Is this "license" DFSG free?
Background: I'm packaging an assembler and programmer for Atmel's AVR
microcontroller chips. I wanted to put the assembler include files in
the package. These files do not include a copyright notice.
I've attached my correspondence with Atmel.
If this is OK, do I include this correspondence in the package?
Thanks for any pointers,
Jeff
----- Forwarded message from avr@atmel.com -----
From: avr@atmel.com
To: <jeff@planetfall.com>
Subject: Re: Need permission to use AVR include files
Date: Tue, 29 Sep 1998 17:55:11 +0200
X-Mailer: Microsoft Outlook Express 4.72.2106.4
Jeff,
Sorry, you got it wrong. You are not allowed to charge for the files WHEN
SHIPPED SEPARATE. You are also not allowed to RAISE the price of a product
only because the files are included.
But you ARE allowed to charge for a product where the files are included, as
long as the files are obviously only a free of charge PART of the product.
Go ahead and charge for the CD-ROM. Our intention is to make these available
to the public free of charge, but some people like to pay for you to gather
all the files on one CD-ROM, which is fine.
Regards,
Haakon Skar
avr@atmel.com
--------------------------------------------------------------------------
Where to get the latest information about AVR - ONLINE:
Atmel home page: http//:www.atmel.com
Frequently Asked Questions about AVR:
[Atmel home page] -> [Products] -> [AVR 8-Bit RISC]
-> [Frequently Asked Questions]
Latest Information on AVR Tools:
[Atmel home page] -> [Products] -> [AVR 8-Bit RISC]
-> [Software] -> AVRTOOLS.TXT
--------------------------------------------------------------------------
-----Original Message-----
From: Jeff Noxon <jeff@planetfall.com>
To: avr@atmel.com <avr@atmel.com>
Date: Tuesday, September 29, 1998 5:15 PM
Subject: Re: Need permission to use AVR include files
>Dear Sir:
>
>Thank you for your response. Unfortunately, these license terms would
>force us to classify the software as "non-free." This prevents the
>software from going on CD-ROM, which is an inconvenience for many of
>our users. Let me try to explain:
>
>The Debian Project creates CD-ROM images and makes these available
>for free download. Individual files can also be downloaded for free.
>But we also allow third parties (commercial CD-ROM vendors) to sell these
>CD's for a fee. There are no restrictions on the fee the vendor may
>charge. In most cases, it is very reasonable. For example, Cheapbytes
>(www.cheapbytes.com) sells Debian 2.0 for US$3 plus shipping.
>
>Would it be possible to distribute the AVR files as free software
>according to our guidelines? I feel that this would be a good move
>both for Debian and Atmel -- Debian benefits from additional software,
>and Atmel benefits from having Linux-based development tools that are
>easily accessible to the masses for low or no cost.
>
>Thank you very much for your time.
>
>Here is a copy of our social contract and free software guidelines,
>from http://www.debian.org/social_contract :
>
>----
> Debian Social Contract
>
> We are Software In The Public Interest, producers of the Debian
> GNU/Linux system. This is the "social contract" we offer to the free
> software community.
> _________________________________________________________________
>
>"Social Contract" with the Free Software Community
>
> 1. Debian Will Remain 100% Free Software
> We promise to keep the Debian GNU/Linux Distribution entirely free
> software. As there are many definitions of free software, we
> include the guidelines we use to determine if software is "free"
> below. We will support our users who develop and run non-free
> software on Debian, but we will never make the system depend on an
> item of non-free software.
> 2. We Will Give Back to the Free Software Community
> When we write new components of the Debian system, we will license
> them as free software. We will make the best system we can, so
> that free software will be widely distributed and used. We will
> feed back bug-fixes, improvements, user requests, etc. to the
> "upstream" authors of software included in our system.
> 3. We Won't Hide Problems
> We will keep our entire bug-report database open for public view
> at all times. Reports that users file on-line will immediately
> become visible to others.
> 4. Our Priorities are Our Users and Free Software
> We will be guided by the needs of our users and the free-software
> community. We will place their interests first in our priorities.
> We will support the needs of our users for operation in many
> different kinds of computing environment. We won't object to
> commercial software that is intended to run on Debian systems, and
> we'll allow others to create value-added distributions containing
> both Debian and commercial software, without any fee from us. To
> support these goals, we will provide an integrated system of
> high-quality, 100% free software, with no legal restrictions that
> would prevent these kinds of use.
> 5. Programs That Don't Meet Our Free-Software Standards
> We acknowledge that some of our users require the use of programs
> that don't conform to the Debian Free Software Guidelines. We have
> created "contrib" and "non-free" areas in our FTP archive for this
> software. The software in these directories is not part of the
> Debian system, although it has been configured for use with
> Debian. We encourage CD manufacturers to read the licenses of
> software packages in these directories and determine if they can
> distribute that software on their CDs. Thus, although non-free
> software isn't a part of Debian, we support its use, and we
> provide infrastructure (such as our bug-tracking system and
> mailing lists) for non-free software packages.
