[Bug 474549] Review Request: ca-cacert.org - CAcert.org CA root certificates

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https://bugzilla.redhat.com/show_bug.cgi?id=474549

--- Comment #34 from Tom "spot" Callaway <tcallawa at redhat.com> 2010-08-06 09:19:11 EDT ---
So, unfortunately, Red Hat Legal, upon reviewing the license again, thinks that
the part of the license that Matt pointed out in Comment 23 makes it non-free.

Specifically, in the license, RELY is defined as:

  the human act in taking on a risk or liability on the basis of the
  claim(s) bound within a certificate issued by CAcert

Then the license says:

  THIS LICENSE SPECIFICALLY DOES NOT PERMIT YOU TO RELY UPON ANY
  CERTIFICATES ISSUED BY CACERT INC. IF YOU WISH TO RELY ON
  CERTIFICATES ISSUED BY CACERT INC, YOU MUST ENTER INTO A SEPARATE
  AGREEMENT WITH CACERT INC.

So, if you do an insert, it means:

  THIS LICENSE SPECIFICALLY DOES NOT PERMIT YOU TO (take) the human act in
taking on a risk or liability on the basis of the claim(s) bound within a
certificate issued by CAcert, UPON ANY CERTIFICATES ISSUED BY CACERT INC.

Its rather confusing, but the final conclusion was that this counts as a use
restriction, as opposed to a simple waiver of liability. This means the license
is non-free. :(

CACert should simply dislaim any liability and let end-users/distributors worry
about their own risks.

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