Legal issues (was: Re: NSScrollView/NSClipView resizing. (fwd) <VirusChecked>)

[Lars Sonchocky-Helldorf]

>while the "same" MacOSX Examples sources contain:

    IMPORTANT:  This Apple software is supplied to you by Apple
    Computer, Inc. ("Apple") in consideration of your agreement to the
    following terms, and your use, installation,  modification or
    redistribution of this Apple software constitutes acceptance of
    these  terms.  If you do not agree with these terms, please do not
    use, install, modify or  redistribute this Apple software.

    In consideration of your agreement to abide by the following
    terms, and subject to these  terms, Apple grants you a personal,
    non-exclusive license, under AppleÕs copyrights in  this original
    Apple software (the "Apple Software"), to use, reproduce, modify
    and  redistribute the Apple Software, with or without
    modifications, in source and/or binary  forms; provided that if
    you redistribute the Apple Software in its entirety and without
    modifications, you must retain this notice and the following text
    and disclaimers in all  such redistributions of the Apple
    Software.  Neither the name, trademarks, service marks  or logos
    of Apple Computer, Inc. may be used to endorse or promote products
    derived from  the Apple Software without specific prior written
    permission from Apple. Except as expressly stated in this notice,
    no other rights or licenses, express or implied, are granted by
    Apple herein, including but not limited to any patent rights that
    may be infringed by your  derivative works or by other works in
    which the Apple Software may be incorporated.

    The Apple Software is provided by Apple on an "AS IS" basis.
    APPLE MAKES NO WARRANTIES,  EXPRESS OR IMPLIED, INCLUDING WITHOUT
    LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
    MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING
    THE APPLE SOFTWARE OR ITS  USE AND OPERATION ALONE OR IN
    COMBINATION WITH YOUR PRODUCTS.

    IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT,
    INCIDENTAL OR CONSEQUENTIAL  DAMAGES (INCLUDING, BUT NOT LIMITED
    TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS  OF USE,
    DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT
    OF THE USE,  REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE
    APPLE SOFTWARE, HOWEVER CAUSED AND  WHETHER UNDER THEORY OF
    CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
    OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGE.


>in addition to the Copyright... All rights reserved.
>
>Therefore, while we could put a copy of the MacOSX Examples on GNUstep
>site and  have them compile and  run on GNUstep,  we cannot distribute
>any modified copy.

Could you explain that a little bit closer? Where exactly is the pitfall? 
I as a layman in law read that completely different:

    In consideration of your agreement to abide by the following
    terms, and subject to these  terms, Apple grants you a personal,
    non-exclusive license, under Apple's copyrights in  this original
    Apple software (the "Apple Software"), to use, reproduce, modify
    and  redistribute the Apple Software, with or without
    modifications, in source and/or binary  forms;

that would I interpret as the right to do nearly everything with that 
software. The only terms I don't know of what exactly they should express 
are: "personal,
non-exclusive license" and "under Apple's copyrights in  this original Apple 
software (the "Apple 
Software")"

    provided that if
    you redistribute the Apple Software in its entirety and without
    modifications, you must retain this notice and the following text
    and disclaimers in all  such redistributions of the Apple
    Software.

doesn't that mean (implicit) that if you modify that examples you aren't 
forced to retain this notice?

    Neither the name, trademarks, service marks  or logos
    of Apple Computer, Inc. may be used to endorse or promote products
    derived from  the Apple Software without specific prior written
    permission from Apple. Except as expressly stated in this notice,
    no other rights or licenses, express or implied, are granted by
    Apple herein, including but not limited to any patent rights that
    may be infringed by your  derivative works or by other works in
    which the Apple Software may be incorporated.

Well, that reads very poisonous. But isn't that mainly the protection of 
their trademarks and stuff from missuse and the protection of patent 
issues in which they won't get involved. Please correct me if I am wrong 
here, as i said I am a layman in that area. If that license really keeps 
one from open sourcing derived work I wan't to know that since I planned 
to use some examples from apple 
(http://developer.apple.com/samplecode/Sample_Code/Cocoa/Moriarity.htm a Cocoa 
GUI that wraps command-line functionality) for an open source project.

greetings, Lars