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From Guillaume Rousse <rou...@ccr.jussieu.fr>
Subject License issue (the come back)
Date Tue, 12 Mar 2002 15:05:45 GMT
Hello.

They have been already *several* discussions about Sun proprietary APIs 
licenses, and more precisely about exact redistribution conditions. Current 
consensus in ASF, AFAIK, is that redistribution of crypto API (as jsse) is 
strictly forbidden, and redistribution of non-crypto APIS is not permitted 
with source code.

We (jpackage project, http://jpackage.sourceforge.net) contacted sun legal 
department to have an official response on this topic. We exposed our own 
practices, that is to provide a non-free section for all normal APIs with 
standard packages, and a non-distributable section for all crypto APIs and 
JDKs, with empty packages. The only response we had was: read the license 
carefully :-) (kind of RTFM, actually) 

So we did, and here is the result
non-free
jaas		BCL + LDS
jaf		BCL
javahelp		BCL + LDR
javamail 		BCL + LDS
jaxp		BCL + LDS
jdbc-stdext 	no license
jimi		BCL + LDS
jms		no license
jndi		no license
jta		no license
jtopen		no package
jts		BCL + LD
netbeans-java-extbin	no license
resolver			no license

non-distributable
javacc		?
jsse		BCL + LD
sun-jsdk1.3 	BCL + LDS + LDR
sun-jsdk1.4	BCL + LDS + LDR
blackdown-jsdk1.3 	BCL + LDS + LDR
ibm-jsdk1.3	?

BCL means standard Binary Code License, which is the basic Sun Binary Code 
License for all software. Most java software add extra clauses, especially 
concerning redistribution, which are refered here as LDS  (License to 
distribute software), LRD (License to distribute  redistributables) and LD 
(License to distribute). Full citations of those clauses are included at the 
end of the message.
no license means "in current package" only, and ? means uncertainity.

My own interpretation follows:
1) There is nothing in any of those license making click-through procedure 
mandatory
2) There is no point having jsse and jts in different section are they are 
subject to exactly the same conditions
3) The US export laws enforcement clause is part of BCL, which apply to *all* 
packages, not only to crypto packages.
4) LDR refers to a a "distributable" section in README file, that was not 
found either in javahelp nor in JDKs

The last point is the only real problem IMHO. Basically, it forbids to  
export software in "free world ennemy countries TM". I don't know if making 
somone from such a country able to download software from a website could be 
considered software exportation, but considering the technical impossibility 
to prevent it, i doubt Sun itself could claims to fulfill it.

Apart this problem, i still don't see what prevent distribution of all 
packages having at least one of those additional distribution clause (LD or 
LDS), as long as original license is preserved. LDR with a non-existent 
distributable section is not acceptable here.
However, IANAL, and as I know ASF people have already stepped onto this 
problem, i would like your opinion here.

Thanks for your help.

LDS
2. License to Distribute Software. Subject to the terms and conditions of
this Agreement, including, but not limited to Section 3 (Java (TM)
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and distribute
the Software in binary code form only, provided that (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"),
(ii) the Programs add significant and primary functionality to the Software,
(iii) you do not distribute additional software intended to replace any
component(s) of the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software, (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 (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.

LD
1. License to Distribute. Sun grants you a non-exclusive,
non-transferable, royalty-free, limited license to (a) use
the binary form of the Software for the sole purpose of
designing, developing and testing your JavaTM applets and
applications intended to run on a compatible Java
environment (the "Programs"), provided that the Programs
add significant and primary functionality to the Software,
and (b) reproduce and distribute the binary form of the
Software through multiple tiers of distribution provided
that you: (i) distribute the Software complete and
unmodified; (ii) do not distribute additional software
intended to supersede any component(s) of the Software;
(iii) do not remove or alter any proprietary
legends or notices contained in or on the Software; and
(iv) only distribute the Software pursuant to a license
agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and provides that Sun is
a third party beneficiary to such license agreement. If you
distribute the Software pursuant to this paragraph, you
must include the following statement as part of product
documentation (whether hard copy or electronic), as a
part of a copyright page or proprietary rights notice
page, in an "About" box or in any other form reasonably
designed to make the statement visible to users of the
Software:  "This product includes code licensed from
RSA Data Security".

LDR
3. License to Distribute Redistributables. Subject to the terms and
conditions of this Agreement, including but not limited to Section 4 (Java
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and
distribute the binary form of those files specifically identified as
redistributable in the Software "README" file ("Redistributables") provided
that: (i) you distribute the Redistributables complete and unmodified
(unless otherwise specified in the applicable README file), and only
bundled as part of Programs, (ii) you do not distribute additional software
intended to supersede any component(s) of the Redistributables, (iii) you
do not remove or alter any proprietary legends or notices contained in or
on the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests consistent
with the terms contained in the Agreement, and (v) 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.

BCL export regulation clause
7.  Export Regulations.  All Software and technical data
delivered under this Agreement are subject to US export
control laws and may be subject to export or import
regulations in other countries.  You agree to comply
strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to
export, re-export, or import as may be required after
delivery to you.
-- 
Guillaume Rousse <rousse@ccr.jussieu.fr>
GPG key http://lis.snv.jussieu.fr/~rousse/gpgkey.html

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