[Openicc] Open Source compatible AdobeRGB profile

Kai-Uwe Behrmann ku.b at gmx.de
Wed Jul 5 08:34:39 PDT 2006


Am 05.07.06, 10:09 -0500 schrieb Bob Friesenhahn:

> On Wed, 5 Jul 2006, Kai-Uwe Behrmann wrote:
> > > 
> > > > 3. DISTRIBUTION. If you choose to distribute the Software, you do
> > > > so
> > > > with the understanding that you agree to defend, indemnify, and
> > > > hold
> > > > harmless Adobe against any losses, damages, or costs arising from
> > > > any
> > > > claims, lawsuits, or other legal actions arising out of such
> > > > distribution, including, without limitation, product liability
> > > > and
> > > > other claims by consumers and your failure to comply with this
> > > 
> > > Which clearly restrict distribution in the case mentionned above.
> > > That
> > > means that an application that is licensed under an open source still
> > > cannot distribute the color profile because of the above restriction.
> > 
> > Ok, the above clause is Adobe centric and thus maybe a bit irritating.
> > Nethertheless any open source license comes with a disclaimer.
> 
> Perhaps you don't fully understand this paragraph due to not being a native
> english speaker.  The "defend, indemnify" clause says that you agree to agree
> to take legal responsibility and pay any court cost and claims resulting from
> some fault of Adobe, even if this means you are squished like a bug.  It is an
> agreement to potentially become bankrupt if the profiles result in data
> corruption at unknown company X.  Usually such clauses do not require action
> on your part to defend the original author.
 
Hmm, could this be covered by a usual no warranty disclaimer as usual for 
open source projects? Thus the 3. DISTRIBUTION section would play no role 
any longer?

Ok, if someone would lawsuit Adobe and Adobe would return a lawyers bill 
to a open source project, this makes no sense.

regards
Kai-Uwe Behrmann
                                + development for color management 
                                + imaging / panoramas
                                + email: ku.b at gmx.de
                                + http://www.behrmann.name



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