Re: The license

[john@dhh.gt.org]

Robert Levin quotes:
> In the event an intellectual property claim is made or appears likely to
> be made with respect to the Software, you agree to permit IBM to enable
> you to continue to use the Software, or to modify it, or replace it with
> software that is at least functionally equivalent.  If IBM determines
> that none of these alternatives is reasonably available, you agree, at
> IBM's request, upon notice to you, to discontinue further distribution of
> the Software and to delete or destroy all copies of the Software you
> possess.  This is IBM's entire obligation to you regarding any claim of
> infringement.

This could be clearer, but it says that if IBM thinks it is about to be
sued for infringing a copyright or patent by releasing the Software and
doesn't feel like incurring any legal expenses it can order all copies of
the Software destroyed.  This a revocable license and does not comply with
the DFSG.

I could accept a clause granting IBM these rights in the case that a court
order is issued requiring the destruction of or payment of royalties for
copies of the Software, but the mere perception of a threat of legal action
is not enough.

Does IBM put a clause like this in its commercial licenses?  
-- 
John Hasler                This posting is in the public domain.
john@dhh.gt.org		   Do with it what you will.
Dancing Horse Hill         Make money from it if you can; I don't mind.
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