[sword-devel] Lawyer Help: Redistribution

Steve Tang sword-devel@crosswire.org
Mon, 20 May 2002 06:22:42 -0600 (MDT)

Oh how I hope NASB allows us to include their text, free or with a fee per
copy. I know one CD with NASB and a bunch other texts costs $4.5, group
rate since about 10 in my church just ordered.

Personally I think our free modules are more than enough even for serious
study. But IMHO as Sword gains more users this subject will come up and
I'm glad it's being discussed here.

Steve Tang...

On Mon, 20 May 2002, Kevin Montgomery wrote:

> Date: Mon, 20 May 2002 08:57:49 +0100
> From: Kevin Montgomery <kfm@awakezion.com>
> Reply-To: sword-devel@crosswire.org
> To: Jonathan Hughes <sword-devel@crosswire.org>
> Subject: Re: [sword-devel] Lawyer Help: Redistribution
> Hello Jonathan,
> My understanding of this is as follows:
> If you have a clause when given permission to distribute that says (or
> similar),
> Permission is given for <Insert Bible Version> to be distributed by
> <Insert Distributor> with the product or software <Insert Product
> Name>
> (Note that you do not always specify a product sometimes only an
> organisation - which would probably be more beneficial for Crosswire
> given the diversity of product.)
> then the intent of the clause is to stop you as a licence holder from
> sub-licensing or similar.
> Basically they do not want you to be able to grant permission for
> another product or group to distribute the text they have given you
> permission for.
> In terms of another user making a copy of the CD to pass on, this
> would not break the terms of the licence as the 'package' would
> still be Sword (for example) and published by Crosswire
> and the text would still be distributed
> with it.
> The only time this becomes an issue is if they include either a volume
> restriction clause or a volume reporting clause.
> On a volume restriction clause you are granted a limited number of
> redistributions, say ten thousand and you must not go over this until
> you negotiate a further licence.
> On a volume reporting clause you must by terms of contract be able to
> give the supplier of your text accurate reporting on copies
> distributed.
> For the volume reporting clause you could still allow individual users
> to copy a CD as long as you implemented a 'registration' scheme for
> the software that was mandatory on the use of a text with such a
> clause in place.
> i.e. If they only user KJV then they would not need to register, but
> it they used NKJV or NIV or similar and it was under the terms of this
> licence they would need to register.
> I hope this helps somewhat. I am not a lawyer but do have some
> familiarity with contract law and software licensing. (including
> EULA's - cough cough spit spit!)
> Regards
> Kevin
> JH> Hey Everyone,
> JH>         Well I was thinking that with about 262 people on the sword-devel
> JH> mailing list there must be some lawyers out there that could at least
> JH> help point me in the right direction. Here is my question:
> JH>         Ok, as I contact copyright holders and we get permission to distribute
> JH> copyrighted modules the issue comes up about us distributing CDs. Most
> JH> organizations and people will let us distribute their module under a
> JH> non-commercial license. However they will in the letter of the written
> JH> permission allow CrossWire Bible Society to distribute it not others. So
> JH> if I am an average user and get a SWORD CD and then copy it and give
> JH> that CD to someone else that would be breaking the law, would it not?
> JH> Because no longer is it CrossWire Bible Society distributing it, it
> JH> would be Jonathan Hughes. What insight do people in the know have on
> JH> this issue?
> JH>         Thanks for any help people can give me!
> JH> In Christ,
> JH> Jonathan Hughes
> JH> jhughes@crosswire.org

Steve Tang...