Robert Levin quotes: > In the event an intellectual property claim is made or appears likely to > be made with respect to the Software, you agree to permit IBM to enable > you to continue to use the Software, or to modify it, or replace it with > software that is at least functionally equivalent. If IBM determines > that none of these alternatives is reasonably available, you agree, at > IBM's request, upon notice to you, to discontinue further distribution of > the Software and to delete or destroy all copies of the Software you > possess. This is IBM's entire obligation to you regarding any claim of > infringement.
This could be clearer, but it says that if IBM thinks it is about to be sued for infringing a copyright or patent by releasing the Software and doesn't feel like incurring any legal expenses it can order all copies of the Software destroyed. This a revocable license and does not comply with the DFSG. I could accept a clause granting IBM these rights in the case that a court order is issued requiring the destruction of or payment of royalties for copies of the Software, but the mere perception of a threat of legal action is not enough. Does IBM put a clause like this in its commercial licenses? -- John Hasler This posting is in the public domain. [EMAIL PROTECTED] Do with it what you will. Dancing Horse Hill Make money from it if you can; I don't mind. Elmwood, Wisconsin Do not send email advertisements to this address.
