Re: [brian@hyperreal.org: APSL 1.1 available for comment.]

Ben Pfaff writes:
> The URL to the APSL 1.1 is at
> http://publicsource.apple.com/apsl/

> Still not acceptable:
> [revocation clause]

I agree. This is improved, but it still allows revocation on the basis of
a mere allegation of infringement. I could send a letter to Apple claiming
that the Original Code infringes the copyright on the term paper I wrote
for Anthro 101 in 1967 and it would be grounds for a suspension. It also
still requires that every user continuously monitor a Web page.

...until a final determination of the claim is made by a court or
governmental administrative agency of competent jurisdiction...

This could take literally forever, since nothing compels either the
claimant or Apple to take the matter to court. Also note that if the
claimant does go to court and Apple fails present any defense the claimant
may win a default judgement regardless of the merits of his case. This
could easily happen if Apple decides that free software is not worth
spending money on.

I find it hard to understand why Apple believes that it could have any
liability for my use of gratis software that I pulled off a Web site. A
notice clause should be more than sufficient:

9.1 Infringement. If any portion of, or functionality implemented by,
the Original Code becomes the subject of a claim of infringement,
Apple may at its option post a notice of the claim on the Apple web
site that is used for implementation of this License. The notice
will remain until a final determination of the claim is made by a
court or governmental administrative agency of competent
jurisdiction or the claim is otherwise resolved, at which time it
will be replaced by the result of said determination or resolution.
You agree that the posting of such a notice constitutes notice to
You of the of the claim, and that You assume full responsibility and
liability for any claims against You or against Apple that arise
from Your continued use, reproduction, modification, or distribution
of the Affected Original Code after the posting of such a notice.

Or better:

9.1 Infringement. Apple does not warrant that Your use, reproduction,
modification, or distribution of the Original Code does not infringe
any patents or copyrights. You agree to assume full responsibility
and liability for any claims may that arise from Your use,
reproduction, modification, or distribution of the Original Code.
--
John Hasler This posting is in the public domain.
john(at)dhh(dot)gt(dot)org Do with it what you will.
Dancing Horse Hill Make money from it if you can; I don't mind.
Elmwood, Wisconsin