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

[James LewisMoss <jimdres@mindspring.com>]

>>>>> On 30 Jun 2000 18:49:01 +0200, Henning Makholm <henning@makholm.net> said:

 >> 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.

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

This reads to me just as a no warranty clause.  If this blows up your
car and sells your children into slavery it's not our problem so don't
bug us yadda yadda yadda.

Jim

-- 
@James LewisMoss <dres@debian.org>      |  Blessed Be!
@    http://jimdres.home.mindspring.com |  Linux is kewl!
@"Argue for your limitations and sure enough, they're yours." Bach