> _________________________________________________________________
>
>The Debian Free Software Guidelines
>
> 1. Free Redistribution
> The license of a Debian component may not restrict any party from
> selling or giving away the software as a component of an aggregate
> software distribution containing programs from several different
> sources. The license may not require a royalty or other fee for
> such sale.
> 2. Source Code
> The program must include source code, and must allow distribution
> in source code as well as compiled form.
> 3. Derived Works
> The license must allow modifications and derived works, and must
> allow them to be distributed under the same terms as the license
> of the original software.
> 4. Integrity of The Author's Source Code
> The license may restrict source-code from being distributed in
> modified form _only_ if the license allows the distribution of
> "patch files" with the source code for the purpose of modifying
> the program at build time. The license must explicitly permit
> distribution of software built from modified source code. The
> license may require derived works to carry a different name or
> version number from the original software. (This is a compromise.
> The Debian group encourages all authors to not restrict any files,
> source or binary, from being modified.)
> 5. No Discrimination Against Persons or Groups
> The license must not discriminate against any person or group of
> persons.
> 6. No Discrimination Against Fields of Endeavor
> The license must not restrict anyone from making use of the
> program in a specific field of endeavor. For example, it may not
> restrict the program from being used in a business, or from being
> used for genetic research.
> 7. Distribution of License
> The rights attached to the program must apply to all to whom the
> program is redistributed without the need for execution of an
> additional license by those parties.
> 8. License Must Not Be Specific to Debian
> The rights attached to the program must not depend on the
> program's being part of a Debian system. If the program is
> extracted from Debian and used or distributed without Debian but
> otherwise within the terms of the program's license, all parties
> to whom the program is redistributed should have the same rights
> as those that are granted in conjunction with the Debian system.
> 9. License Must Not Contaminate Other Software
> The license must not place restrictions on other software that is
> distributed along with the licensed software. For example, the
> license must not insist that all other programs distributed on the
> same medium must be free software.
> 10. Example Licenses
> The "GPL", "BSD", and "Artistic" licenses are examples of licenses
> that we consider "free".
>
>----
>
>Thanks,
>
>Jeff Noxon
>
>On Tue, Sep 29, 1998 at 10:19:32AM +0200, avr@atmel.com wrote:
>> Mr. Jeff Noxon,
>>
>> You are welcome to it!
>>
>> The files must be included "as is". You are not allowed to charge
customers
>> for these files, or raise the price of another product because these
files
>> are part of the product. If you make modifications to the files, you must
>> remove the Atmel header, and make it obvious for the user that the file
has
>> been modified by you.
>>
>> Sounds nice? Good! Good luck with your future development. If you check
out
>> our web site next week, you will find a 3rd party guide there. Is this
>> something for you?
>>
>> Regards,
>>
>> Haakon Skar
>> avr@atmel.com
>>
>> -------------------------------------------------------------------------
-
>> Where to get the latest information about AVR - ONLINE:
>>
>> Atmel home page: http//:www.atmel.com
>>
>> Frequently Asked Questions about AVR:
>> [Atmel home page] -> [Products] -> [AVR 8-Bit RISC]
>> -> [Frequently Asked Questions]
>>
>> Latest Information on AVR Tools:
>> [Atmel home page] -> [Products] -> [AVR 8-Bit RISC]
>> -> [Software] -> AVRTOOLS.TXT
>> -------------------------------------------------------------------------
-
>>
>> -----Original Message-----
>> From: Jeff Noxon <jeff@planetfall.com>
>> To: avr@atmel.com <avr@atmel.com>
>> Date: Monday, September 28, 1998 10:20 PM
>> Subject: Need permission to use AVR include files
>>
>>
>> >Dear Sir or Madam:
>> >
>> >I am a software developer working with Debian GNU/Linux. We will be
>> >including a freeware AVR assembler and programmer in an upcoming
release.
>> >
>> >I am seeking permission to freely redistribute the AVR include files,
>> >such as 1200def.inc, as well as the application notes. These files are
>> >available on the Atmel web site, but do not identify a copyright holder
>> >or redistribution terms.
>> >
>> >Debian GNU/Linux is available for free on the Internet at
>> >http://www.debian.org/ . It is also available for a nominal fee on
CD-ROM
>> >from many vendors.
>> >
>> >Whom may I contact on this issue?
>> >
>> >I appreciate your assistance,
>> >
>> >Jeff Noxon
>> >(713) 656-8932 (CST 8am-5pm)
----- End forwarded message -----
Thanks,
Jeff
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