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From "John D. Ament" <johndam...@apache.org>
Subject Re: [jira] [Commented] (LEGAL-304) BSD3 with nuclear clause
Date Mon, 15 May 2017 14:16:19 GMT
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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