Bug#181493: marked as done (glibc: Sun RPC code is non-free)
Your message dated Sat, 23 Aug 2003 18:50:19 +1000
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and subject line SUN RPC code is DFSG-free
has caused the attached Bug report to be marked as done.
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From: "Brian M. Carlson" <karlsson@hal-pc.org>
To: Debian Bug Tracking System <submit@bugs.debian.org>
Subject: glibc: contains non-free docs and perhaps non-free code
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Package: glibc
Version: unavailable; reported 2002-12-04
Severity: serious
Justification: Policy 2.1.1, 2.1.2
debian-legal has recently decided that the GNU Free Documentation
License is non-free. Therefore, at least libc.info* must be removed from
the package. Additionally, the copyright file contains the following:
* The code to support Sun RPC is taken verbatim from Sun's
RPCSRC-4.0 distribution, and is covered by this copyright:
Copyright (C) 1984, Sun Microsystems, Inc.
Sun RPC is a product of Sun Microsystems, Inc. and is
provided for unrestricted use provided that this legend is
included on all tape media and as a part of the software
program in whole or part. Users may copy or modify Sun RPC
without charge, but are not authorized to license or
distribute it to anyone else except as part of a product or
program developed by the user.
The license places restrictions on distribution as an independent work,
failing DFSG 1. It also fails DFSG 3 because it prohibits distribution
of modifications of the original work as modifications (as opposed to a
new project).
SUN RPC IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND
INCLUDING THE WARRANTIES OF DESIGN, MERCHANTIBILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE.
Sun RPC is provided with no support and without any
obligation on the part of Sun Microsystems, Inc. to assist in
its use, correction, modification or enhancement.
=20
SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT
TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY
PATENTS BY SUN RPC OR ANY PART THEREOF.
In no event will Sun Microsystems, Inc. be liable for any
lost revenue or profits or other special, indirect and
consequential damages, even if Sun has been advised of the
possibility of such damages.
Sun Microsystems, Inc.
2550 Garcia Avenue
Mountain View, California 94043
-- System Information:
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--=20
Brian M. Carlson <sandals@crustytoothpaste.ath.cx> 0x560553e7
"Let us think the unthinkable, let us do the undoable. Let us prepare
to grapple with the ineffable itself, and see if we may not eff it
after all." --Douglas Adams
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Received: (at 181493-done) by bugs.debian.org; 23 Aug 2003 08:53:15 +0000
>From aj@azure.humbug.org.au Sat Aug 23 03:53:03 2003
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Date: Sat, 23 Aug 2003 18:50:19 +1000
To: 181493-done@bugs.debian.org
Cc: debian-legal@lists.debian.org
Subject: SUN RPC code is DFSG-free
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From: Anthony Towns <aj@azure.humbug.org.au>
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Hello,
> This explanation is unsatisfactory. I think that the Sun RPC code is
> non-free, and I want an opinion from debian-legal.
The Sun RPC code is DFSG-free, and has been for eons. This bug is, again,
closed with this message. Addressing particular concerns raised:
> > that this legend is
> > included on all tape media and as a part of the software
> ^^^^^^^^^^^^^^^^^^^^^^^^^^
> That seems worse than the advertising clause.
If it were referring to all tape media everywhere, perhaps it would
be. That's not a reasonable interpretation, however. If it limited it
to being written on the casing of the tape media, rather than encoded
on the media itself, perhaps it would be too, but it doesn't.
> Isn't this whole thing incompatible with the (L)GPL anyway? The code
> in question has been highly modified and integrated into the glibc
> source tree, presumably with the modifications under the LGPL,
It's not appropriate to presume so as to make things illegal. If there's
a valid interpretation that makes things legal, then that should be
the default. Only if there are no such valid interpretations, or if the
copyright holder states their interpretation, is it appropriate to worry
about this.
> I'm personally concerned about this particular phrase, as it seems to
> preclude Debian from distributing software with Sun RPC in it unless
> Debian itself is developing the product or program using Sun RPC.
Which we are, viz "The Debian Distribution".
> A distributes a program developed by A based on Sun RPC to B.
> B cannot turn around distribute the program to C unless they repackage
> it as a product or program developed by B.
This isn't the case: A may "license or distribute it to anyone [..] as part
of a product or program developed by [A]", and thus may provide a license to
all comers, including C.
> Sun has repeatedly clarified elsewhere that the intent of this is
> essentially "MIT/X11, except you may not distribute this product
> alone."
Not being able to distribute the original Sun RPC code alone is not a
problem, so long as we're able to distribute any variants of it that
we may actually want. If you're really concerned about other possible
caveats, please feel free to contact Sun to work on getting a clarified
license. However as it stands, the license passes the DFSG at least as
well as, eg, the Artistic license does.
Cheers,
aj
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Anthony Towns <aj@humbug.org.au> <http://azure.humbug.org.au/~aj/>
I don't speak for anyone save myself. GPG signed mail preferred.
``Is this some kind of psych test?
Am I getting paid for this?''
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