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Re: Export clauses in XFree86 licensing

On Tue, Sep 16, 2003 at 10:19:54PM +0200, Henning Makholm wrote:
> I just discovered that some of the copyright statements in xfree86's
> copyright file have clauses that we usually consider non-free.
> Normally I'd just file a bug, but given that the maintainer of xfree86
> is commonly known to know what he's doing, I'll ask here in advance:
> What is it that I am missing? Did we change our interpretation
> recently such that the clauses below now meet the DFSG?

Please don't make any assumption that I knew what I was doing there.  :)
Getting a comprehensive list of all licenses applicable to the bits in
XFree86 has been a major in the ass and even today I'm not sure it's
complete (the debian/copyright file in the 4.3.0 pre-releae packages is
1,327 lines).

I'd appreciate a re-analysis of the following.  As an interested party I
will sit it out if I can, and act upon the consensus of the participants
in the discussion.

> (from the "GLX PUBLIC LICENSE", and as far as I can eyeball also repeated
> verbatim in the "CID FONT CODE PUBLIC LICENSE":)

I believe that's the case because these are really just copies of the
"IBM Public License", a.k.a. "Common Public License", with the names
changed to protect the guilty.

> 7. Compliance with Laws; Non-Infringement. Recipient shall comply with all
> applicable laws and regulations in connection with use and distribution of
> the Subject Software, including but not limited to, all export and import
> control laws and regulations of the U.S. government and other countries.
> Recipient may not distribute Subject Software that (i) in any way infringes
> (directly or contributorily) the rights (including patent, copyright, trade
> secret, trademark or other intellectual property rights of any kind) of any
> other person or entity or (ii) breaches any representation or warranty,
> express, implied or statutory, which under any applicable law it might be
> deemed to have been distributed.
> 8. Claims of Infringement. If Recipient at any time has knowledge of any one
> or more third party claims that reproduction, modification, use, distribu-
> tion, import or sale of Subject Software (including particular functionality
> or code incorporated in Subject Software) infringes the third party's intel-
> lectual property rights, Recipient must place in a well-identified web page
> bearing the title "LEGAL" a description of each such claim and a description
> of the party making each such claim in sufficient detail that a user of the
> Subject Software will know whom to contact regarding the claim. Also, upon
> gaining such knowledge of any such claim, Recipient must conspicuously
> include the URL for such web page in the Exhibit A notice required under Sec-
> tions 2 and 3, above, and in the text of any related documentation, license
> agreement or collateral in which Recipient describes end user's rights relat-
> ing to the Subject Software. If Recipient obtains such knowledge after it
> makes Subject Software available to any other person or entity, Recipient
> shall take other steps (such as notifying appropriate mailing lists or news-
> groups) reasonably calculated to inform those who received the Subject Soft-
> ware that new knowledge has been obtained.
> 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.

G. Branden Robinson                |    Computer security is like an onion:
Debian GNU/Linux                   |    the more you dig in, the more you
branden@debian.org                 |    want to cry.
http://people.debian.org/~branden/ |    -- Cory Altheide

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