original section iii would seem to disallow the distributor to include any warrantees or indemnifications in a compiled work. Sections i and ii both force the distributor to give up all liabilities, including their own, and there doesn't seem to be a way for the distributor to then take liability unto themselves alone. I think that this may conflict directly with section 4 as a result.

On Thu, Mar 16, 2017 at 2:00 PM, Mike Milinkovich <mike.milinkovich@xxxxxxxxxxx> wrote:


Thank you to all who participated in our conference call last month. Many of your excellent suggestions are incorporated in this revision.

Please see the following annotated redline versions of the current state of EPLv2 revisions. At the request of some I have also annotated this with comments on what motivated the changes.

EPLv2 rev2 1.11-redline to 1.0-annotated.odt
EPLv2 rev2 1.11-redline to 1.0-annotated.pdf
EPLv2 rev2 1.11-redline to 1.0-annotated.docx
These files are a clean version of the license.
EPLv2 rev2 1.11 - clean.odt
EPLv2 rev2 1.11 - clean.pdf
EPLv2 rev2 1.11 - clean.docx
I will be sending an email shortly to kick off scheduling our next public conference call to discuss this draft.

Thanks again for your thoughtful feedback!
Mike Milinkovich
+1.613.220.3223 (mobile)

epl-discuss mailing list
To change your delivery options, retrieve your password, or unsubscribe from this list, visit

Back to the top