Python License Issues

[Cliff Wells]

On Wed, 13 Feb 2002 19:16:40 GMT
christoforou at gaaros.com wrote:

> Hello from rainy London
> 
> We have an issue with the python license which basically boils down to
this: 
> 
> If we ship an application that uses python, is the user of our
application 
> bound by the python license agreement (PSF)? It seems so given clause 8
of 
> the PSF: 
> 
>    8. By copying, installing or otherwise using Python 2.1.2, Licensee
>       agrees to be bound by the terms and conditions of this License
>       Agreement. 
> 
> If such is the case we will encounter problems with clients that do not
like 
> clause 4 of the PSF which 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 2.1.2 WILL NOT
>     INFRINGE ANY THIRD PARTY RIGHTS. 
> 
> Some clients demand a certain level of 'protection' from situations of
gross 
> misconduct, say python has stolen major chunks of code from other apps
and 
> thus exposing them to huge legal risks. 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.


Not a lawyer, but it seems clear that the license is suggesting that the
_PSF_ is not liable for these things.  I don't see where it stops anyone
else, Christ-like, from accepting responsibility for them. 
It seems true that the client will also be held to this license: they can't
hold the PSF responsible either.  But if your client has an agreement
holding _you_ responsible, I don't see where the Python license has any
relevance.

Further, I doubt that disclaimers regarding gross misconduct amount to
much, but if they do, I hereby disclaim any responsibility or knowledge of
anything bad I have ever done or might do in the future ;)

Besides, if there were any future legal issues regarding Python, I imagine
Guido would already know about it ;)


-- 
Cliff Wells, Software Engineer
Logiplex Corporation (www.logiplex.net)
(503) 978-6726 x308  (800) 735-0555 x308