LEGAL:Distributing SystemC

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Dear SystemC-forum and developers,

Before I explain what the problem with Systemc's license is , let me
first introduce my intentions.

I am a community member of Fedora project.
https://fedoraproject.org/

My contribution to this _non profit_ organisation is to make the
deployment of opensource EDA tools easier, under the Fedora Electronic
Lab umbrella.
http://chitlesh.fedorapeople.org/FEL
We are not in competition with other EDA vendors.

Thereby I was packaging SystemC for Fedora. However, after consulting
Red Hat Lawyers, Systemc's license is not valid to include it into
Fedora's repositories.

There is a third-party repository for fedora (not supported by the
fedora project) : rpmfusion which deals with such licensing issues.
http://rpmfusion.org/

I have spent many days trying to fix SystemC for gcc4, use dynamic
libraries instead of static, ... etc.
But the contributors behind the non-profit rpmfusion and I are worried
about the distribution of Systemc.

We have been in contact with Red Hat Lawyers to give us some advice on
this matter. You will find below their recommendations. With this
email, I am asking SystemC developers to please modify SystemC license
in such a way that it makes distribution easier.

Recently, Cadence and Mentors announced OVM is available under the
Apache 2 license. Can Synopsys do the same with SystemC ? or at least
a license which facilitates distribution.

You will have all my work done (patches) on integrating SystemC in
Fedora/Red Hat based linux operating systems. If SystemC's license is
updated as I wish, I will work with SELinux developers to fix the
memory flags that SELinux is blocking.

My request in this email is to facilitate the tasks of everyone :-
- me as a non-profit distributor
- any fedora user will have SystemC well integrated in the linux
distribution and he/she doesn't have to spend days compiling Systemc.
- SystemC developers will have all my patches.

However, if Systemc's developers reject my request, I will not
distribute Systemc and abide to the legal terms.

Below are some recommendations to update SystemC's license:

This is specifically commenting on the current version 3.0 of the
SystemC license.
http://www.systemc.org/about/org_docs/license/

The most significant problem is section 2.7, concerning trademarks. I
would suggest both of the following:

 (a) Eliminating 2.7 in its entirety.  Trademark issues are dealt with
    adequately in section 2.5.  However, another (redundant) possibility is
    to replace the existing 2.7 in its entirety with one sentence:

      This Agreement grants no permission to use the marks or logos of OSCI.

 (b) Sever Exhibit D completely from the license.

There are other issues that might not rise to the level of
non-free-ness but have been pointed out by the FSF as being
problematic (and in some cases clarification of meaning or purpose
would lead to the conclusion that the clauses in question make the
license non-free). The following suggestions would address these:

 (a) Eliminate the following:

 PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE
 "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE
 THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS LICENSE
 AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS.

 (Note that there's other language that deals with acceptance below this
 language.)

 (b) In section 2.6, replace the term "proprietary notices" with "legal
    notices".

 (c) Replace section 5 with the following:

  Any Recipient which Distributes any Contribution and/or OSCI Release
  in a commercial offering (a "Commercial Distributor") may accept
  certain responsibilities with respect to end users, business
  partners and the like. While this license is intended to facilitate
  the commercial use of Contributions and OSCI Releases, a Commercial
  Distributor should do so in a manner which does not create
  potential liability for the Contributors. Therefore, each
  Commercial Distributor hereby agrees to defend and indemnify every
  Contributor ("Indemnified Contributor") against any losses,
  damages and costs (collectively "Losses") arising from claims,
  lawsuits and other legal actions brought by a third party against the
  Indemnified Contributor to the extent they directly result from the
  acts or omissions of such Commercial Distributor in connection with
  the terms and conditions under which the Commercial Distributor offered
  such Contributions and OSCI releases in a commercial product
  offering. The obligations in this Section 5 do not apply to any
  claims or Losses relating to any actual or alleged intellectual
  property infringement. In order to qualify, an Indemnified
  Contributor must: a) promptly notify the Commercial
  Distributor in writing of such claim, and b) allow the
  Commercial Distributor to control, and cooperate with the Commercial
  Distributor in, the defense and any related settlement negotiations.
  The Indemnified Contributor may participate in the defense of any such
  claim at its own expense.

  For example, a Recipient might include a Contribution in a commercial
  product offering, Product X. That Contributor is then a Commercial
  Distributor. If that Commercial Distributor then makes performance
  claims, or offers warranties, support or indemnity related to
  Product X, those performance claims, offers and other terms
  are such Commercial Distributor's responsibility
  alone. Under this Section 5, the Commercial Distributor would have to
  defend claims against the Contributors directly arising out of those
  performance claims, offers, and other terms, and if a court requires
  any Contributor to pay any damages as a result, the Commercial
  Distributor must pay those damages.

Alternatively, and preferably, eliminate section 5 altogether.


Kind regards,
Chitlesh

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