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List:       kde-policies
Subject:    Re: Proposal for P2P disclaimer text
From:       "Petter E. Stokke" <gibreel () project23 ! no>
Date:       2004-03-21 18:53:38
Message-ID: 200403211953.38835.gibreel () project23 ! no
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On Saturday 20 March 2004 04:16, Andreas Pour wrote:
> "Petter E. Stokke" wrote:
> > Indeed - I don't mind having to put a disclaimer into my software, but
> > if KDE were to require me to actually use a license other than the
> > GPL, I'd be worried, even if it's only a more restrictive variant of
> > the same (it'd be unsupported by the FSF, for a start).
>
> Why don't you get an indemnity from the FSF then?  Or what exactly do
> you think the FSF will do for you if you, as an author, get sued?

That's not what I mean - I'm referring to GPL violations here, not IP 
violations. I believe the FSF can be reliably depended upon to defend the 
GPL in court if necessary (to a large extent, that's what they're there 
for). Of course I don't expect them to defend me against the RIAA just 
because I happen to use their license.

> Some nits below . . . And one bigger point.  If you do not get an
> indemnity then it is possible that a user who gets sued by RIAA sues
> you.  If you are broke of course that does not matter, but you never
> know . . . . And if an indemnity is included in hindsight it should
> include the distributors as well (so nobody on the distribution chain
> can be sued either by an infringing user).

What sort of indemnity do you mean, exactly? Normally, I'd assume sections 
11 and 12 of the GPL to be sufficient.

And as an irrelevant aside, I don't mind the RIAA suing me. It'd have to be 
in a Norwegian court, and if DVD-Jon could do it, then so can I, 
especially considering how infinitely more nonsensical their case would 
be. Besides, free legal representation. :)

> WARNING:  Peer-to-peer networks, particularly those accessible via
> KMLDonkey, may contain material which you may be legally prohibited from
> downloading or redistributing.  It is your responsibility to verify that
> any material you download from any peer-to-peer network is being made
> available to you lawfully. It is also your responsibility to verify that
> you have the legal right to redistribute any material which you make
> available to others via any peer-to-peer networks.  In short, it is your
> personal responsibility to verify that you use this software in
> compliance with applicable copyright and other intellectual property
> laws.

Amended and committed.

-- 
Petter E. Stokke <gibreel@project23.no> http://www.gibreel.net/
PGP key: http://www.gibreel.net/key.asc
Fingerprint: 4FF3 12BD 692A 0FFF 984F  78DA 4776 81FB 1906 3A9F
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