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From "Geir Magnusson Jr." <ge...@apache.org>
Subject Re: "nuclear facility" clausule in Sun license is compatible?
Date Mon, 12 Sep 2005 10:03:04 GMT
Ok- I'm wrong here.  This isn't the BCL, but a source license of some  
sort.  I'm sorry for adding confusion.

This license technically wouldn't pass muster with the OSI as an open  
source initiative because of the limits on "field of use" because of  
the restriction on nuclear facilities.

6. No Discrimination Against Fields of Endeavor

The license must not restrict anyone from making use of the program  
in a specific field of endeavor. For example, it may not restrict the  
program from being used in a business, or from being used for genetic  
research.

Rationale: The major intention of this clause is to prohibit license  
traps that prevent open source from being used commercially. We want  
commercial users to join our community, not feel excluded from it.


http://www.opensource.org/docs/definition.php


On Sep 11, 2005, at 8:22 PM, Antonio Gallardo wrote:

> Geir Magnusson Jr. wrote:
>
>
>>
>> On Sep 9, 2005, at 11:18 AM, Antonio Gallardo wrote:
>>
>>
>>> Hi folks,
>>>
>>> This license is basically BSD compatible. The only difference  
>>> seems to be the lastest paragraph that seems to impose a  
>>> restriction. I will like to know if this license should be  
>>> considered as an Apache License compatible license or not.
>>>
>>
>>
>>
>> I think you are showing us an old version of the license. I spent  
>> a lot of time talking to Sun in the last few years about this  
>> license, and since then they have removed the "not licensed for  
>> nukes" restriction. It's not designed, recommended, etc, but they  
>> removed the "not licensed" restriction.
>>
>> However, the license still has a problem - it generally has a  
>> requirement that we and our users indemnify Sun. it also generally  
>> doesn't allow redistribution of the binary except as a part of a  
>> program that uses it.
>>
>
>
>
>>
>> Finally, there are many versions of the Sun Binary License.  
>> There's standard boilerplate and always Supplemental Terms. It's  
>> important to figure out what they are.
>>
>> So, lets be precise - where are you getting this license from?
>>
>
>
> Thanks for your the answer Geir!
>
> I don't know from where the initial contributor took it. I believe  
> it was taken from: http://www.sun.com/software/xml/developers/ 
> multischema/
> I found the MSV project is currently hosted at http:// 
> msv.dev.java.net/
>
> I reviewed the lastest license from the snapshot 2005-Sept-10 and  
> the only difference with the one I posted is the "last copyright  
> year":
>
> old: Copyright (c) 2001-2003 Sun Microsystems, Inc. All Rights  
> Reserved.
> new: Copyright (c) 2001-2005 Sun Microsystems, Inc. All Rights  
> Reserved.
>
> In anycase, here is the lastest license:
>
> Copyright (c) 2001-2005 Sun Microsystems, Inc. All Rights Reserved.
>
> Redistribution and use in source and binary forms, with or without
> modification, are permitted provided that the following conditions are
> met:
>
> - Redistributions of source code must retain the above copyright
> notice, this list of conditions and the following disclaimer.
>
> - Redistribution in binary form must reproduct 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 Sun Microsystems, Inc. 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 AND
> ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITIES
> SUFFERED BY LICENSEE AS A RESULT OF OR RELATING TO USE, MODIFICATION
> OR DISTRIBUTION OF THE 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 SOFTWARE,
> EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>
> You acknowledge that Software is not designed,licensed or intended for
> use in the design, construction, operation or maintenance of any
> nuclear facility.
>
>
> Best Regards,
>
> Antonio Gallardo.
>
>
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-- 
Geir Magnusson Jr                                  +1-203-665-6437
geirm@apache.org



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