On Wed, 09 Mar 2005 10:21:57 +0100 Josselin Mouette wrote: [...] > The Source Code for any > version of Licensed Product or Modifications that you distribute must > remain available for at least twelve (12) months after the date it > initially became available, or at least six (6) months after a > subsequent version of said Licensed Product or Modifications has been > made available. You are responsible for ensuring that the Source Code > version remains available even if the Electronic Distribution > Mechanism is maintained by a third party. Mmmmh... This worries me. It smells like a distribution restriction: does it pass DFSG#1? > > c. Intellectual Property Matters. > > i. Third Party Claims. If > you have knowledge that a license to a > third > party's intellectual property right is required to exercise the rights > granted by this License, you must include a text file with the Source > Code distribution titled "LEGAL" that describes the claim and the > party making the claim in sufficient detail that a recipient will know > whom to contact. If you obtain such knowledge after you make any > Modifications available as described in Section 4(b), you shall > promptly modify the LEGAL file in all copies you make available > thereafter and shall take other steps (such as notifying appropriate > mailing lists or newsgroups) reasonably calculated to inform those who > received the Licensed Product from you that new knowledge has been > obtained. Is this acceptable? A dissident that learns about a legal issue, must inform those to whom he/she distributed the Licensed Product, do I understand it correctly? Even *after* the dissident has performed the distribution? [...] > b. Termination Upon Assertion of Patent Infringement. If you > initiate litigation by asserting a patent infringement claim > (excluding declaratory judgment actions) against Licensor or a > Contributor (Licensor or Contributor against whom you file such an > action is referred to herein as Respondent) alleging that Licensed > Product directly or indirectly infringes any patent, then any and all > rights granted by such Respondent to you under Sections 1 or 2 of this > License shall terminate prospectively upon sixty (60) days notice from > Respondent (the "Notice Period") unless [...] Terminates all rights (copyright and patent license) upon patent infringement claim against Licensor or Contributor regarding the software itself. IIRC, there was no clear consensus about such a clause, since it uses copyright license termination to defend against software patent sues. [...] > 13. Miscellaneous. [...] This License > shall be governed by California law provisions (except to the extent > applicable law, if any, provides otherwise), excluding its > conflict-of-law provisions. Choice of law, which is acceptable. > You expressly agree that any litigation > relating to this license shall be subject to the jurisdiction of the > Federal Courts of the Northern District of California or the Superior > Court of the County of Santa Clara, California (as appropriate), with > venue lying in Santa Clara County, California, with the losing party > responsible for costs including, without limitation, court costs and > reasonable attorneys fees and expenses. Choice of venue, which is non-free. > [...] You and Licensor expressly waive any rights to a > jury trial in any litigation concerning Licensed Product or this > License. Is this a bad thing? I mean: does it do any harm? > Any law or regulation that provides that the language of a > contract shall be construed against the drafter shall not apply to > this License. It's a kind of magic, I suppose! ;-) Can I write my own license that says "any law or regulation that I don't like shall not apply to this license"? Would it mean that I magically nuke laws as I like? -- Today is the tomorrow you worried about yesterday. ...................................................................... Francesco Poli GnuPG Key ID = DD6DFCF4 Key fingerprint = C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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