home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky misc.legal:21677 comp.sys.sun.misc:5981
- Path: sparky!uunet!auspex-gw!guy
- From: guy@Auspex.COM (Guy Harris)
- Newsgroups: misc.legal,comp.sys.sun.misc
- Subject: Re: Put away your Motif manual; Sun's lawyers are at the door!
- Message-ID: <16051@auspex-gw.auspex.com>
- Date: 23 Dec 92 04:04:51 GMT
- References: <1h80cpINNevp@spud.Hyperion.COM>
- Sender: news@auspex-gw.auspex.com
- Followup-To: comp.sys.sun.misc
- Organization: Auspex Systems, Santa Clara
- Lines: 104
- Nntp-Posting-Host: auspex.auspex.com
-
- >2. License to Develop. In the event that Customer desires to develop software
- >programs which incorporate portions of Software ("Developed Programs"), the
- >following provisions apply, to the extent applicable:
-
- Hmm. I wonder what "incorporate portions of Software" means here?
-
- Does it refer to header files included when you build the "developed
- program"?
-
- Does it refer to shared libraries with which your program is linked?
-
- >Developed Programs are to be OPEN LOOK(R) compliant
-
- I also wonder what "to the extent applicable" means when applied to
- "OPEN LOOK(R) compliant"? Does it mean "any application you do that
- uses X11 or NeWS must be OL-compliant", or "if you're going to build
- this application with an OL toolkit, it must be OL-compliant"? The
- former is clearly obnoxious; the latter may just be an attempt to ensure
- that any applications built with OL toolkits conform to the OL style
- guide (some people would probably find that requirement obnoxious as
- well).
-
- >and have an application programming interface that is the same as that
- >of Software;
-
- I'm sure some lawyer within Sun knows what that is supposed to mean, but
- I'm not sure *I* know what it's supposed to mean....
-
- >fonts within Software are to remain associated with their toolkit or
- >server;
-
- That sounds as if it might be an attempt to keep people from bundling
- fonts with the application if the fonts came from the Solaris
- distribution - i.e., if you want the fonts in question, you'll have to
- get them from your Solaris CD, not from some application vendor.
-
- >Developed Programs may be used and distributed, but only on computer
- >equipment licensed to utilize Solaris operating system software, unless
- >an additional Developer's License Agreement has been executed by SunSoft
- >and Customer;
-
- Similarly, that *might* be an attempt to keep people from selling a
- product that contains bits of Solaris to people who aren't licensed to
- run Solaris.
-
- >Customer is not licensed to
- >develop printing applications or print using fonts in F3(TM) format, unless
- >Customer has secured a license for NeWSprint(TM);
-
- Is that first clause intended to be parsed as
-
- Customer is not licensed to (develop printing applications or
- print) (using fonts in F3(TM)) format...
-
- or
-
- Customer is not licensed to (develop printing applications) (or
- print using fonts in F3(TM)) format...
-
- If the former, it doesn't mean you can't develop printing applications
- if you're not licensed for NeWSprint(TM), it means you can't develop
- printing applications *that use fonts in F3(TM) format* if you're not
- licensed for NeWSprint(TM).
-
- That doesn't sound unreasonable, except that it's not clear what a
- "printing application ... using fonts in F3(TM) format" is. If your
- application just dumps text to a file and fires up "lp" to print it,
- *but* the printer to which it's printing it is set up to, when printing
- ordinary text files, use an F3(TM)-format font, does that mean that your
- application is a "printing application ... using fonts in F3(TM)
- format"?
-
- >Whew. So, in a nutshell, as I read it:
- >
- >- I can't port a Motif application to Solaris 2.1.
-
- Depends on what "to the extent applicable" means here. It may just mean
- that you can't build an application using the OLIT library, but make it
- look more Motifish than OPEN LOOK-ish wherever it's possible to do so.
-
- >- My program can't send things to my line printer unless I buy NeWSprint.
-
- Again, that depends on how the clause in question is to be parsed.
-
- >- If a Solaris bug causes disk corruption while someone is using my software,
- > I have to hire attorneys to defend SunSoft if the user decides to sue,
- > even if the suit doesn't involve me at all.
-
- Not necessarily, as it says
-
- and Customer agrees to
- indeminfy, hold harmless and defend SunSoft from and against any claims or
- suits, including attorneys' fees, which arise or result from distribution
- ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
- or use of Developed Programs.
- ^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-
- which may mean that it applies only if the Solaris bug manifests itself
- "from distribution or use of [your] Developed Programs".
-
- Given the number of points that could mean different things depending on
- how the clauses are interpreted, the Wise Thing To Do might be to
- consult a lawyer before you develop a product, and perhaps have your
- lawyer talk with Sun's lawyers about all this....
-