Re: Sun Java available from non-free
On Sun, 21 May 2006 16:17:52 -0500, Raphael Hertzog wrote:
>> If Sun doesn't fix the license (and I don't think it is our work to fix
>
> The license is good enough for Debian (ftpmasters took their decisions).
> There's no fix to require, but it would be good to continue working them
> to enhance even more the license. Such a constructive behaviour would
> put us in a good position to make sure that Sun releases java in a
> DFSG-free compliant license when they will open-source it.
As Bill Allombert just pointed out, the Intention To Package process was
clearly subverted:
<http://www.debian.org/doc/developers-reference/ch-pkgs.en.html#s-newpackage>
Assuming no one else is already working on your prospective package,
you must then submit a bug report (Bug reporting, Section 7.1) against
the pseudo-package wnpp describing your plan to create a new package,
including, but not limiting yourself to, a description of the package,
the license of the prospective package, and the current URL where it
can be downloaded from.
That is, "you must" submit descriptions of the new packages, including
their license(s). In this case the license was brand new and likely
controversial. Yet every stage was conducted in secret, including
immediate uploads into non-free.
Will YOU take personal responsibility to stand by this license as
appropriate for non-free? Reread clause 2 of the Distributor License for
Java version 1.1:
License Grant. Subject to the terms and conditions of this
Agreement, as well as the restrictions and exceptions set forth in
the Software README file, Sun grants you a non-exclusive,
non-transferable, royalty-free limited license to reproduce and use
the Software internally, complete and unmodified, for the sole
purposes of running Programs and designing, developing and testing
Programs. Sun also grants you a non-exclusive, non-transferable,
royalty-free limited license to reproduce and distribute the
Software, directly or indirectly through your licensees,
distributors, resellers, or OEMs, electronically or in physical
form or pre-installed with your Operating System on a general
purpose desktop computer or server, provided that: (a) the Software
and any proprietary legends or notices are complete and unmodified;
(b) the Software is distributed with your Operating System, and
such distribution is solely for the purposes of running Programs
under the control of your Operating System and designing,
developing and testing Programs to be run under the control of your
Operating System; (c) you do not combine, configure or distribute
the Software to run in conjunction with any additional software
that implements the same or similar functionality or APIs as the
Software; (d) you do not remove or modify any included license
agreement or impede or prevent it from displaying and requiring
acceptance; (e) you only distribute the Software subject to this
license agreement; and (f) 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 (i) the use or distribution
of your Operating System, or any part thereof, in any manner, or
(ii) your use or distribution of the Software in violation of the
terms of this Agreement or applicable law. You shall not be
obligated under Section 2(f)(i) if such claim would not have
occurred but for a modification made to your Operating System by
someone not under your direction or control, and you were in
compliance with all other terms of this Agreement. If the Software
README file permits certain files to be replaced or omitted from
your distribution, then any such replacement(s) or omission(s)
shall not be considered a breach of Section 2(a).
Distribution is conditioned upon acceptance of subclause (f). The
distributor agrees 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
(i) the use or distribution of your Operating System, or any part thereof,
in any manner...
IN ANY MANNER. Note that arises or results from in any manner is distinct
from "your use or distribution of the Software in violation of the terms
of this Agreement or applicable law."
There is a defence for (f)(i) if the modifications causing the damages,
costs, liabilities, settlement amounts, etc. were not under the
distributors direction or control (while being in compliance with all
other terms of the Agreement). This defence may not be applicable when
modifications that happen to cause damage, etc. are under the direction or
control of Debian/SPI.
When did we decide, as a community, to defend and indemnify Sun for the
community's mistakes in packaging Sun's implementation of Java the
language and platform?
Distributor License for Java version 1.1 licensed packages should be
removed from non-free immediately. Then the normal process for inclusion
of packages into the archive can begin.
Regards,
Adam
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