Re: ITP: squeak-vm, squeak-image, squeak-sources -- A highly portable Smaltalk system
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On Saturday 02 June 2001 7:37 pm, John Hasler wrote:
> Wolfgang writes:
> > That "weirdness" is a right.
>
> If you think about it carefully you will see that it is exactly the
> opposite.
>
> > So if Apple asks to give up that right to be able to use that
> > program, then it is a restriction.
>
> Apple is asking no one to give up anything. They are merely
> attempting to comply with the law.
>
> > And as such this license is not free.
>
> Then neither is the GPL.
I am almost sorry I started this thread now.
Nobody ever claimed that the license was free in the DFSG sense (it is
most assuredly non-free because of the restrictions on distribution of
fonts). I am more interested in whether it can be packaged for the
archive even as non-free (in fact non-us/non-free). Following some
discussion on OPN earlier I am not so sure that it can.
as a reminder, the license is available at:
http://people.debian.org/~bagpuss/copyright
for anyone who wishes to look at it.
5. Indemnification. You agree to indemnify and hold Apple harmless
from any and all damages, liabilities, costs and expenses (including
but not limited to attorneys' fees and costs of suit) incurred by
Apple as a result of any claim, proceeding, and/or judgment to the
extent it arises out of or is connected in any manner with the
operation, use, distribution or modification of Modified Software, or
the combination of Apple Software or Modified Software with other
programs; provided that Apple notifies Licensee of any such claim or
proceeding in writing, tenders to Licensee the opportunity to defend
or settle such claim or proceeding at Licensee's expense, and
cooperates with Licensee in defending or settling such claim or
proceeding.
aj and others seemed to be pretty worried about clause 5 of the
license. What *I* think it means is 'if you want to sue us then you
have to pay our lawyers fees in order to do so'. However I could see
the point that some people made who thought that this clause may entail
Debian being held accountable and responsible for any legal costs
incurred by Apple in any action pertaining to the software.
If this *is* the case and Debian could be seen to be responsible and
have to pay up under this clause even if Debian were not the plaintif
in the particular case then I agree with the feeling I got from people
on OPN tonight in that it probably should not be packaged and
distributed by us. (which is a damn shame as the packaging is all
finished and ready to go now, and I seriously do feel that it would be
a useful and valuable addition to the archive).
I am attempting to find a contact email address for someone at Apple
who might be able to clarify the point, however I am not holding out
much hope of finding one before Monday (a search through the Apple
website failed to find any likely looking address. I do have a phone
number for Apple UK customer relations, so I am hoping that they might
be able to furnish me with some contact information. I will have to
wait for office hours to contact them though). If anyone happens to
already have contact information of this nature then I would be glad to
hear from them.
In the meantime any thoughts anyone has on the matter are welcome (if
flames then please direct them to my personal mailbox and not to the
list. I am thick skinned but some people just get bored and annoyed at
all the flamey noise)
[*thinking of asking for a debian-flames list*]
Thanks, and apologies for the flames some have seen fit to fan from
what was supposed to be a fairly simple ITP and request for advice
concerning the license.
- --
Stephen Stafford
GPG public key on request
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