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Re: SGI Free SW license 1.1 compatability with Xfree86 style license

Scripsit "Marcelo E. Magallon" <mmagallo@debian.org>

> Attached is a text version converted using mswordview,

It looks mostly OK to me at first read.

The part that James worried about was

>        2.3. No License For Hardware Implementations. The licenses granted
>    in Section 2.1 and 2.2 are not applicable to implementation in
>    Hardware of the algorithms embodied in the Original Code or any
>    Modifications provided by SGI .

However the "algorithms embodied in the [source]" are not by
themselves protected by copyright - only the concrete expressions
of the algorithms that is the source are. Therefore this clause
does not restrict the *copyright* license and is thus irrelevant
when judging whether it fits the DFSG.

The clause might be relevant to patents in jurisdictions that allow
patents on algorithms. However, we normally do not worry about patents
when applying the DFSG.

>    Recipient may not distribute Covered Code that (i) in any way
>    infringes (directly or contributorily) any intellectual property
>    rights of any kind of any other person or entity or (ii) breaches any
>    representation or warranty, express, implied or statutory, to which,
>    under any applicable law, it might be deemed to have been subject.

This looks somewhat like a "you must follow the law" clause. I'm a
little unsure whether it has any legal significanse - if it has, it
would make the license non-free.

>    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.

This does not sound unreasonable to me, but perhaps someone would
cry "postcardware" at it?

>    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 Covered Code or out of any representation or
>    warranty made by Recipient.

That is a very broad clause: "Recipient will .. indemnify .. SGI from,
.. any loss ... arising out of Recipient's use .. of the Covered
Code". That seems to mean that if I use the software in a business
that competes successfully with SGI, they could sue me and demand
that I pay up for their lost profits. If that's a legal interpretation
I'd say this is quite nonfree.

Henning Makholm                      "They are trying to prove a hypothesis,
                             they are down here gathering data every season,
                       they're publishing results in peer-reviewed journals.
                     They're wrong, I think, but they are still scientists."

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