[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Problems with the SGI Free Software License B (as well as the GLX License)

from the SGI Free Software License B:

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.

...This enables SGI to terminate your rights to use
the software or even sue you even if you've done
nothing to them. And it also fails this part of the
Q: Can I say I reserve my right to withdraw your
license if anyone claims they have copyright [or
patent rights] to the program?

A: This is non-free because (among other things) it
fails the Tentacles of Evil test. However it would be
okay to say use of this software is at your own risk;
this includes the risk of violating the patents or
copyrights of third parties, which is the sole
responsibility of the user and for which the
software's authors are not responsible.

There are also some other problems:

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.

- Require indemnification is quite annoying.



Reply to: