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Re: Licence of FastCGI



On Tue, Dec 19, 2000 at 07:17:50PM +0100, Jérôme Marant wrote:
> 
> Hi,
> 
>   I noticed that the package libapache-mod-fastcgi mysteriously disappeared
>   from the archive but still referenced at packages.d.o. I guess this comes
>   from its licence.
>   Why is this licence considered as non-free? Thanks.
> 
> 
>   This FastCGI application library source and object code (the
> "Software") and its documentation (the "Documentation") are
> copyrighted by Open Market, Inc ("Open Market").  The following terms
> apply to all files associated with the Software and Documentation
> unless explicitly disclaimed in individual files.
> 
> Open Market permits you to use, copy, modify, distribute, and license
> this Software and the Documentation solely for the purpose of
> implementing the FastCGI specification defined by Open Market or
> derivative specifications publicly endorsed by Open Market and
> promulgated by an open standards organization and for no other
> purpose, provided that existing copyright notices are retained in all
> copies and that this notice is included verbatim in any distributions.
> 
> No written agreement, license, or royalty fee is required for any of
> the authorized uses.  Modifications to this Software and Documentation
> may be copyrighted by their authors and need not follow the licensing
> terms described here, but the modified Software and Documentation must
> be used for the sole purpose of implementing the FastCGI specification
> defined by Open Market or derivative specifications publicly endorsed
> by Open Market and promulgated by an open standards organization and
> for no other purpose.  If modifications to this Software and
> Documentation have new licensing terms, the new terms must protect Open
> Market's proprietary rights in the Software and Documentation to the
> same extent as these licensing terms and must be clearly indicated on
> the first page of each file where they apply.
> 
> Open Market shall retain all right, title and interest in and to the
> Software and Documentation, including without limitation all patent,
> copyright, trade secret and other proprietary rights.
> 
> OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE
> SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
> WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN
> NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
> DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE
> DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
> CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR
> LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF
> SUCH DAMAGES.  THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
> OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
> OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.
> 
> -- 
> Jérôme Marant <jerome.marant@free.fr>
> 
> http://jerome.marant.free.fr
> 
> 
> -- 
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Hi Jerome, we already have a discussion here about libapache-mod-fastcgi license,
anyway it's in non-free because of this:

  Open Market permits you to use, copy, modify, distribute, and license
  this Software and the Documentation solely for the purpose of
  implementing the FastCGI specification defined by Open Market or
  derivative specifications publicly endorsed by Open Market and
  promulgated by an open standards organization and for no other
  purpose, provided that existing copyright notices are retained in all
  copies and that this notice is included verbatim in any distributions.

They don't let you do all that stuff for any purpose, just for their
stuff. Furthermore:

  Modifications to this Software and Documentation may be copyrighted by
  their authors and need not follow the licensing terms described here, but
  the modified Software and Documentation must be used for the sole purpose
  of implementing the FastCGI specification defined by Open Market or
  derivative specifications publicly endorsed by Open Market and promulgated
  by an open standards organization and for no other purpose.

They impose limitations on use of derived work, too.
This fails to satisfy the DFSG, point "No Discrimination Against Fields of
Endeavor". I already have asked upstream to change this stupid license, they said "yep", but .. nothing changes :/

BTW it's still in the archive.

Cheers,
-- 
Davide Puricelli, evo@windnet.it | apurice@tin.it
Debian Developer: evo@debian.org | http://www.debian.org
PGP key:  finger evo@debian.org
UIN: 2885982

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