[Fedora-legal-list] SystemC OSCI License and Fedora is an Non-Profit org

[Chitlesh GOORAH]

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:
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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.
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Kind regards,
Chitlesh