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	<title>Comments on: Magento, license could be a serious trouble</title>
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	<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/</link>
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		<title>By: Fabrizio Balliano</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-99936</link>
		<dc:creator>Fabrizio Balliano</dc:creator>
		<pubDate>Thu, 02 Jun 2011 08:12:14 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-99936</guid>
		<description>@Michael: better if you write directly to the Magento team before doing that.</description>
		<content:encoded><![CDATA[<p>@Michael: better if you write directly to the Magento team before doing that.</p>
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		<title>By: Michael</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-99925</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Thu, 02 Jun 2011 05:17:44 +0000</pubDate>
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		<description>I would like to provide website design services that sell package that include install magento, hosting and design website. Will this violate the licence? many thanks.</description>
		<content:encoded><![CDATA[<p>I would like to provide website design services that sell package that include install magento, hosting and design website. Will this violate the licence? many thanks.</p>
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		<title>By: phill</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-35508</link>
		<dc:creator>phill</dc:creator>
		<pubDate>Fri, 15 May 2009 03:34:50 +0000</pubDate>
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		<description>wow.

I never knew this about Magento!
I had searched for a week for an ecommerce solution, now I have to rethink...

One thing was very odd.
You can download Magento directly and examine its code if you wish, but YOU CANNOT DOWNLOAD THE MAGENTO EXTENSIONS!

you have to enter some &quot;extensions code&quot; in the Magento admin screen, and IT downloads and installs...dont like that at all, also it means I cant have a bunch of files that make up a magento site ready for use when I want it... oh well.... luckily there are other free products</description>
		<content:encoded><![CDATA[<p>wow.</p>
<p>I never knew this about Magento!<br />
I had searched for a week for an ecommerce solution, now I have to rethink&#8230;</p>
<p>One thing was very odd.<br />
You can download Magento directly and examine its code if you wish, but YOU CANNOT DOWNLOAD THE MAGENTO EXTENSIONS!</p>
<p>you have to enter some &#8220;extensions code&#8221; in the Magento admin screen, and IT downloads and installs&#8230;dont like that at all, also it means I cant have a bunch of files that make up a magento site ready for use when I want it&#8230; oh well&#8230;. luckily there are other free products</p>
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		<title>By: Mani</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-32698</link>
		<dc:creator>Mani</dc:creator>
		<pubDate>Fri, 17 Apr 2009 14:19:04 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-32698</guid>
		<description>Hi,

I know a little about License and certainly NOT the expert in this area. I agree to some of the points mentioned by Fabrizio Balliano.

But, anyhow my concern totally different.
From the Page: http://www.magentocommerce.com/license/
&lt;i&gt; Can I use the “Magento” trademark in one of my domain names or URLs?
 No. You may not use the Magento trademark or any other mark associated with the Magento offering from our company in your domain name or URL. (For instance &quot;www.magentohosting.com&quot; is not allowed. See more on this topic below.)  &lt;/i&gt;

I think, this is very strange. Suppose If i am a web developer or blogger, how can i avoid magento name from my URL ? Nowadays almost all the CMS comes with SEO friendly build-in engine, then how can I avoid Magento in my URL ? 
Why cant I have the Magento in my URL or domain name ?
Does this License speaks anything about it ? or it is condition from the author of Magento ?
one more qns: Is there any open source which has similar conditions ?

sorry, I am wrong. Just i am writing this comments to clarify. 
Magento is one of the BEST available ecom solun now. 
Thanks for that Great Work!!!</description>
		<content:encoded><![CDATA[<p>Hi,</p>
<p>I know a little about License and certainly NOT the expert in this area. I agree to some of the points mentioned by Fabrizio Balliano.</p>
<p>But, anyhow my concern totally different.<br />
From the Page: <a href="http://www.magentocommerce.com/license/" rel="nofollow">http://www.magentocommerce.com/license/</a><br />
<i> Can I use the “Magento” trademark in one of my domain names or URLs?<br />
 No. You may not use the Magento trademark or any other mark associated with the Magento offering from our company in your domain name or URL. (For instance &#8220;www.magentohosting.com&#8221; is not allowed. See more on this topic below.)  </i></p>
<p>I think, this is very strange. Suppose If i am a web developer or blogger, how can i avoid magento name from my URL ? Nowadays almost all the CMS comes with SEO friendly build-in engine, then how can I avoid Magento in my URL ?<br />
Why cant I have the Magento in my URL or domain name ?<br />
Does this License speaks anything about it ? or it is condition from the author of Magento ?<br />
one more qns: Is there any open source which has similar conditions ?</p>
<p>sorry, I am wrong. Just i am writing this comments to clarify.<br />
Magento is one of the BEST available ecom solun now.<br />
Thanks for that Great Work!!!</p>
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		<title>By: Affero GNU Public License is now OSI approved @ Fabrizio Balliano's blog</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-484</link>
		<dc:creator>Affero GNU Public License is now OSI approved @ Fabrizio Balliano's blog</dc:creator>
		<pubDate>Fri, 14 Mar 2008 08:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-484</guid>
		<description>[...] This post is a sort of answer to post about Magento&#8217;s license where Roy Rubin (CEO of Varien) told me that AGPL wasn&#8217;t OSI approved (it was true in that [...]</description>
		<content:encoded><![CDATA[<p>[...] This post is a sort of answer to post about Magento&#8217;s license where Roy Rubin (CEO of Varien) told me that AGPL wasn&#8217;t OSI approved (it was true in that [...]</p>
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		<title>By: Black Cat</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-428</link>
		<dc:creator>Black Cat</dc:creator>
		<pubDate>Tue, 11 Mar 2008 03:30:13 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-428</guid>
		<description>è possibile avere una traduzione dell&#039;articolo in italiano? ^^</description>
		<content:encoded><![CDATA[<p>è possibile avere una traduzione dell&#8217;articolo in italiano? ^^</p>
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		<title>By: Gustavo G. Mármol</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-395</link>
		<dc:creator>Gustavo G. Mármol</dc:creator>
		<pubDate>Sat, 08 Mar 2008 03:45:39 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-395</guid>
		<description>Larry,

