Hello there, I bring this SystemC's legal discussion alive again as I believe it would be a very big asset for FEL. SystemC was refused to under fedora collection due to a licensing issue. Tom Callaway went to talk with OSCI's lawyer with some recommendations, but in vain. I'm in discussions with the OSCI board as well to seek a tradeoff. However OSCI board tells me it is on the trademark item that Tom and OSCI board failed to find a tradeoff. But isn't Fedora logos and trademarks suffers the same issue ? Perhaps also Firefox/Mozilla. I'm reading Tom Callaway's recommendations on the change needed in the licence. I think Fedora is NOT a Commercial Distributor and is NOT dealing a commercial offering. So as a non-profit organization we/fedora don't require the need for a chance in license, right ? Kind regards, Chitlesh Goorah Tom Callaway's recommendations: ------------------------------------------------------------------------------------------------------------------------ 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 _______________________________________________ Fedora-legal-list mailing list Fedora-legal-list@xxxxxxxxxx https://www.redhat.com/mailman/listinfo/fedora-legal-list
