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

Ben Pfaff pfaffben at pilot.msu.edu
Mon Apr 19 23:29:52 UTC 1999

   The URL to the APSL 1.1 is at 


Still not acceptable:

     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: (a) attempt to procure
       the rights necessary for Apple and You to continue using the
       Affected Original Code; (b) modify the Affected Original Code
       so that it is no longer infringing; or (c) suspend Your rights
       to use, reproduce, modify, sublicense and distribute the
       Affected Original Code until a final determination of the claim
       is made by a court or governmental administrative agency of
       competent jurisdiction and Apple lifts the suspension as set
       forth below. Such suspension of rights will be effective
       immediately upon Apple's posting of a notice to such effect on
       the Apple web site that is used for implementation of this
       License. Upon such final determination being made, if Apple is
       legally able, without the payment of a fee or royalty, to
       resume use, reproduction, modification, sublicensing and
       distribution of the Affected Original Code, Apple will lift the
       suspension of rights to the Affected Original Code by posting a
       notice to such effect on the Apple web site that is used for
       implementation of this License. If Apple suspends Your rights
       to Affected Original Code, nothing in this License shall be
       construed to restrict You, at Your option and subject to
       applicable law, from replacing the Affected Original Code with
       non-infringing code or independently negotiating for necessary
       rights from such third party.

i.e., if Jon Luser claims that he wrote the whole thing, not Apple,
Apple has the right to stop you from using it!  Look, can't IBM's and
Apple's lawyers out there make some distinction between a claim that
has merit (as determined by a court of law) and a claim that gets
thrown out?  There's no way we can accept them being able to take
software away at any time for claims lacking merit.

I don't think Apple needs any such clause at all.  Any court that the
authority to make a copyright judgment also has the authority to stop
use of the affected code; no additional clause by Apple is needed.
These "take the law into our own hands" clauses must go!
"Let others praise ancient times; I am glad I was born in these."
--Ovid (43 BC-18 AD)

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