Re: PBS License

[Walter Landry <landry@physics.utah.edu>]

> 
> I was wading through programs for  cluster systems and I came across
> PBS, a batch system for supercomputers and the like..  The license is I
> think non-free - because of the 1st clause at least..  My questions: 
> 1. Is it DFSG free now? (probably no)
> 2. Will it be DFSG free after Dec 31? (jury is out)
> 
> Plz CC me as I'm not subbed to -legal. 
> 
> ----- License Follows -----
> This license covers use of the OpenPBS v2.3 software (the "Software") at
> your site or location, and, for certain users, redistribution of the
> Software to other sites and locations. Use and redistribution of OpenPBS
> v2.3 in source and binary forms, with or without modification, are
> permitted provided that all of the following conditions are met. After
> December 31, 2001, only conditions 3-6 must be met:
> 
> 1. Commercial and/or non-commercial use of the Software is permitted
> provided a current software registration is on file at www.OpenPBS.org.
> If use of this software contributes to a publication, product, or
> service, proper attribution must be given; see
> www.OpenPBS.org/credit.html
> 

Definitely non-free.  I actually use this software on a supercomputer
run by other people, and I will be publishing a paper soon.  I never
heard about this requirement.  How annoying.

> 2. Redistribution in any form is only permitted for non-commercial,
> non-profit purposes. There can be no charge for the Software or any
> software incorporating the Software. Further, there can be no
> expectation of revenue generated as a consequence of redistributing the
> Software.

More non-free.

> 
> 3. Any Redistribution of source code must retain the above copyright
> notice and the acknowledgment contained in paragraph 6, this list of
> conditions and the disclaimer contained in paragraph 7.
> 

Ok

> 4. Any Redistribution in binary form must reproduce the above copyright
> notice and the acknowledgment contained in paragraph 6, this list of
> conditions and the disclaimer contained in paragraph 7 in the
> documentation and/or other materials provided with the distribution.

Ok

> 
> 5. Redistributions in any form must be accompanied by information on how
> to obtain complete source code for the OpenPBS software and any
> modifications and/or additions to the OpenPBS software. The source code
> must either be included in the distribution or be available for no more
> than the cost of distribution plus a nominal fee, and all modifications
> and additions to the Software must be freely redistributable by any
> party (including Licensor) without restriction.
> 

Looks ok to me.  It's paraphrase of the GPL.

> 6. All advertising materials mentioning features or use of the Software
> must display the following acknowledgment:
> 
> "This product includes software developed by NASA Ames Research Center,
> Lawrence Livermore National Laboratory, and Veridian Information
> Solutions, Inc. Visit www.OpenPBS.org for OpenPBS software support,
> products, and information."

But this makes it GPL-incompatible.

> 
> 7. DISCLAIMER OF WARRANTY
> 
> THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY
> EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
> IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
> AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.
> 
> IN NO EVENT SHALL VERIDIAN CORPORATION, ITS AFFILIATED COMPANIES, OR THE
> U.S. GOVERNMENT OR ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR
> INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
> (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
> SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
> HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
> STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
> ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
> POSSIBILITY OF SUCH DAMAGE.
> 
> This license will be governed by the laws of the Commonwealth of
> Virginia, without reference to its choice of law rules.

This also makes it GPL-incompatible.

> 
> YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. BY
> PRESSING "ACCEPT" BELOW, YOU CONSENT TO BE BOUND BY ITS TERMS AND
> CONDITIONS.
> 
> -- 
> Michael Janssen - Jamuraa - janssen@cns.uni.edu - jamuraa@base0.net
> GPG Fingerprint: 87F1 92C4 44AA 4105 B1C4  EDEC D995 9620 C00E 9159

So I guess the answers to your questions are that it is not DFSG-free,
but will become so after Dec 31.  It should be fine to put it in the
non-free archive until then, though.  It will never be GPL-compatible,
though.

Regards,
Walter Landry
landry@physics.utah.edu