GNU, said:

&quot;The Open Software License is a free software license. It is incompatible with the GNU GPL in several ways. Recent versions of the Open Software License have a term which requires distributors to try to obtain explicit assent to the license. This means that distributing OSL software on ordinary FTP sites, sending patches to ordinary mailing lists, or storing the software in an ordinary version control system, is arguably a violation of the license and would subject you to possible termination of the license. Thus, the Open Software License makes it very difficult to develop software using the ordinary tools of free software development. For this reason, and because it is incompatible with the GPL, we recommend that no version of the OSL be used for any software. We urge you not to use the Open Software License for software you write. However, there is no reason to avoid running programs that have been released under this license&quot;.

And, you in your article establish that: &quot;licenses And the Manifestation of Assent&quot;...Perhaps the most obvious linguistic difference between OSL 3.0 and the GPL Licenses is that OSL 3.0 uses terms of art and expressions from contract law to say precisely what it means&quot;...&quot;There is nothing in OSL 3.0 itself, owever, that requires the formation of a contract in order to grant -or to revoke the grant- of the license to the copyrighted work&quot;

And...&quot;to encourage contract formation, OSL 3.0 requires that downstream licenses who in turn distribute must make a reasonable effort under the circunstances to obtain the express assent of recipients to ther terms of this License&quot;

And in Clause 9 &quot;Acceptance and Termination&quot;. License OSL 3.0:&quot;If, at any time, You expressly assented to this license, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If you distribute or communicate copies of the original work or Derivate work, you must make a reasonable effort under the circunstances to obtain the express asssent of recipients to ther terms of this License.&quot; 

From my view, and according with my interpretation of the License OSL 3.0, the sine qua non condition to exercise the rights granted by the Licensor are limited to fullfil 1.c) &quot;with the proviso that copies of the original work or derivative works that you distribute or communicate shall be licensed under this OSL.&quot;. That means you accepted the terms of the license at the moment you decide to create a derivative work based upon the original work. This is the moment that reflect the acceptance of the license by the licensee.

In the other hand, Clause 9, establish &quot;If, at any time, you expressly assented to this license..&quot; 

The meaning of &quot;IF&quot; means only the possibility&quot;, that is to say, you must make a reasonable effort to obtain the express assent of recipients to the terms of the license (in downstream licenses), but, you are not obligated to get it, just because only you have to prove &quot;reasonable effort&quot; to demostrate, in any case, that you intent to obtain the express assent, but in no way can someone understand that this act is a violation of the license.

Also, the License not establish the termination  of the license under this circunstances. 

The License only shall terminte when the licensee failure to honor the conditions in section 1.c.

