Re: why is graphviz package non-free?
Glenn Maynard wrote:
This is questionable. I modify your work, removing a feature that somebody
likes, and sell it. That somebody, as a result ("caused by the act") of me
removing that feature in my redistribution, decides to sue you for allowing
me to do so.
You only idemnify the author "to the extent caused by." This lawsuit is
not caused by your modification; rather it is caused entirely by the
plantiff's misunderstanding of relevant law and by the author's decision
on how to license his software.
In the cases where the suit isn't frivelous, its far more reasonable for
you to pay for the defense of claims arising out of your actions the for
the author to. Especially since you're making money off of it.
FYI, we have similar clauses in main. One big one is X, its associated
libraries, and many of the associated programs. Below is one example (it
seems to appear in the copyright file many, many times) and it even
includes non-commercial use:
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 Subject Software or out of
any representation or warranty made by Recipient.