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- POLICY ON COMMERCIAL USE AND DISTRIBUTION OF KERMIT
-
- Frank da Cruz
-
- Columbia University Center for Computing Activities
-
- September, 1985
-
-
- The KERMIT file transfer protocol has always been open, available, and free to
- all. The protocol was developed at the Columbia University Center for
- Computing Activities, as were the first several KERMIT programs. Columbia has
- shared these programs freely with the worldwide computing community since 1981,
- and as a result many individuals and institutions have contributed their own
- improvements or new implementations in the same spirit. In this manner, the
- number of different systems supporting KERMIT implementations has grown from
- three to over 100 in less than four years. If Columbia had elected to keep
- the protocol secret, to restrict access to source code, or to license the
- software, the protocol would never have spread to cover so many systems, nor
- would the programs be in use at so many sites, nor would the quality of many of
- the implemementations be so high.
-
- Although KERMIT is free and available to anyone who requests it, it is not in
- the "public domain". The protocol, the manuals, the Columbia implementations,
- and many of the contributed implementations bear copyright notices dated 1981
- or later, and include a legend like
-
- Copyright (C) 1985, Trustees of Columbia University in the City of New York.
- Permission is granted to any individual or institution to use, copy, or
- redistribute this software so long as it is not sold for profit, provided
- this copyright notice is retained.
-
- The copyright notice is to protect KERMIT, Columbia University, and the
- various contributors from having their work usurped by others and sold as a
- product. In addition, the covering letter which we include with a KERMIT tape
- states that KERMIT can be passed along to others; "we ask only that profit not
- be your goal, credit be given where it is due, and that new material be sent
- back to us so that we can maintain a definitive and comprehensive set of KERMIT
- implementations".
-
- Within this framework, it is acceptable to charge a reproduction fee when
- supplying KERMIT to others. The reproduction fee may be designed to recover
- costs of media, packaging, printing, shipping, order processing, or any
- computer use required for reproduction. The fee should not reflect any program
- or documentation development effort, and it should be be independent of how
- many implementations of KERMIT appear on the medium or where they came from.
- It should not be viewed as a license fee. For instance, when Columbia ships a
- KERMIT tape, there is a $100.00 reproduction fee which includes a 2400' reel of
- magnetic tape, two printed manuals, various flyers, a box, and postage; there
- is an additional $100.00 order processing charge if an invoice must be sent.
- The tape includes all known versions of KERMIT, including sources and
- documentation.
-
- Commercial institutions may make unlimited internal use of KERMIT, and
- KERMIT may be installed on timesharing systems where customers are charged for
- system use, so long as they are not charged more for using KERMIT than for
- using any other program.
-
- A question raised with increasing frequency is whether a company may
- incorporate KERMIT into its products. A hardware vendor may wish to include
- KERMIT with its standard software. A software house may wish to incorporate
- KERMIT protocol into its communications package, or to distribute it along
- with some other product. A timesharing vendor or dialup database may wish to
- provide KERMIT for downloading. All these uses of KERMIT are permissible,
- with the following provisos:
-
- . A KERMIT program may not be sold as a product in and of itself. In addition
- to violating the prevailing spirit of sharing and cooperation, commercial
- sale of a product called "KERMIT" could violate the trade mark which is held
- on that name by Henson Associates, Inc., creators of THE MUPPET SHOW.
-
- . Existing KERMIT programs and documentation may be included with hardware or
- other software as part of a standard package, provided the price of the
- hardware or software product is not raised significantly beyond costs of
- reproduction of the KERMIT component.
-
- . KERMIT protocol may be included in a multi-protocol communication package as
- one of the communication options, or as a communication feature of some
- other kind of software package, in order to enhance the attractiveness of the
- package. KERMIT protocol file transfer and management should not be the
- primary purpose of the package. The price of the package should not be
- raised significantly because KERMIT was included, and the vendor's literature
- should make a statement to this effect.
-
- . Credit for development of the KERMIT protocol should be given to the Columbia
- University Center for Computing Activities, and customers should be advised
- that KERMIT is available for many systems for only a nominal fee from
- Columbia and from various user group organizations, such as DECUS and SHARE.
-
- Columbia University may grant permission to any person or institution to
- develop a KERMIT program for any particular system. A commercial institution
- that intends to distribute KERMIT under the conditions listed above should be
- aware that other implementations of KERMIT for the same system may appear in
- the standard KERMIT distribution at any time. Columbia University encourages
- all developers of KERMIT software and documentation to contribute their work
- back to Columbia for further distribution.
-
- Finally, Columbia University does not warrant in any way the KERMIT software
- nor the accuracy of any related documentation, and neither the authors of any
- KERMIT programs or documentation nor Columbia University nor any other
- contributing institutions acknowledge any liability resulting from program or
- documentation errors.
-
- These are general guidelines; this is not a legal document to be searched for
- loopholes. To date, KERMIT has been freely shared by all who have taken the
- time to do work on it, and no formal legalities have proven necessary. The
- guidelines are designed to allow commercial enterprises to participate in the
- promulgation of KERMIT without seriously violating the KERMIT user community's
- trust that KERMIT will continue to spread and improve at no significant cost to
- themeselves. The guidelines are subject to change at any time, should more
- formal detail prove necessary.
-
- Commercial organizations wishing to provide KERMIT to their customers should
- write a letter stating their plans and their agreement to comply with the
- guidelines listed above. The letter should be addressed to:
-
- KERMIT Distribution
- Columbia University Center for Computing Activities
- 612 West 115th Street
- New York, NY 10025
-