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From Jim Jagielski <...@jaguNET.com>
Subject Re: [jira] [Commented] (LEGAL-304) BSD3 with nuclear clause
Date Tue, 16 May 2017 14:13:25 GMT
The thing is that whether or not it is a FOU restriction will be
decided by the courts. It will be determined there. So the opinions
of FOSS-saavy lawyers on whether or not it be determined and decided to
be a FOU restriction seem quite pertinent to me.

Of course, all this matters iff we consider OSI approval as a condition,
which it seems that we don't.

That also is something that those self-same lawyers were "shocked" about...
that we allowed for licenses that were not OSI and/or FSF approved.

> On May 15, 2017, at 3:57 PM, Ted Dunning <ted.dunning@gmail.com> wrote:
> 
> 
> A field of use restriction would say something of the flavor of "This license is restricted
..." or "You may not exercise any of the rights ...". The clause in question doesn't do that.
> 
> What this says is that you acknowledge that the software was not designed or intended
for use. That doesn't say that you can't do it, nor does it say that the license is limited
to non-nuclear use. It merely says that you say that you know that the original authors didn't
design it for such use and, by implication and conjunction with the liability limitation,
it is on your head if you cause a problem by so using this software.
> 
> I hate it when people say "Trust me", but in this case my source is good enough that
I really can say trust me on this interpretation.
>  
> 
> 
> 
> 
> On Mon, May 15, 2017 at 7:16 AM, John D. Ament <johndament@apache.org> wrote:
> Just to make sure its on the thread, here's the text:
> 
> You acknowledge that this software is not designed or intended for 
> use in the design, construction, operation or maintenance of any 
> nuclear facility. 
> 
> That is a field of use restriction.  Similar to what happened w/ the JSON license, We
are explicitly saying that the software cannot be used as a part of a nuclear facility.  I
read that as if the nuclear facility published statistics to a tomcat server, tomcat cannot
leverage software with this license.
> 
> On Mon, May 15, 2017 at 10:10 AM Ted Dunning <ted.dunning@gmail.com> wrote:
> 
> Those lawyers didn't read the text very carefully.  This is NOT a field of use restriction.
 It was intended (according to my source who was there at the time) as a liability warning.

> 
> 
> 
> On May 15, 2017 4:59 AM, "Jim Jagielski (JIRA)" <jira@apache.org> wrote:
> 
>     [ https://issues.apache.org/jira/browse/LEGAL-304?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16010386#comment-16010386
]
> 
> Jim Jagielski commented on LEGAL-304:
> -------------------------------------
> 
> Oops. Seems I was premature. As OSCON I spoke w/ several lawyers about it. Unanimously,
every one considered it a FOU restriction since the clear intent of the author/licensor is
to prevent said s/w from being used in a specific way.
> 
> 
> > BSD3 with nuclear clause
> > ------------------------
> >
> >                 Key: LEGAL-304
> >                 URL: https://issues.apache.org/jira/browse/LEGAL-304
> >             Project: Legal Discuss
> >          Issue Type: Question
> >            Reporter: Tim Allison
> >
> > On LEGAL-44, a question was asked about whether BSD-3 with the nuclear clause was
acceptable?  Two conflicting opinions were expressed, and the issue was closed because of
a change in the license.
> > On TIKA-2338, we'd like to move a a portion of a dependency that was restricted
to test-scope (according to LEGAL-37) to our regular distribution because that portion has
been moved to BSD-3.
> > However, we noticed that this is BSD-3 with the [nuclear clause|https://github.com/jai-imageio/jai-imageio-core/blob/master/LICENSE.txt].
 Can we include this in our distribution under ASL 2.0?
> > Is this a "field of use" restriction (which would lead to a "no" answer) or is this
an "acceptance of no liability" (which would lead to a "yes" answer)?
> 
> 
> 
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