On Thu, Jan 29, 2004 at 06:50:32PM -0800, Michael Adams wrote:
> Hi Folks:
>
> [I have tried to include everyone that was involved in the discussions
> on the JasPer software license on the distribution list for this
> email. Quite a number of people were involved. I hope that I did not
> miss anybody.]
>
> I have some potentially good news. Image Power seems to be agreeable
> to revising the JasPer software license to address the concerns raised
> by you and other members of the open-source community. I have appended
> the first preliminary draft of the new license to this email for your
> feedback. I would very much appreciate your comments, as it would be a
> waste to go through the trouble to change the license for you folks if
> the result will not meet your needs.
>
> BTW, the new license was largely copied from the open-source-certified
> X11 license. Image Power has added condition 3 and I wonder if this is
> alright. The IBM Public License (certified by the Open Source
> Initiative) also seems to have a similar type of clause. So, this
> appears not to go against the spirit of open source.
>
> Thanks,
> Michael
>
> ---
> Michael Adams, Assistant Professor
> Dept. of Elec. and Comp. Engineering, University of Victoria
> P.O. Box 3055 STN CSC, Victoria, BC, V8W 3P6, CANADA
> E-mail: mdadams@ece.uvic.ca, Web: www.ece.uvic.ca/~mdadams
>
> --- cut here ---
>
> JasPer License Version 2.0
>
> Copyright (c) 1999-2000 Image Power, Inc.
> Copyright (c) 1999-2000 The University of British Columbia
> Copyright (c) 2001-2003 Michael David Adams
>
> All rights reserved.
>
> Permission is hereby granted, free of charge, to any person (the
> "User") obtaining a copy of this software and associated documentation
> files (the "Software"), to deal in the Software without restriction,
> including without limitation the rights to use, copy, modify, merge,
> publish, distribute, and/or sell copies of the Software, and to permit
> persons to whom the Software is furnished to do so, subject to the
> following conditions:
>
> 1. The above copyright notice and this permission notice (which
> includes the disclaimer below) shall be included in all copies or
> substantial portions of the Software.
>
> 2. The name of a copyright holder shall not be used to endorse or
> promote products derived from the Software without specific prior
> written permission.
>
> 3. If User breaches any term of this license or commences an
> infringement action against any copyright holder then the User's
> license and all sublicenses that have been granted hereunder by User to
> other parties shall terminate.
I am uncomfortable with this. I am not sure what the canonical
debian-legal position is. This is also not compatible with the GPL, if
that's an issue for you.
> THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
> LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
> THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "AS
> IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT
> NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
> PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO
> EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY
> SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
> RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
> CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
> CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. THE USER
> ACKNOWLEDGES THAT NO ASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS
> THAT THE SOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL
> PROPERTY RIGHTS OF OTHER PARTIES. EACH COPYRIGHT HOLDER DISCLAIMS ANY
> LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY PARTY BASED ON
> INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. AS A
> CONDITION TO EXERCISING THE RIGHTS GRANTED HEREUNDER, EACH USER HEREBY
> ASSUMES SOLE RESPONSIBILITY TO SECURE THE INTELLECTUAL PROPERTY RIGHTS
> NEEDED, IF ANY. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED
> FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE
> OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
> SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR
> WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR PRODUCT COULD
> LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
> ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). THE COPYRIGHT HOLDERS
> SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
> HIGH RISK ACTIVITIES.
This disclaimer is much better. I believe the last one prohibited use in
nuclear facilities. This one merely states that it is "NOT INTENDED FOR
USE IN" such systems.
--
Brian M. Carlson <sandals@crustytoothpaste.ath.cx> 0x560553e7
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