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Re: ISDA CDS Standard Model Public Licence v0.1

Ben Finney <ben+debian@benfinney.id.au> wrote:
> (b) For Source Code and executable versions of any Derivative Works that
> You create for external use to your organization, the following notice
> must be provided at the top level (e.g. main screen of an application)
> "This application is based on the ISDA CDS Standard Model (version x.x),
> developed and supported in collaboration with Markit Group Ltd." where
> "x.x" refers to the version of the ISDA CDS Standard Model on which Your
> Derivative Work is based. It is understood that a work that includes
> data derived from calculations that have been attained by using the ISDA
> CDS Standard Model, and is not Source Code or an executable version of
> any Derivative Work that You may create for external use to your
> organization, shall not be subject to the provisions of this Section.

This seems similar to the requirement in the GPL to display
"Appropriate Legal Notices".  However, it specifies the exact text
that must be used, so it is a bit more restrictive.  I do not know
what the ftpmasters will think of it.

> 6. Indemnity for Use of ISDA CDS Standard Model in Derivative Works.
> You hereby agree to indemnify Licensor for any liability incurred by the
> Licensor as a result of the distribution, purchase, sale or use of Your
> Derivative Work.

The view of the ftpmasters on indemnification are still a mystery to
me.  My copy of



  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.

so either xserver-xorg-video-v4l has to be removed or the ftpmasters
think it is ok.

> 9. Acceptance and Termination.
>  (a) Except as provided in subparagraph (b) of this Paragraph, this
>  License and the rights granted hereunder will terminate automatically
>  if You fail to comply with terms herein and fail to cure such breach
>  within 30 days of becoming aware of the breach.
> (b) If, at any time, You expressly assented to this License, that assent
> indicates your clear and irrevocable acceptance of this License and all
> of its terms and conditions. If You distribute or communicate copies of
> the ISDA CDS Standard Model or a Derivative Work, You must make a
> reasonable effort under the circumstances to obtain the express assent
> of recipients to the terms of this License.

This is a bigger issue.  Requiring explicit assent for licenses is not
something that Debian generally does.  It is possible to do it (the
sun-java packages require you to agree to the licence), but it is
unprecedented for a license in main.

> 10. Termination for Patent Action.
> This License shall terminate automatically and You may no longer
> exercise any of the rights granted to You by this License as of the date
> You commence an action, including a cross-claim or counterclaim, against
> Licensor or any licensee alleging that the ISDA CDS Standard Model or a
> Derivative Work infringes a patent. This termination provision shall not
> apply for an action alleging patent infringement by combinations of the
> ISDA CDS Standard Model or a Derivative Work with other software or
> hardware.

I remember this kind of clause being controversial at one point, but I
think that the ftpmasters don't have a problem with it.

> 12. Miscellaneous.
> This License represents the complete agreement concerning subject matter
> hereof. If any provision of this License is held to be unenforceable,
> such provision shall be reformed only to the extent necessary to make it
> enforceable. This License shall be governed by New York law provisions
> (except to the extent applicable law, if any, provides otherwise),
> excluding its conflict-of-law provisions. With respect to disputes in
> which at least one party is a citizen of, or an entity chartered or
> registered to do business in, the United States of America: (a) unless
> otherwise agreed in writing, all disputes relating to this
> License(excepting any dispute relating to intellectual property rights)
> shall be subject to final and binding arbitration, with the losing party
> paying all costs of arbitration; (b) any arbitration relating to this
> Agreement shall be held in New York City, under the auspices of JAMS/End
> Dispute; and (c) any litigation relating to this agreement shall be
> subject to the jurisdiction of the Federal Courts of the Southern
> District of New York, with venue lying in New York County, with the
> losing party responsible for costs, including without limitation, court
> costs and reasonable attorneys fees and expenses. The application of the
> United Nations Convention on Contracts for the International Sale of
> Goods is expressly excluded. Any law or regulation which provides that
> the language of a contract shall be construed against the drafter shall
> not apply to this License.

Choice of law and venue.  Yucky.  The QPL has it (see, for example,
deal.ii), so ftpmasters must think it is ok.  I do not know of any
analogous "loser pays" provisions in any licenses in main.

Walter Landry

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