> 3.6 If Contributor has knowledge that a license under a third party’s > intellectual > property rights is required to exercise the rights granted by such > Contributor under > Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program > source code distribution titled “../IP_ISSUES”, and (b) notify CA in writing > at > Computer Associates International, Inc., One Computer Associates Plaza, > Islandia, New York 11749, Attn: Open Source Group or by email at > [EMAIL PROTECTED], both describing the claim and the party making the claim in > sufficient detail that a Recipient and CA will know whom to contact with > regard > to such matter. If Contributor obtains such knowledge after the Contribution > is > made available, Contributor shall also promptly modify the IP_ISSUES file in > all > copies Contributor makes available thereafter and shall take other steps > (such as > notifying appropriate mailing lists or newsgroups) reasonably calculated to > inform > those who received the Program that such new knowledge has been obtained.
This would be worrying (when CA becomes unreachable), but section 11.3 addresses that: > 11.3 If it is impossible for Recipient to comply with any of the terms of > this License > with respect to some or all of the Program due to statute, judicial order, or > regulation, then Recipient must: (a) comply with the terms of this License to > the > maximum extent possible; and (b) describe the limitations and the code they > affect. Such description must be included in the IP_ISSUES file described in > Section 3.6 and must be included with all distributions of the Program source > code. Except to the extent prohibited by statute or regulation, suc h > description > must be sufficiently detailed for a Recipient of ordinary skill to be able to > understand it. > 11.4 This License is governed by the laws of the State of New York. No > Recipient > will bring a legal action under this License more than one year after the > cause of > action arose. Each Recipient waives its rights to a jury trial in any > resulting > litigation. Any litigation or other dispute resolution between a Recipient > and CA > relating to this License shall take place in the State of New York, and > Recipient > and CA hereby consent to the personal jurisdiction of, and venue in, the > state and > federal courts within that district with respect to this License. The > application of > the United Nations Convention on Contracts for the International Sale of > Goods is > expressly excluded. Waiving the right to a jury trial seems unreasonable, as does the explicit expiration time of 1 year (under US law, copyright infringement has a 3 year statute of limitations). Also has choice of venue. It otherwise seems like a fair license (strong copyleft with license version upgrades at the choice of each contributor). Michael Poole
