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Re: LEGAL: SystemC Open Source License 2.3



On Sun, 2008-06-29 at 23:32 +0200, Hans de Goede wrote:
> Chitlesh GOORAH wrote:
> > Hello there,
> > 
> > I'm wishing someone could point out _whether_ the :
> > SYSTEMC OPEN SOURCE LICENSE v2.3 is compatible with Fedora Licenses policies.
> > http://chitlesh.fedorapeople.org/systemC/License.pdf
> > 
> 
> Hmm,
> 
> In general it looks ok, but ..
> INAS (I Am Not Spot) but this could be a problem:
> 
> 2.6 License to Marks.
> 
> (b)    Recipient shall assist OSCI to the extent reasonably necessary to
> protect and maintain the Marks worldwide, including, but not limited to,
> giving prompt notice to OSCI of any known or potential infringement of the
> Marks, and cooperating with OSCI in preparing and executing any
> documents necessary to register the Marks, or as may be required by the
> laws or rules of any country or jurisdiction. In its sole discretion, OSCI
> may commence, prosecute or defend any action or claim concerning the
> Marks. OSCI shall have the right to control any such litigation, and
> Recipient shall fully cooperate with OSCI in any such litigation. OSCI shall
> reimburse Recipient for the reasonable costs associated with providing
> such assistance, except to the extent that such costs result from
> Recipient’s breach of this Section 2.6. Recipient shall not commence any
> action regarding the Marks without OSCI’s prior written consent.
> 
> 
> So in effect the person receiving the license is in turn promising to help sue 
> people who are in breach of the SystemC trademark, hmmmmm.

IANAL,
but I think this license is troublesome.

The definition of "Contributor" and section 3 need real Legal overview.
They may make this license non free. On a cursory read it seem that
rights are given only to "Contributors" and that "Contributors" must go
through a complex system to disclose back changes.
I may be wrong, but certainly the language warrants a very careful read.

Simo.

-- 
Simo Sorce * Red Hat, Inc * New York


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