[vlc-devel] Possible GPL violation

Wed Jan 19 02:02:13 CET 2005

As pointed out by Ricardo J. Sousa, the Cinema On Web video on demand
service mentioned in the following slashdot article
http://slashdot.org/article.pl?sid=05/01/18/1956223&tid=97 might be in
violation with VLC's licence.

A msi file (microsoft installer) can be found on this page :
http://www.cinemaonweb.com/ww1/index.php?ab=cow-sw (first link in the
middle of the page).

This installs some files in the system32 directory (see screen shot here
: http://people.via.ecp.fr/~jb/VLCthieves2.jpg)
It seems to be a modified version of VLC 0.7.2

That might have been ok if they were under the GPL license (or
compatible) but here comes their licence :

--------------Begin Licence-------------------------------

CINEMA ON WEB. END-USER LICENSE AGREEMENT 
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED
BY CINEMAONWEB., TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU
ACCEPT THESE TERMS. 
GRANT OF LICENSE: Cinema on Web. (the "Licensor") grants to you this
personal, limited, non-exclusive, non-transferable, non-assignable
license solely to use in a single copy of the Licensed Works on a single
computer for use by a single concurrent user only, and solely provided
that you adhere to all of the terms and conditions of this Agreement.
The foregoing is an express limited use license and not an assignment,
sale, or other transfer of the Licensed Works or any Intellectual
Property Rights of Licensor. 
ASSENT: By opening the file package containing this software, you agree
that this Agreement is a legally binding and valid contract, agree to
abide by the intellectual property laws and all of the terms and
conditions of this Agreement, and further agree to take all necessary
steps to ensure that the terms and conditions of this Agreement are not
violated by any person or entity under your control or in your service. 
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or
subsidiaries own certain rights that may exist from time to time in this
or any other jurisdiction, whether foreign or domestic, under patent
law, copyright law, publicity rights law, moral rights law, trade secret
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regardless of whether or not such rights or protections are registered
or perfected (the "Intellectual Property Rights"), in the computer
software and hardware, together with any related documentation
(including design, systems and user) and other materials for use in
connection with such computer software in this package (collectively,
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APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE
UNENFORCEABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY
SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO
PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS. 
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THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 
SEVERABILITY: In the event any provision of this License Agreement is
found to be invalid, illegal or unenforceable, the validity, legality
and enforceability of any of the remaining provisions shall not in any
way be affected or impaired and a valid, legal and enforceable provision
of similar intent and economic impact shall be substituted therefor. 
ENTIRE AGREEMENT: This License Agreement sets forth the entire
understanding and agreement between you and Cinema on Web, supersedes
all prior agreements, whether written or oral, with respect to the
Software, and may be amended only in a writing signed by both parties. 
Cinema on Web
36-01,36th Avenue 
L.I City 
New York
NY 11106
USA 

--------------------------End License----------------------------

I thus consider that this software 'might' in violation to the GPL
licence. 

-- 
dionoea

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