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From d...@multitask.com.au
Subject Re: licensing issues for virtual artifacts (was RE: click through license support?)
Date Fri, 21 Nov 2003 00:11:48 GMT
I'm not sure of the relevance of this to an ASF repository, but....

"Tim Anderson" <tma@netspace.net.au> wrote on 21/11/2003 10:53:47 AM:

> Can you clarify the licensing issues further? I'm having trouble
> seeing what the problems are.
> 
> Suppose ASF has the following link in the repository:
>   http://repo.apache.org/sun/jndi/1.2.1/jars/jndi-1.2.1.jar
> 
> This is a virtual artifact, not hosted at ASF.
> 
> Via http redirection and magic, a download tool:
> A. pops up a browser, requiring the user to accept Sun's license
> B. downloads the corresponding jndi-1_2_1.zip distribution
>    if and only if the user *manually* accepts the license
> C. caches the distribution locally
> D. extracts jndi.jar from the distribution for local use
> 
> Taking the Sun license points one at a time:
> . "(i): you distribute the Software complete and unmodified and only
>    bundled as part of, and for the sole purpose of running, your Java
>    applets or applications ("Programs")"
> 
>    I don't see a violation here. The repository is not distributing
>    JNDI - its facilitating its download.
>    The download tool is not distributing JNDI - its facilitating
>    its use by an application.

IANAL, but the download tool is distributing the binary version of the 
code.

[snip]
> . "(v) you only distribute the Software subject to a license
>    agreement that protects Sun's interests consistent with the terms
>    contained in this Agreement, and"
> 
>    Again, the onus is on the end user to satisfy this part of the 
license.

This depends on how someone defines 'distribute'.

> . "(vi) you agree to defend and indemnify Sun and its licensors from
>   and against any damages, costs, liabilities, settlement amounts
>   and/or expenses (including attorneys' fees) incurred in connection 
with
>   any claim, lawsuit or action by any third party that arises or results
>   from the use or distribution of any and all Programs and/or Software."
> 
>   The ASF has not distributed the software, so it can't be liable.

If the download tool has distributed the software, and it's ASF's download 
tool....

> If this has been discussed elsewhere, could you post a link?

Maybe Jason can provide a link to the board discussion asking us to stop 
doing the distribution.
--
dIon Gillard, Multitask Consulting
Blog:      http://blogs.codehaus.org/people/dion/




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