Thanks, Gustavo.</description>
		<content:encoded><![CDATA[<p>Larry,</p>
<p>GNU, said:</p>
<p>&#8220;The Open Software License is a free software license. It is incompatible with the GNU GPL in several ways. Recent versions of the Open Software License have a term which requires distributors to try to obtain explicit assent to the license. This means that distributing OSL software on ordinary FTP sites, sending patches to ordinary mailing lists, or storing the software in an ordinary version control system, is arguably a violation of the license and would subject you to possible termination of the license. Thus, the Open Software License makes it very difficult to develop software using the ordinary tools of free software development. For this reason, and because it is incompatible with the GPL, we recommend that no version of the OSL be used for any software. We urge you not to use the Open Software License for software you write. However, there is no reason to avoid running programs that have been released under this license&#8221;.</p>
<p>And, you in your article establish that: &#8220;licenses And the Manifestation of Assent&#8221;&#8230;Perhaps the most obvious linguistic difference between OSL 3.0 and the GPL Licenses is that OSL 3.0 uses terms of art and expressions from contract law to say precisely what it means&#8221;&#8230;&#8221;There is nothing in OSL 3.0 itself, owever, that requires the formation of a contract in order to grant -or to revoke the grant- of the license to the copyrighted work&#8221;</p>
<p>And&#8230;&#8221;to encourage contract formation, OSL 3.0 requires that downstream licenses who in turn distribute must make a reasonable effort under the circunstances to obtain the express assent of recipients to ther terms of this License&#8221;</p>
<p>And in Clause 9 &#8220;Acceptance and Termination&#8221;. License OSL 3.0:&#8221;If, at any time, You expressly assented to this license, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If you distribute or communicate copies of the original work or Derivate work, you must make a reasonable effort under the circunstances to obtain the express asssent of recipients to ther terms of this License.&#8221; </p>
<p>From my view, and according with my interpretation of the License OSL 3.0, the sine qua non condition to exercise the rights granted by the Licensor are limited to fullfil 1.c) &#8220;with the proviso that copies of the original work or derivative works that you distribute or communicate shall be licensed under this OSL.&#8221;. That means you accepted the terms of the license at the moment you decide to create a derivative work based upon the original work. This is the moment that reflect the acceptance of the license by the licensee.</p>
<p>In the other hand, Clause 9, establish &#8220;If, at any time, you expressly assented to this license..&#8221; </p>
<p>The meaning of &#8220;IF&#8221; means only the possibility&#8221;, that is to say, you must make a reasonable effort to obtain the express assent of recipients to the terms of the license (in downstream licenses), but, you are not obligated to get it, just because only you have to prove &#8220;reasonable effort&#8221; to demostrate, in any case, that you intent to obtain the express assent, but in no way can someone understand that this act is a violation of the license.</p>
<p>Also, the License not establish the termination  of the license under this circunstances. </p>
<p>The License only shall terminte when the licensee failure to honor the conditions in section 1.c.</p>
<p>Thanks, Gustavo.</p>
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		<title>By: Fabrizio Balliano</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-333</link>
		<dc:creator>Fabrizio Balliano</dc:creator>
		<pubDate>Sun, 02 Mar 2008 11:01:25 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-333</guid>
		<description>@Saharian: no problem at all, I tried to fill the post with updates to correct the possible misreading :-) but you know... not being a native english speaker makes things difficult to me :-(</description>
		<content:encoded><![CDATA[<p>@Saharian: no problem at all, I tried to fill the post with updates to correct the possible misreading :-) but you know&#8230; not being a native english speaker makes things difficult to me :-(</p>
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		<title>By: Saharian</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-330</link>
		<dc:creator>Saharian</dc:creator>
		<pubDate>Sat, 01 Mar 2008 22:35:57 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-330</guid>
		<description>Thanks for clarification, indeed it could be read in few ways, as a call for action and as a possibility. 

Together with incorrect and not favourable one-way interpretation of the license I&#039;ve got bit overprotective for Magento, as I love the fresh air it brings to ecommerce market, and get annoyed by non-sense opposition.

Please accept my appologies.</description>
		<content:encoded><![CDATA[<p>Thanks for clarification, indeed it could be read in few ways, as a call for action and as a possibility. </p>
<p>Together with incorrect and not favourable one-way interpretation of the license I&#8217;ve got bit overprotective for Magento, as I love the fresh air it brings to ecommerce market, and get annoyed by non-sense opposition.</p>
<p>Please accept my appologies.</p>
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		<title>By: Fabrizio Balliano</title>
		<link>http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/comment-page-1/#comment-327</link>
		<dc:creator>Fabrizio Balliano</dc:creator>
		<pubDate>Sat, 01 Mar 2008 11:33:22 +0000</pubDate>
		<guid isPermaLink="false">http://fabrizioballiano.net/2008/02/27/magento-license-could-be-a-serious-trouble/#comment-327</guid>
		<description>@Lawrence Rosen: it&#039;s nice to see your clarifications, the problem came from a consideration like &quot;direvative works are released under OSL, a patch is something that creates a derivative thus should be under OSL and thus there&#039;s the explicit assent thing to consider&quot;. if you say that this is different that&#039;s ok, I could be wrong. I&#039;ll write GNU to find out if they could correct their considerations.

@Saharian: &quot;other people could stop using magento&quot; does not mean &quot;I suggest you not to use magento&quot;, it&#039;s completely different and it&#039;s a warning I wanted to raise to the magento&#039;s team so they could take care of all the posts in their forums asking clarifications about liceses.

I do not imply anything, I just pointed out a situation, and anyway you can check my latest post about magento, and you would not say i&#039;m not constructive.</description>
		<content:encoded><![CDATA[<p>@Lawrence Rosen: it&#8217;s nice to see your clarifications, the problem came from a consideration like &#8220;direvative works are released under OSL, a patch is something that creates a derivative thus should be under OSL and thus there&#8217;s the explicit assent thing to consider&#8221;. if you say that this is different that&#8217;s ok, I could be wrong. I&#8217;ll write GNU to find out if they could correct their considerations.</p>
<p>@Saharian: &#8220;other people could stop using magento&#8221; does not mean &#8220;I suggest you not to use magento&#8221;, it&#8217;s completely different and it&#8217;s a warning I wanted to raise to the magento&#8217;s team so they could take care of all the posts in their forums asking clarifications about liceses.</p>
<p>I do not imply anything, I just pointed out a situation, and anyway you can check my latest post about magento, and you would not say i&#8217;m not constructive.</p>
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