Python License Issues

Michael Chermside mcherm at destiny.com
Mon Feb 18 08:33:20 EST 2002


>> Hello from rainy London
>> > We have an issue with the python license
> 
> [...]
> 
>> We can consider accepting liability 
>> on all third party code we use, for such gross misconduct situations but is 
>> it technically possible to do so given the PSF license? Ideally we would 
>> like to negotiate a single license agreement with these clients (our license 
>> agreement) which provides additional liability over and above to that which 
>> PSF provides. However given clause 4 it seems that the client *must* 
>> directly be bound by the PSF license. 
>> > Any comments? 
>> > Pavlos
> 
> [Silly idea of mine about dual liscensing]


OK, I had a weekend to think it over, and I now realize my original 
suggestion was really, REALLY silly. There's a FAR simpler solution than 
dual licensing. Clause 4 states:


4. PSF is making Python 2.1.2 available to Licensee on an "AS IS"
     basis.  PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
     MPLIED.  BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
     DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR
     FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON
     <version> WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.

So if YOU wanted to offer such a guarantee, YOU could provide it 
separately. In fact, I'd recommend that you charge a separate fee for 
selling what is essentially a liability policy -- you provide a warranty 
that Python IS fit for merchantability or for some purpose, or isn't 
infringing. If one of these turns out to be false, you'll make up any 
losses, expenses, or liability for policy holders.

Of couse I should point out that this is ALL theoretical. There is no 
way that you could provide such a service unless you are a good-sized 
insurance firm, and there is no corporate lawyer in the world who is 
going to allow such a policy to be written (despite the fact that (in my 
opinion) it would never have to pay out anything).

All told, I'm glad that suing each other over merchantability is NOT 
part of the Python culture.

-- Michael Chermside








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