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Re: Blackdown Java 2 copyright (j2sdk, j2se)

I am resending this to the list as the first time i sent it I 
mistakenly sent it only to James.  Sorry James.

On Sunday 07 Oct 2001 6:27 pm, James Troup wrote:
> Hi,
> Blackdown Java 2 was recently uploaded targeted for non-free.  I'd
> like some second opinions on the license if for no other reason than
> reading that much legalese is not my idea of fun and I'm not sure I
> understood all of it and it's implications.
> One interesting thing I did see was in the Sun Supplemental License
> terms, point 2:
> | (iii) you do not distribute additional software intended to replace
> |       any component(s) of the Software
> Since we actually do this[1] albeit not in the same package, does
> this disqualify us from putting it in non-free?

I think so, yes.  There is *also* the rest of this clause:  
(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.

I read this as saying that if anyone who gets the software from Debian 
decides to sue Sun then Debian, as distributor, would be liable to pay 
Sun's legal fees.

This is very similar to a clause in the Squeak license which I ITPd 
some time ago.  I had some discussion with Apple's legal Dept about 
this, and they confirmed my suspicion that my reading of the clause was 
in fact correct.  This led to me having to withdraw the ITP.

IMO (and I stress IANAL) the point you raise probably prevents us from 
distributing it, and part (vi) which I pasted above *definitely* 
prevents us from distributing it.


Stephen Stafford
finger bagpuss@debian.org to get gpg public key

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