Date: Mon, 19 Feb 2001 10:54:11 -0800 (PST) From: Matt Dillon <dillon@earth.backplane.com> To: Alfred Perlstein <bright@wintelcom.net> Cc: Terry Lambert <tlambert@primenet.com>, josb@cncdsl.com, arch@FreeBSD.ORG Subject: Re: DJBDNS vs. BIND Message-ID: <200102191854.f1JIsBQ37549@earth.backplane.com> References: <200102191012.DAA17412@usr05.primenet.com> <200102191825.f1JIPde37350@earth.backplane.com> <20010219103531.N6641@fw.wintelcom.net>
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:I think Terry is tossing the idea around that it would or couldn't be
:possible for a company aquisition to transfer all software licenses.
:...
:
:If this isn't how it works, then whomever bought Best might have
:been in for a lot of trouble depending on how much Best itself
:relied on softupdates to function. If the license was non-transferable
:even through aquisition then it might render a lot of Best's
:technology useless.
:
:All this is speculation, I'm sure Best liked softupdates, but could
:have managed without them. :)
:
:--
:-Alfred Perlstein - [bright@wintelcom.net|alfred@freebsd.org]
Unless the license explicitly indicates that it is not transferable,
then a merger or buyout will have no effect on it. Patent-related
licenses often have such a clause in them in order to allow the patent
holder to renegotiate the terms (e.g. if a tiny company is aquired
by a larger one). A site-license, on the otherhand, does not usually
have such a clause because it is already inherently limiting the number of
seats the software can be used with.
Many open source licenses distinguish between commercial and non-commercial
use, and a change of status would certainly apply there (e.g. a
non-profit company merges with a for-profit company), but I don't know
a single open source / freeware license that gives a damn whether
a commercial company is being aquired by another commercial company.
Most commercial-use licenses are site licenses. Custom license deals
made by very large companies, e.g. a contract for MS to supply desktop
software for example, are more likely to have change of control clauses
in them for the purposes of renegotiation. But for smaller companies
you rarely see this sort of thing because it's a waste of time and money.
-Matt
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