Hi, I thought I had deleted this in disgust after I withdrew thie ITP (#98676), but I appear to have a copy in sent-mail (which I tend to archive forever) which I had forwarded to some of the upstream people I had been working with on the Squeak packaging. This is the reply I got from Apple's legal dept when I asked for clarification on their license. (the Steve that the email is addressed to is the person I was in contact with at Apple's European legal dept, Mr Stafford (Stephen) is me.)
Re: License of Squeak: Request for some clarifications. From: Volume Licensing Administrator <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Hi Stephen, Please find below the reply from Apple Legal in the US; -------------------------Email Text------------------------------- Steve: We are not in a position to re-license the Squeak software under a more "free" license, as proposed by Mr. Stafford, as the fonts are from a third-party. As for Clause 5 of the Squeak license, this is a pretty standard indemnification clause that would require a licensee (the "You" in the license), to indemnify Apple for any damages, liabilities, costs, etc. resulting from third party claims against Apple that themselves arise out of the use, distribution or modification of the Squeak software by the licensee (and potentially its sublicensees). So it does mean what Mr. Stafford had assumed in his email, i.e. that as a licensee/redistributor of Squeak, Debian, could be potentially liable to indemnify Apple for damages incurred by Apple that arose as a result of Debian's use, distribution or modification of Squeak. I hope this clarifies Clause 5 for him. Joyce -------------------------------------------------------- Regards Steve Volume Licensing Administrator Apple 2 Furzeground Way Stockley Park East Uxbridge UB11 1BB United Kingdom **** Copied Mail Ends **** The Clause 5 from the Squeak license in question is: 5. Indemnification. You agree to indemnify and hold Apple harmless from any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs of suit) incurred by Apple as a result of any claim, proceeding, and/or judgment to the extent it arises out of or is connected in any manner with the operation, use, distribution or modification of Modified Software, or the combination of Apple Software or Modified Software with other programs; provided that Apple notifies Licensee of any such claim or proceeding in writing, tenders to Licensee the opportunity to defend or settle such claim or proceeding at Licensee's expense, and cooperates with Licensee in defending or settling such claim or proceeding. To me at least, this looks incredibly similar to the section I am questioning from the Sun license for Blackdown. I personally believe that a risk of liability like this is not one which the Debian project is in a position to take. If someone with more knowledge of the issues would like to tell me I am wrong and why then I am happy to withdraw my objection (and probably reITP Squeak :) <insert standard IANAL disclaimer> Cheers, -- Stephen Stafford finger [EMAIL PROTECTED] to get gpg public key
