Non-free licenses
Hello debian folks.
After having some trouble with some Sun developpers about our non-free
packages, we looked for some official advice, by intermediate of less
unfriendly contacts. Finally, the current Sun's legal department position is
just 'read the license carefully' :-)
So far, we had a non-free section for all packages we tought distribution was
OK (such as most java APIs), for which we provided standard packages, and a
non-distributable section for all packages we tought distribution was
prohibited (jdk + crypto packages), for which we only provided no-source
packages.
I investigated all thos package, and i summarize the result below
non-free
jaas BCL + LDS
jaf BCL
javahelp BCL + LDR
javamail BCL + LDS
jaxp BCL + LDS
jdbc-stdext no license
jimi BCL + LDS
jms no license
jndi no license
jta no license
jtopen no package
jts BCL + LD
netbeans-java-extbin no license
resolver no license
non-distributable
javacc ?
jsse BCL + LD
sun-jsdk1.3 BCL + LDS + LDR
sun-jsdk1.4 BCL + LDS + LDR
blackdown-jsdk1.3 BCL + LDS + LDR
ibm-jsdk1.3 ?
BCL means standard Binary Code License, which is the base Sun License for all
software. Most java software add extra terms, which are refered here as LDS
(License to distribute software), LDR (License to distribute
redistributables) and LD (License to distribute). Full citations of those
three last mentions are included at the end of the message.
Basically, my interpretation of the following facts is:
1) There is nothing in any of those license making click-through procedure
mandatory, even for crypto packages (BCL + LD)
2) There is no point having jsse and jts in different section are they are
subject to exactly the same conditions
3) There is nothing preventing us for distributing any of those packages
having BCL + (LD|LDR|LDS), as long as we provide the original license.
4) The real problem comes from export limitation in BCL itself (thus applying
to every package), about US export laws. As i doubt any technical solution
would be possible anyway (including to Sun themselves), i think this can be
safely ignored.
As you're as much concerned as we are, and i think you have already
considered this problem, i thought this was useful to have your position on
this topic. I had a look at you package list
(http://people.debian.org/~tora/java/packagelist.html), but the only non-free
package i found was Sun JDK 1.1
LDS
2. License to Distribute Software. Subject to the terms and conditions of
this Agreement, including, but not limited to Section 3 (Java (TM)
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and distribute
the Software in binary code form only, provided that (i) you distribute the
Software complete and unmodified and only bundled as part of, and for the
sole purpose of running, your Java applets or applications ("Programs"),
(ii) the Programs add significant and primary functionality to the Software,
(iii) you do not distribute additional software intended to replace any
component(s) of the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software, (v) you only
distribute the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (vi)
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 the use or distribution of any
and all Programs and/or Software.
LD
1. License to Distribute. Sun grants you a non-exclusive,
non-transferable, royalty-free, limited license to (a) use
the binary form of the Software for the sole purpose of
designing, developing and testing your JavaTM applets and
applications intended to run on a compatible Java
environment (the "Programs"), provided that the Programs
add significant and primary functionality to the Software,
and (b) reproduce and distribute the binary form of the
Software through multiple tiers of distribution provided
that you: (i) distribute the Software complete and
unmodified; (ii) do not distribute additional software
intended to supersede any component(s) of the Software;
(iii) do not remove or alter any proprietary
legends or notices contained in or on the Software; and
(iv) only distribute the Software pursuant to a license
agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and provides that Sun is
a third party beneficiary to such license agreement. If you
distribute the Software pursuant to this paragraph, you
must include the following statement as part of product
documentation (whether hard copy or electronic), as a
part of a copyright page or proprietary rights notice
page, in an "About" box or in any other form reasonably
designed to make the statement visible to users of the
Software: "This product includes code licensed from
RSA Data Security".
LDR
3. License to Distribute Redistributables. Subject to the terms and
conditions of this Agreement, including but not limited to Section 4 (Java
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and
distribute the binary form of those files specifically identified as
redistributable in the Software "README" file ("Redistributables") provided
that: (i) you distribute the Redistributables complete and unmodified
(unless otherwise specified in the applicable README file), and only
bundled as part of Programs, (ii) you do not distribute additional software
intended to supersede any component(s) of the Redistributables, (iii) you
do not remove or alter any proprietary legends or notices contained in or
on the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests consistent
with the terms contained in the Agreement, and (v) 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 the use or distribution of any and all Programs
and/or Software.
BCL extract concerning export regulation
7. Export Regulations. 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 agree to comply
strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to
export, re-export, or import as may be required after
delivery to you.
--
Guillaume Rousse <rousse@ccr.jussieu.fr>
GPG key http://lis.snv.jussieu.fr/~rousse/gpgkey.html
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