Ben Finney <ben+debian@benfinney.id.au> wrote:
(b) For Source Code and executable versions of any Derivative Works that
You create for external use to your organization, the following notice
must be provided at the top level (e.g. main screen of an application)
"This application is based on the ISDA CDS Standard Model (version x.x),
developed and supported in collaboration with Markit Group Ltd." where
"x.x" refers to the version of the ISDA CDS Standard Model on which Your
Derivative Work is based. It is understood that a work that includes
data derived from calculations that have been attained by using the ISDA
CDS Standard Model, and is not Source Code or an executable version of
any Derivative Work that You may create for external use to your
organization, shall not be subject to the provisions of this Section.
This seems similar to the requirement in the GPL to display
"Appropriate Legal Notices". However, it specifies the exact text
that must be used, so it is a bit more restrictive. I do not know
what the ftpmasters will think of it.
6. Indemnity for Use of ISDA CDS Standard Model in Derivative Works.
You hereby agree to indemnify Licensor for any liability incurred by the
Licensor as a result of the distribution, purchase, sale or use of Your
Derivative Work.
The view of the ftpmasters on indemnification are still a mystery to
me. My copy of
/usr/share/doc/xserver-xorg-video-v4l/copyright
has
11. Indemnity. Recipient shall be solely responsible for damages
arising, directly or indirectly, out of its utilization of rights
under this License. Recipient will defend, indemnify and hold
harmless Silicon Graphics, Inc. from and against any loss,
liability, damages, costs or expenses (including the payment of
reasonable attorneys fees) arising out of Recipient's use,
modification, reproduction and distribution of the Subject Software
or out of any representation or warranty made by Recipient.
so either xserver-xorg-video-v4l has to be removed or the ftpmasters
think it is ok.
9. Acceptance and Termination.
(a) Except as provided in subparagraph (b) of this Paragraph, this
License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach.
(b) If, at any time, You expressly assented to this License, that assent
indicates your clear and irrevocable acceptance of this License and all
of its terms and conditions. If You distribute or communicate copies of
the ISDA CDS Standard Model or a Derivative Work, You must make a
reasonable effort under the circumstances to obtain the express assent
of recipients to the terms of this License.
This is a bigger issue. Requiring explicit assent for licenses is not
something that Debian generally does. It is possible to do it (the
sun-java packages require you to agree to the licence), but it is
unprecedented for a license in main.
10. Termination for Patent Action.
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the date
You commence an action, including a cross-claim or counterclaim, against
Licensor or any licensee alleging that the ISDA CDS Standard Model or a
Derivative Work infringes a patent. This termination provision shall not
apply for an action alleging patent infringement by combinations of the
ISDA CDS Standard Model or a Derivative Work with other software or
hardware.
I remember this kind of clause being controversial at one point, but I
think that the ftpmasters don't have a problem with it.
12. Miscellaneous.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by New York law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this
License(excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in New York City, under the auspices of JAMS/End
Dispute; and (c) any litigation relating to this agreement shall be
subject to the jurisdiction of the Federal Courts of the Southern
District of New York, with venue lying in New York County, with the
losing party responsible for costs, including without limitation, court
costs and reasonable attorneys fees and expenses. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that
the language of a contract shall be construed against the drafter shall
not apply to this License.
Choice of law and venue. Yucky. The QPL has it (see, for example,
deal.ii), so ftpmasters must think it is ok. I do not know of any
analogous "loser pays" provisions in any licenses in main.
Cheers,
Walter Landry
wlandry@caltech.edu