Re: License of Doom3-BFG
On 06/10/14 17:43, Tobias Frost wrote:
> 1. Replacement of Section 15. Section 15 of the GPL
This is presumably GPL-3, since there is no §15 in the GPL-2.
> shall be deleted
> in its entirety and replaced with the following
Strictly speaking, I think this means they've placed Doom3-BFG under a
GPL-3-compatible non-GPL license with no name. Is this the lawyer
equivalent of defining an anonymous function? :-)
The relationship of this license to the GPL would be more obvious if
they'd phrased it in terms of:
The following supplementary terms apply and must be reproduced
in copies of the covered work, as described by section 7 of the
GPL: ...
but it's probably fine.
> "15. Disclaimer of
> Warranty. THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER
> EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
> WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
> TITLE AND MERCHANTABILITY. THE PROGRAM IS BEING DELIVERED OR MADE
> AVAILABLE "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR
> REPRESENTATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
> THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
> ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION."
Seems OK, and GPL-compatible under paragraph 7(a).
> 2. Replacement of Section 16. Section 16 of the GPL shall be deleted
> in its entirety and replaced with the following: "16. LIMITATION OF
> LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS
> AFFILIATES, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM
> AS PERMITTED ABOVE, BE LIABLE TO YOU, WHETHER IN AN ACTION OF
> CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES OR OTHER LIABILITY,
> INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
> CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
> CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER
> DEALINGS WITH THE PROGRAM(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
> DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
> PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
> PROGRAMS), WHETHER OR NOT ANY COPYRIGHT HOLDER OR SUCH OTHER PARTY
> RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES
> COULD HAVE BEEN FORESEEN."
Seems OK, and GPL-compatible under paragraph 7(a).
> 3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN. You must reproduce
> faithfully all trademark, copyright and other proprietary and legal
> notices on any copies of the Program or any other required author
> attributions. This license does not grant you rights to use any
> copyright holder or any other party’s name, logo, or trademarks.
> Neither the name of the copyright holder or its affiliates, or any
> other party who modifies and/or conveys the Program may be used to
> endorse or promote products derived from this software without
> specific prior written permission. The origin of the Program must not
> be misrepresented; you must not claim that you wrote the original
> Program. Altered source versions must be plainly marked as such, and
> must not be misrepresented as being the original Program.
Seems OK, and GPL-compatible under 7(b) to 7(e)
> 4. INDEMNIFICATION. IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY
> RECIPIENT OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR
> THAT COVERED WORK, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD
> HARMLESS THE OTHER LICENSORS AND AUTHORS OF THAT COVERED WORK FOR ANY
> DAMAEGS, DEMANDS, CLAIMS, LOSSES, CAUSES OF ACTION, LAWSUITS,
> JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS'
> FEES AND EXPENSES) OR ANY OTHER LIABLITY ARISING FROM, RELATED TO OR
> IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.
Seems OK, and GPL-compatible under 7(f). I'm not sure what practical
effect it has to write "if you agree to assume liability for the work,
then you assume liability for the work", or what jurisdiction makes it
necessary to say so... :-)
Not a lawyer,
S
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