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Re: Export clauses in XFree86 licensing

On Tuesday, Sep 16, 2003, at 16:19 US/Eastern, Henning Makholm wrote:

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.

Well, I'm a US citizen so they already apply to me, but it seems non-free to make e.g., the Finnish comply with "all export and import control laws and regulations of the U.S. government" Especially things like the EAR's definition of "munitions."

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

This might be interpretable to make someone follow e.g., U.S. patents on software, even where such patents are not otherwise enforceable.

 or (ii) breaches any representation or warranty,
express, implied or statutory, which under any applicable law it might be
deemed to have been distributed.

I have no idea what this means! Could it be that if XFree86 is distributed by someone representing it supports video card X, I can't distribute a version that doesn't? That'd be a serious problem with DFSG 3, of course.

Or does it just mean I can't claim it supports card X when it doesn't?

Or does it mean that I can't disclaim warranty?

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.

This seems non-free and even undistributable by Debian. Debian would need to create and update this page.

Not sure which portions of XFree this license applies to, but I bet I can come up with some material. I'll then just mail -legal about it and Debian will have to put up a page describing it.

 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.

Cool! "related documentation ... or collateral in which [Debian] describes end user's rights relating to the Subject Software" We describe the end user's rights relating to that software --- as well as all other software in Debian --- at <http://www.debian.org/social_contract.html>; this should be fun.

 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.

So Debian would be compelled to notify all our users about it with steps "reasonably calculated to inform those who received the Subject Software." Not sure what those steps would have to be, but I'd assume fairly extensive. I doubt even mailing -announce would be enough.

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 is doable, though it'd require Debian to do a lot of book keeping ("if we learn of infringement in X, notify Y. If we learn about it in Z, notify...")

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