[mythtv] zap2it 'labs'

Kendrick Vargas ken at hudat.com
Mon Feb 23 15:25:56 EST 2004


On Mon, 23 Feb 2004, Arthur Britto wrote:

> Clause 6 of their Subscription Agreement seems onerous:
>  6. OWNERSHIP. You acknowledge that TMS owns all copyrights and other
> proprietary rights in and to the Licensed Data and the related names and
> trademarks or associated components, including without limitation the
> content and proprietary systems used by TMS in connection with the
> Licensed Data. You further acknowledge that any customizations,
> modifications, adaptations, revisions, derivative works, and any other
> works that use any aspect of Licensed Data or associated components
> whether or not authorized by TMS (collectively, "Works"), shall be the
> sole and exclusive property of TMS. You shall not, by virtue of this
> Agreement or by virtue of its access to the Licensed Data, obtain any
> copyright or other proprietary right or interest in or to the Licensed
> Data or Works except the rights specifically granted to You herein. You
> shall not remove any proprietary notice of TMS from any copy of the
> Licensed Data.
>
> In particular, "associated works that use any aspect of Licensed Data
> .. shall be the sole and exclusive property of TMS" seems problematic.
> This seems like it might be broadly interpreted to include mythtv.

You're probably right, but that's the sort of thing that would normally
get thrown out if it came to a legal case. I don't think it'd apply at all
because the end user would be agreeing to the license, not the license
holder for myth. If myth is simply modified to allow a pluggable scheme
for getting listings data, then a simple script can be written outside of
myth which even if it were considered a derivative work of the data,
would not be connected to the primary myth source at all.
			-peace

-- 
Let he who is without clue kiss my ass


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