I would need some advice concerning a license. Does a file which is licensed under the following conditions meet the requirements of Fedora, to be allowed to be packaged?
/* * Copyright (c) 2006, Oracle and/or its affiliates. All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions are met: * * -Redistribution of source code must retain the above copyright notice, this * list of conditions and the following disclaimer. * * -Redistribution in binary form must reproduce the above copyright notice, * this list of conditions and the following disclaimer in the documentation * and/or other materials provided with the distribution. * * Neither the name of Oracle or the names of contributors may * be used to endorse or promote products derived from this software without * specific prior written permission. * * This software is provided "AS IS," without a warranty of any kind. ALL * EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING * ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE * OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") * AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE * AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS * DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST * REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, * INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY * OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, * EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. * * You acknowledge that this software is not designed, licensed or intended * for use in the design, construction, operation or maintenance of any * nuclear facility. */
More concrete, this is the license from jnlp-servlet.jar, which is part of the Oracle JDK.
Manuel
Hi Manuel,
This is the 3-Clause BSD license, listed in the Fedora licensing list as "BSD License (no advertising)". Any software licensed under this license is a candidate for inclusion in Fedora.
Adam Saunders
On Mon, Nov 11, 2013 at 3:43 PM, Adam Saunders adam.saunders@hushmail.com wrote:
Hi Manuel,
This is the 3-Clause BSD license, listed in the Fedora licensing list as "BSD License (no advertising)". Any software licensed under this license is a candidate for inclusion in Fedora.
I'd like a second opinion. I don't recall that last bit in the 3-Clause BSD license.
John
I did miss that last bit regarding a nuclear facility. That is a field of use restriction which makes the licensed software incompatible with the Open Source Definition and the definition of Free Software as defined by the Free Software Foundation.
I apologize for my lack of precision.
Adam Saunders
On 11/11/2013 10:43 PM, Adam Saunders wrote:
Hi Manuel,
This is the 3-Clause BSD license, listed in the Fedora licensing list as "BSD License (no advertising)". Any software licensed under this license is a candidate for inclusion in Fedora.
Unfortunately the quoted license is non-free because it limits usage rights ("this software is not [...] licensed [...] for use in [...]"). It would be free if the word "licensed" was removed from the last paragraph.
On Mon, 11 Nov 2013 22:48:57 +0100 Mikolaj Izdebski mizdebsk@redhat.com wrote:
On 11/11/2013 10:43 PM, Adam Saunders wrote:
Hi Manuel,
This is the 3-Clause BSD license, listed in the Fedora licensing list as "BSD License (no advertising)". Any software licensed under this license is a candidate for inclusion in Fedora.
Unfortunately the quoted license is non-free because it limits usage rights ("this software is not [...] licensed [...] for use in [...]"). It would be free if the word "licensed" was removed from the last paragraph.
I was afraid that this is a breaker.
Thank you anyway!
Manuel
On Mon, Nov 11, 2013 at 2:53 PM, Manuel Faux manuel.faux@conf.at wrote:
Unfortunately the quoted license is non-free because it limits usage rights ("this software is not [...] licensed [...] for use in [...]"). It would be free if the word "licensed" was removed from the last paragraph.
I was afraid that this is a breaker.
If you can get Oracle to remove the word "licensed" from that clause, as Sun has done in the past, then it will be okay for Fedora: https://lists.fedoraproject.org/pipermail/legal/2012-September/001967.html
Unfortunately, apparently Oracle has not been as friendly as Sun was in resolving these kinds of matters. :-(
-T.C.
On 11/11/2013 05:09 PM, T.C. Hollingsworth wrote:
On Mon, Nov 11, 2013 at 2:53 PM, Manuel Faux manuel.faux@conf.at wrote:
Unfortunately the quoted license is non-free because it limits usage rights ("this software is not [...] licensed [...] for use in [...]"). It would be free if the word "licensed" was removed from the last paragraph.
I was afraid that this is a breaker.
If you can get Oracle to remove the word "licensed" from that clause, as Sun has done in the past, then it will be okay for Fedora: https://lists.fedoraproject.org/pipermail/legal/2012-September/001967.html
Unfortunately, apparently Oracle has not been as friendly as Sun was in resolving these kinds of matters. :-(
File a bug in their bug tracker, maybe we'll get lucky.
~tom
== ¸.·´¯`·.´¯`·.¸¸.·´¯`·.¸><(((º> OSAS @ Red Hat University Outreach || Fedora Special Projects || Fedora Legal
Hi all,
I added Dalibor from Oracle to the CC, who has been helpful cleaning up some license issues around java in the past.
On Mon, 2013-11-11 at 22:53 +0100, Manuel Faux wrote:
On Mon, 11 Nov 2013 22:48:57 +0100 Mikolaj Izdebski mizdebsk@redhat.com wrote:
On 11/11/2013 10:43 PM, Adam Saunders wrote:
This is the 3-Clause BSD license, listed in the Fedora licensing list as "BSD License (no advertising)". Any software licensed under this license is a candidate for inclusion in Fedora.
Unfortunately the quoted license is non-free because it limits usage rights ("this software is not [...] licensed [...] for use in [...]"). It would be free if the word "licensed" was removed from the last paragraph.
I was afraid that this is a breaker.
Dalibor, the code in question is (also) part of the latest "Java SE Development Kit 7u45 Demos and Samples Downloads" as found here: http://download.oracle.com/otn-pub/java/jdk/7u45-b18-demos/jdk-7u45-linux-x6... Which is released under the "Oracle BSD License": http://www.oracle.com/technetwork/java/javase/terms/license/oraclebsd-160321...
You will note that "Oracle BSD License" is actually the simple 3-Clause BSD license without the extra restriction mentioned above.
None of the source files in this demos and samples bundle, except for the source files under sample/jnlp/, have this extra restriction added.
And the source files under sample/jnlp carry almost the same terms (at least the 3-clause BSD) and refer to Oracle, except in the disclaimer text (the part in ALL CAPS). Which refers to Sun Microsystems. None of the other source files in this bundle refer to Sun Microsystems.
Might this just be a copy/paste error in these source files, and should the sample/jnlp source files really just carry the standard "Oracle BSD License" like the rest of the demo and sample source files in that bundle? If so, could you help us get this fixed so that these samples can also be included in Fedora?
Thanks,
Mark
On 11/13/13 10:37 AM, Mark Wielaard wrote:
Hi all,
I added Dalibor from Oracle to the CC, who has been helpful cleaning up some license issues around java in the past.
As Tom said [0], filing a bug in the bug tracker is the way to go. I'll track down the owner of the file, and let you know what the bug ID is once I've done that.
cheers, dalibor topic
[0] https://lists.fedoraproject.org/pipermail/legal/2013-November/002299.html
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Adam Saunders -
Dalibor Topic -
inode0 -
Manuel Faux -
Mark Wielaard -
Mikolaj Izdebski -
T.C. Hollingsworth -
Tom Callaway