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



>>>>> On 07 Jul 2000 16:29:26 +0200, Henning Makholm <henning@makholm.net> said:

 Henning> Scripsit James LewisMoss <jimdres@mindspring.com>
 >> It's not SGI can sue you if you use their software to compete with
 >> them.

 Henning> Why not? Their agreement says that I must indemnify their
 Henning> losses if my use of the program cause them to lose money.

 Henning> If you want to claim that it does not say that, then pleas
 Henning> point to the place where my readiong breaks down instead of
 Henning> just asserting that I am wrong.

Please.  I was not asserting.  I was asking a question of Mr Hoffman.
Here's the full text:

   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.

The main sentence of this section is "Recipient shall be solely
responsible for damages arising, directly or indirectly, out of its
utilization of rights under this License."  The sentence you are
harping on is a clarification of this sentence.  This sentence (hey
I'm not a lawyer so of course I could be wrong (which is why I asked
the question)) says to me that if the software hurts you it's your own
damn problem.

 >> It's if someone uses their software they've gotten from you and
 >> that someone sues SGI takes no responsibility for that someone

 Henning> It *also* says that. But it's not all it says.

Is that clear enough for you?  Should I say it again?  I'm asserting
that I think you are wrong and that is my reasoning.

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



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