I'm in doubt about the license of devel/plan9port

[Serge Gagnon]

Hello,
I'm in doubt about the license of my ports devel/plan9port, then i
decided to mark it RESTRICTED.

The author of the software contact me and tell me that he think that
his software shouldn't not be mark RESTRICTED.

However, his software (plan9port AKA:"Plan 9 from User Space"
http://swtch.com/plan9port) is a port of another software ( Plan 9 from
Bell Labs http://www.cs.bell-labs.com/plan9dist) to UNIX.

The lines in the LICENSE that made me think that it couldn't be
redistributed as a package is:

"The bitmap fonts in the font/lucida directory are copyright B&H Inc.
and Y&Y Inc. and distributed under the following exception to the
Lucent license:

   No right is granted to create derivative works of or
   to redistribute (other than with the Plan 9 Operating System)
   the screen imprinter fonts identified in subdirectory
   font/lucida.  This directory contains material copyrights by
   B&H Inc. and Y&Y Inc."

Full LICENSE can be downloaded here:
http://cvs.pdos.csail.mit.edu/cvs/plan9/LICENSE

IMHO plan9port is not "Plan 9 from Bell Labs" nor "_the_ Plan 9
Operating System" or just "an operating system". It is a certain amount
of softwares that come _from_ "Plan 9 from Bell Labs" to UNIX. It is
plan9port.

The author replied me about what i think about that:
"I would argue that distribution of the fonts with plan9port
counts as being with the Plan 9 Operating System, since
that's what plan9port is, just a port of the Plan 9 Operating System
software to Unix systems.

If you pulled the fonts out and distributed them with some
other piece of software, that wouldn't be allowed.  But I think
distribution with plan9port is fine."

The author seems to be a _very_ good programmer, but i don't know what
an _average_ lawyer think about that.

However, i found a NOTICE
http://cvs.pdos.csail.mit.edu/cvs/plan9/font/lucida/NOTICE
in the fonts/lucida directory that tell

"This directory contains Bigelow & Holmes Lucida® fonts
as licensed by Y&Y Inc., 45 Walden Street, Concord, Massachusetts,
01742, USA. Copyright © 1993 Bigelow & Holmes Inc.

Y&Y LUCIDA FONT SOFTWARE LICENSE AGREEMENT

NOTICE TO USER:

THE FONTS IN THIS DIRECTORY ARE COVERED BY THE
PLAN 9 OPEN SOURCE LICENSE AGREEMENT, IN PARTICULAR
PARAGRAPH 2.2:

2.2 No right is granted to Licensee to create derivative works of or
to redistribute (other than with the Original Software or a derivative
thereof) the screen imprinter fonts identified in subdirectory
/lib/font/bit/lucida and printer fonts (Lucida Sans Unicode, Lucida
Sans Italic, Lucida Sans Demibold, Lucida Typewriter, Lucida Sans
Typewriter83), identified in subdirectory /sys/lib/postscript/font.

Lucida is a registered trademark of Bigelow & Holmes Incorporated.
PostScript is a registered trademark of Adobe Systems Incorporated."

I don't speak english, then i'm not sure about the part "other than
with the Original Software or a derivative thereof".
Is the "derivative thereof" could means "plan9port
http://swtch.com/plan9port" ? Is the NOTICE that i found in the
fonts/lucida directory have priority on the LICENSE that cannot talk
about "derivative" ?

So, if someone here are some knowledge/experience about license and can
answer me if i should or shouldn't remove the RESTRICTED in my port,
i'll pay him a beer if he comes to Quebec city ;)

-- 
GAGNON serge <serge.gagnon at b2b2c.ca>
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