[For -legal people, the license is attached.] On Wed, 2006-05-17 at 11:01 +0200, Michael Meskes wrote: > On Wed, May 17, 2006 at 08:20:14AM +0200, Jeroen van Wolffelaar wrote: > > Official packages of Sun Java are now available from the non-free > > section of Debian unstable, thanks to Sun releasing[11 Java under a new > > license: the Operating System Distributor License for Java (DLJ). > > This license, while still non-free, allows the Sun Java Runtime > > Environment (JRE) or Java Development Kit (JDK) to be distributed by > > Debian, with our own packaging. > > Could someone please explain to me why paragraph 2(f) does not pose a > problem? I couldn't find ANY discussion about the license on Debian legal > which surprises me a little bit, but then maybe I just missed the > relevant parts of the license. Anyway, as a non-lawyer I'm surprised > that we seem to accept that we have to "defend and indemnify Sun". Also, section 4 poses a major issue. If, for any reason, the Linux kernel doesn't do something that Java requires, then we are obligated to either fix it or inform everyone who has acquired Java from us. Section 10 is not possible with our infrastructure. The ftp-master scripts merely remove the package from the tag database, not the archive (at least until there are no dependencies), and not from all of our mirrors. Section 2(b) prohibits allowing people to develop software with Java that is to be run on another system. Section 2(c) prohibits us from using the software in conjunction with C, C++, Perl, Python, or *any reasonable Turing-complete programming language*. Section 12 requires that this software be in non-US/non-free. It is not, which is not only a violation of the license, but a violation of United States law. This conflicts with other project policies and exposes Debian/SPI to major legal liabilities. I think that this should be removed from the archive as soon as possible, preferably before the next mirror pulse.
Operating System Distributor License for Java version 1.1 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA PLATFORM STANDARD EDITION DEVELOPER KIT ("JDK" - THE "SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT (THE "AGREEMENT").� PLEASE READ THE AGREEMENT CAREFULLY.� BY INSTALLING, USING, OR DISTRIBUTING THIS SOFTWARE, YOU ACCEPT ALL OF THE TERMS OF THE AGREEMENT. 1. DEFINITIONS. "Software" means the code identified above in binary form, any other machine readable materials including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement, and any subsequent versions that Sun makes available to you hereunder. "Operating System" means any version of the Linux or OpenSolaris operating systems that manages the hardware resources of a general purpose desktop or server computer and shares these resources with various software programs that run on top of it. "Programs" means Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE platform) platform on Java-enabled general purpose desktop computers and servers. 2. 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. 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You may not create, modify, or change the behavior of, or authorize your licensees, distributors, resellers, OEMs, or end users (collectively, "Licensees") to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. 4. COMPATIBILITY. 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No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. You acknowledge and agree that, as between you and Sun, Sun owns the SUN and JAVA trademarks and all SUN and JAVA-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. 6. LIMITED WARRANTY. If you received the Software directly from Sun or its authorized resellers, Sun warrants to you that for a period of ninety (90) days from delivery to you, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be replacement of the Software media. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. 7. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 8. LIMITATION OF LIABILITY. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 13. U.S. GOVERNMENT RESTRICTED RIGHTS.� If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 14. MISCELLANEOUS. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 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