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From Ted Dunning <ted.dunn...@gmail.com>
Subject Re: [jira] [Commented] (LEGAL-304) BSD3 with nuclear clause
Date Mon, 15 May 2017 14:10:01 GMT
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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