Re: Are future versions of OpenSSL going to be less free?

[Wichert Akkerman <wichert@wiggy.net>]

Previously Martin Schulze wrote:
> This could affect us as well.  It talks about a donation from Sun
> that includes patents and: ``the licence on the new code basically
> builds a contract that says "if you use this code, you cannot sue
> Sun"''.

There are other clauses as well. On top of the OpenSSL license the
Sun contribution adds this:

  * In addition, Sun covenants to all licensees who provide a reciprocal
   * covenant with respect to their own patents if any, not to sue under
   * current and future patent claims necessarily infringed by the making,
   * using, practicing, selling, offering for sale and/or otherwise
   * disposing of the ECC Code as delivered hereunder (or portions thereof),
   * provided that such covenant shall not apply:
   *  1) for code that a licensee deletes from the ECC Code;
   *  2) separates from the ECC Code; or
   *  3) for infringements caused by:
   *       i) the modification of the ECC Code or
   *      ii) the combination of the ECC Code with other software or
   *          devices where such combination causes the infringement.
   *

Which has the sue Sun bit in there, but also says that Sun can sue you
if you
* use any of Sun's IP contained in the code outside of this code (ie
  reuse it in another project)
* modify any of the ECC code

Which would definitely make it non-free.

Wichert.

-- 
  _________________________________________________________________
 /wichert@wiggy.net         This space intentionally left occupied \
| wichert@deephackmode.org                    http://www.wiggy.net/ |
| 1024D/2FA3BC2D 576E 100B 518D 2F16 36B0  2805 3CB8 9250 2FA3 BC2D |