[fsf-community-team] [action] veetle vlc and gpl

[Simon Bridge]

Veetle (www.veetle.com) is a popular video-streaming application and
service. estimix values the veetle site at $650k with 115000 daily
uniques. http://www.estimix.com/www.veetle.com/

It uses VLC alongside its own, proprietary, programs to work.

Its own eula strongly asserts restrictive rights cart blanche to all
computer programs accompanying it (see below).

VLC accompanies it, and is prior licensed under GPL.

VLC folk seem to be aware of this, but are happy for this to continue.
https://forum.videolan.org/viewtopic.php?f=18&p=236822
 they assert that the veetle eula is only intended to cover the non-gpl
part of the accompanying programs.

However, I don't think this is clear in the packaging. They do not
provide a copy of the GPL, nor indicate anywhere that not all the
programs are covered by their own license.

It is hard to find their eula on their web page, and I have yet to find
mention of vlc or gpl anywhere. It seems that an end user of veetle
would need to be familiar with vlc and free software to know to exercise
their rights. Indeed - paragraph 13 of the eula asserts that it [the
eula] is the *only* agreement involved - this cannot be true if the gpl
is another agreement.

This appears to undermine a key intent of the gpl, vis: making end users
aware of their freedoms.

It seems to me that veetle should be asked to explicitly list exceptions
to their eula in their license and provide a copy of the gpl (or at
least a link to the terms).

Such request ideally comes from the VLC maintainers - perhaps someone
who is a member of the list and the vlc list, linked above, can draw
attention to this?

Since veetle uses VLC, it is also possible to use VLC to view its
streams ... perhaps it would be useful to make this easier for
non-technical users?

Lastly, it is not clear how this company expects to benifit from a
non-free license. Surely it is in their interests to allow access by a
wide range of clients? Perhaps there is a way of approaching them about
this?


> 
> VEETLE END USER LICENSE AGREEMENT
> 
>     BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND 
> RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). YOU WILL 
> BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU 
> ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS 
> OF THIS EULA.
> 
> This EULA is a binding legal agreement between you and Veetle, Inc. 
> (hereinafter "Licensor") for the materials accompanying this EULA, including 
> the accompanying computer software, associated media, printed materials and 
> any "online" or electronic documentation (hereinafter the "Software"). By 
> installing the Software, you agree to be bound by the terms of this EULA. If 
> you do not agree to the terms of this EULA, do not install or attempt to use 
> the Software.
> 
> 1.         Grant of License
> The Software is protected by copyright laws and international copyright 
> treaties, as well as other intellectual property laws and treaties. The 
> Software is licensed, not sold. 
> 
> This EULA grants you the following rights:
>             A.         You may install, use, access, display and run the 
> Software, on a single computer, workstation or terminal ("Computer") for your 
> personal use only. The primary user of the Computer on which the Software is 
> installed may make a second copy for his or her exclusive use for archival 
> purposes only.
> 
>             B.         You may store or install a copy of the Software on a 
> storage device, such as a network server, used only to run the Software on 
> your other Computers over an internal network. You must, however, acquire a 
> license for each separate Computer on which the Software is run, displayed or 
> utilized from the server or similar device. A license for the Software may 
> not be 
> shared or used concurrently on different Computers.
> 
>             C.         Your license rights under this EULA are non-exclusive. 
> All rights not expressly granted herein are reserved by Licensor.
> 
>             D.         You may not sell, transfer or convey the Software to 
> any third party without Licensor's prior express written consent.
> 
> 2.         Price and Payment
>            This Software is free. 
> 
> 3.         Support Services
>            Licensor may provide you with support services related to the 
> Software ("Support Services"), at its discretion. Use of Support Services, if 
> any, is governed by Licensor's policies and programs described in any users 
> manual, in online documentation, and/or in other Licensor-provided materials. 
> Any supplemental Software code provided to you as a part of Support Services 
> will be considered part of the Software and subject to the terms of this 
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> With respect to technical information you provide to Licensor as part of the 
> Support Services, Licensor may use such information for its business 
> purposes, including for product support and development. Licensor will not 
> utilize such technical information in a form that personally identifies you 
> except to the extent necessary to provide you with support.
> 
>             This EULA is a license of the Software only, and Licensor does 
> not assume any obligation to provide maintenance, patches or fixes to the 
> Software. Licensor further disclaims any obligation to provide support or to 
> prepare and distribute modifications, enhancements, updates and new releases 
> of the Software.
> 
> 4.         Replacement, Modification and/or Upgrades
>             Licensor may, from time to time, and for a fee, replace, modify 
> or upgrade the Software. When accepted by you, any such replacement or 
> modified Software code or upgrade to the Software will be considered part of 
> the Software and subject to the terms of this EULA (unless this EULA is 
> superceded by a further EULA accompanying such replacement or modified 
> version 
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> 
> 5.         Termination
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> are required to remove the Software from your computer and destroy any copies 
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> 6.         Copyright
>             A.         All title and copyrights in and to the Software 
> (including but not limited to any images, photographs, animations, video, 
> audio, music and text incorporated into the Software), the accompanying 
> printed materials, and any copies of the Software, are owned by Licensor or 
> its 
> suppliers. This EULA grants you no rights to use such content. If this 
> Software contains documentation that is provided only in electronic form, you 
> may print one copy of such electronic documentation. Except for any copies of 
> this EULA, you may not copy the printed materials accompanying the Software.
> 
>             B.         You may not reverse engineer, de-compile, disassemble, 
> alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, 
> create derivative works from, distribute or provide others with the Software 
> in whole or part, transmit or communicate the application over a network.
> 
> 7.         Export Restrictions
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> violation of any applicable law or regulation including but not limited to 
> Export Administration Regulations issued by the U. S. Department of Commerce.
> 
> 8.         Disclaimer of Warranties
>            LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND 
> WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND 
> CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT 
> NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF 
> MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF 
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> 10.       Arbitration
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> arbitration by a single Arbitrator with the American Arbitration Association 
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> accordance with the laws of the State of California. The arbitration will be 
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> 
> 11.       Severability
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> 12.       No Waiver
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> unless contained in writing signed by a duly authorized representative of the 
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> 
> 13.       Entire Agreement
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