Export clauses in XFree86 licensing
I just discovered that some of the copyright statements in xfree86's
copyright file have clauses that we usually consider non-free.
Normally I'd just file a bug, but given that the maintainer of
xfree86 is commonly known to know what he's doing, I'll ask here
in advance: What is it that I am missing? Did we change our
interpretation recently such that the clauses below now meet the
DFSG?
(from the "GLX PUBLIC LICENSE", and as far as I can eyeball also repeated
verbatim in the "CID FONT CODE PUBLIC LICENSE":)
7. Compliance with Laws; Non-Infringement. Recipient shall comply with all
applicable laws and regulations in connection with use and distribution of
the Subject Software, including but not limited to, all export and import
control laws and regulations of the U.S. government and other countries.
Recipient may not distribute Subject Software that (i) in any way infringes
(directly or contributorily) the rights (including patent, copyright, trade
secret, trademark or other intellectual property rights of any kind) of any
other person or entity or (ii) breaches any representation or warranty,
express, implied or statutory, which under any applicable law it might be
deemed to have been distributed.
8. Claims of Infringement. If Recipient at any time has knowledge of any one
or more third party claims that reproduction, modification, use, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual property rights, Recipient must place in a well-identified web page
bearing the title "LEGAL" a description of each such claim and a description
of the party making each such claim in sufficient detail that a user of the
Subject Software will know whom to contact regarding the claim. Also, upon
gaining such knowledge of any such claim, Recipient must conspicuously
include the URL for such web page in the Exhibit A notice required under Sec-
tions 2 and 3, above, and in the text of any related documentation, license
agreement or collateral in which Recipient describes end user's rights relat-
ing to the Subject Software. If Recipient obtains such knowledge after it
makes Subject Software available to any other person or entity, Recipient
shall take other steps (such as notifying appropriate mailing lists or news-
groups) reasonably calculated to inform those who received the Subject Soft-
ware that new knowledge has been obtained.
(From the "SGI FREE SOFTWARE LICENSE B"):
7. Claims of Infringement. If Recipient learns of any third party claim
that any disposition of Covered Code and/or functionality wholly or
partially infringes the third party's intellectual property rights,
Recipient will promptly notify SGI of such claim.
--
Henning Makholm "En tapper tinsoldat. En dame i
spagat. Du er en lykkelig mand ..."
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