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intent to package: PCx (non-free?)



I plan to package PCx, a sophisticated interior-point linear program
solver from the Optimization Technology Center at Argonne National
Laboratory.  It was developed under U.S. Government contract, so there
are no fees required for its use.  Unfortunately, the license does
require notification for "incorporat[ing] this software, or a work
based on this software, into a product for sale".  I think this
violates the DFSG, so PCx would have to go into non-free.  I have
written for clarification, but have not received any reply yet.  It is
just possible that my query can satisfy their notification
requirement.

The copyright notice, and my query, follow.

			- Jim Van Zandt

----------------------------- PCx/COPYRIGHT ---------------------------------

<*****************************************************************
				   
			COPYRIGHT NOTIFICATION

*****************************************************************

(C) COPYRIGHT 1996 UNIVERSITY OF CHICAGO

*****************************************************************

This software discloses material protectable under copyright laws of
the United States. Permission is hereby granted to use, reproduce,
prepare derivative works, and redistribute to others at no charge,
provided that the original copyright notice, Government license and
disclaimer are retained and any changes are clearly documented;
however, any entity desiring permission to incorporate this software
or a work based on the software into a product for sale must contact
Paul Betten at the Industrial Technology Development Center, Argonne
National Laboratory, Argonne, IL  60439 (phone: (630) 252-4962;
fax: (630) 252-5230; e-mail: betten@anl.gov).


This software was authored by:

JOSEPH CZYZYK             czyzyk@mcs.anl.gov    (630) 252-4279
Mathematics and Computer Science Division
Argonne National Laboratory, Argonne IL 60439-4844
FAX: (630) 252-5986

SANJAY MEHROTRA           mehrotra@iems.nwu.edu (847) 491-3155
Department of Industrial Engineering and Management Science,
Northwestern University, Evanston IL 60208-3119
FAX: (847) 491-8005

STEPHEN J. WRIGHT         wright@mcs.anl.gov    (630) 252-7847 
Mathematics and Computer Science Division
Argonne National Laboratory, Argonne IL 60439-4844
FAX: (630) 252-5986

Any questions or comments on the software may be directed to one of
the authors.

*****************************************************************

ARGONNE NATIONAL LANORATORY (ANL), WITH FACILITIES IN THE STATES OF
ILLINOIS AND IDAHO, IS OWNED BY THE UNITED STATES GOVERNMENT, AND
OPERATED BY THE UNIVERSITY OF CHICAGO UNDER PROVISION OF A CONTRACT
WITH THE DEPARTMENT OF ENERGY.

*****************************************************************

             GOVERNMENT LICENSE AND DISCLAIMER

*****************************************************************

NOTICE: The Government is granted for itself and others acting on its
behalf a paid-up, non-exclusive, irrevocable worldwide license in this
data to reproduce, prepare derivative works, and perform publicly and
display publicly by or on behalf of the Government. The Government
license may be modified beginning 10-18-2001 to provide greater rights
to the Government. NEITHER THE UNITED STATES GOVERNMENT NOR ANY AGENCY
THEREOF, NOR THE UNIVERSITY OF CHICAGO, NOR ANY OF THEIR EMPLOYEES
MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY
OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS
THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

*****************************************************************

LICENSING INQUIRES MAY BE DIRECTED TO THE INDUSTRIAL TECHNOLOGY
DEVELOPMENT CENTER AT ARGONNE NATIONAL LABORATORY.


----------------------------- query ---------------------------------

To: Paul Betten <betten@anl.gov>
Subject: PCx

Dr. Betten -

I would like to package the linear programming solver PCx for the
Debian distribution of Linux.  

Each Debian package comes with a "copyright" file that indicates the
source (e.g. ftp site), the copyright statement, and the usage
license.  As part of the packaging process, I need to determine
whether the PCx license meets the Debian Free Software Guidelines
(DFSG).  If so, then it can be included in the "main" directory at the
Debian ftp archives, and in CDROMs from commercial vendors.
(Otherwise, it could only be included in the "non-free" directory
which vendors may not include, depending on their legal judgement, and
on whether they take time to investigate.)  If this constitutes
"incorporat[ing] this software, or a work based on this software, into
a product for sale", so that each vendor "must" contact you, then the
license may not meet the DFSG.  (Our intent is to encourage the widest
possible distribution of Debian Linux.  Requiring users or even
vendors to comply with a long list of varying registration and
licensing requirements would run counter to this intent.)  On the
other hand, maybe our correspondence can satisfy your requirements.
In that case, I will include a clarifying note in the "copyright"
file.

I would appreciate the "product for sale" provisions for PCx, and your
thoughts on their applicability to a Debian package.

Debian Linux already has over 1400 packages, including numerical codes
like LAPACK developed with US government funding.  However, there is
at present no high-quality linear programming code.  I think PCx would
make a valuable contribution to Debian, and I hope we can come to an
agreement that will let us include it in "main".

For reference, I am attaching a copy of our "Social Contract", which
includes the DFSG, and the COPYRIGHT file from the PCx source
distribution.

I look forward to hearing from you.

				- Jim Van Zandt

...
[/usr/doc/debian/social-contract]
[PCx/COPYRIGHT]


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