Re: Computer Associates Trusted Open Source License
> 3.6 If Contributor has knowledge that a license under a third party’s intellectual
> property rights is required to exercise the rights granted by such Contributor under
> Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program
> source code distribution titled “../IP_ISSUES”, and (b) notify CA in writing at
> Computer Associates International, Inc., One Computer Associates Plaza,
> Islandia, New York 11749, Attn: Open Source Group or by email at
> opensource@ca.com, both describing the claim and the party making the claim in
> sufficient detail that a Recipient and CA will know whom to contact with regard
> to such matter. If Contributor obtains such knowledge after the Contribution is
> made available, Contributor shall also promptly modify the IP_ISSUES file in all
> copies Contributor makes available thereafter and shall take other steps (such as
> notifying appropriate mailing lists or newsgroups) reasonably calculated to inform
> those who received the Program that such new knowledge has been obtained.
This would be worrying (when CA becomes unreachable), but section 11.3
addresses that:
> 11.3 If it is impossible for Recipient to comply with any of the terms of this License
> with respect to some or all of the Program due to statute, judicial order, or
> regulation, then Recipient must: (a) comply with the terms of this License to the
> maximum extent possible; and (b) describe the limitations and the code they
> affect. Such description must be included in the IP_ISSUES file described in
> Section 3.6 and must be included with all distributions of the Program source
> code. Except to the extent prohibited by statute or regulation, suc h description
> must be sufficiently detailed for a Recipient of ordinary skill to be able to
> understand it.
> 11.4 This License is governed by the laws of the State of New York. No Recipient
> will bring a legal action under this License more than one year after the cause of
> action arose. Each Recipient waives its rights to a jury trial in any resulting
> litigation. Any litigation or other dispute resolution between a Recipient and CA
> relating to this License shall take place in the State of New York, and Recipient
> and CA hereby consent to the personal jurisdiction of, and venue in, the state and
> federal courts within that district with respect to this License. The application of
> the United Nations Convention on Contracts for the International Sale of Goods is
> expressly excluded.
Waiving the right to a jury trial seems unreasonable, as does the
explicit expiration time of 1 year (under US law, copyright
infringement has a 3 year statute of limitations). Also has choice of
venue. It otherwise seems like a fair license (strong copyleft with
license version upgrades at the choice of each contributor).
Michael Poole
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