On Thu, 08 Jun 2006 20:40:09 +0200 Henning Makholm wrote: > Scripsit Roger Leigh <rleigh@whinlatter.ukfsn.org> > > > Is the IBM Common Public Licence version 1.0 (below) considered > > DFSG-free? > > We have software under this licence in main already, notably postfix > and graphviz. The license has been discussed explicitly on > debian-legal at least once [1] and no flaws big enough to cause it to > be considered non-free were discovered. > > [1] http://lists.debian.org/debian-legal/2005/01/msg00297.html > > For my attempt to summarize the 2005 discussion, see > http://lists.debian.org/debian-legal/2005/01/msg00847.html Wait! I re-read that thread and then reviewed the license text. I think I spotted a pair of issues that weren't noticed back in January 2005... Firstoff, the CPL states (at the end of section 3.): | Each Contributor must identify itself as the originator of its | Contribution, if any, in a manner that reasonably allows subsequent | Recipients to identify the originator of the Contribution. Does this mean that a Contributor is required to disclose his/her own real identity in order to exercise the rights granted by the license? I mean: may I be an anonymous Contributor? Being forced to disclose my own real identity is a significant restriction: it would render software under the CPL non-free (because it's a fee, see DFSG#1). Secondly, the last two sentences of the license are: | No party to this Agreement will bring a legal action under this | Agreement more than one year after the cause of action arose. Each | party waives its rights to a jury trial in any resulting litigation. Why cannot I bring a legal action more than one year after the cause of action? This could mean that an infringer will practically become statute-barred after one year, even if the applicable laws say otherwise. I don't see this as fair... Moreover and more concerning: why am I required to waive my rights to a jury trial in any resulting litigation? This seems to be a sort of fee (DFSG#1). > > The patent self-destruct feature of the license is quite restrained > and is within what we generally consider fair self-defense. I agree. -- :-( This Universe is buggy! Where's the Creator's BTS? ;-) ...................................................................... Francesco Poli GnuPG Key ID = DD6DFCF4 Key fingerprint = C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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