Re: Questions concerning S/390 OCO-modules
>
> Hi,
>
> I would like to package three network device drivers for IBM S/390 (see
> ITPs #108709, #108710, #108711).
>
> The device drivers are provided by IBM as OCO (object code only) modules
> (i.e. there are no sources available) and they are released under a
> special IBM "International License Agreement for Non-Warranted Programs"
> (to see the license agreement click on one of the
> "{lcs,qdio,qeth}-2.4.5-s390-2.tar.gz" hyperlinks on
> http://oss.software.ibm.com/developerworks/opensource/linux390/download_obj.html++).
For everyone's benefit, the license is
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>
> This raises a few questions:
>
> - Does the license allow distribution of the oco-drivers with Debian?
>
> From item 1. of the license agreement I derive that this is possible
> as long as
>
> a) Debian assures that the license agreement is distributed with the
> oco-driver and
>
> b) that the user explicitely agrees with the terms of the license
> (actually the user can not download the oco-drivers from the
> IBM web site without explicitely accepting the agreement).
>
> I think a) is definitely not a problem and b) could be realized by
> asking the user before installing the oco-driver whether (s)he agrees
> with the license (could probably be done in the preinstall-script?).
>
Actually, the requirement is a little different from that. We have to
ensure that anyone who uses the program will comply with the license.
They don't have to have read the license, so we don't have to have a
post install pop-up (which would be incredibly annoying). But they do
have to follow it. So if someone gets it from Debian and then reverse
engineers it, Debian might no longer be able to distribute it (and
must destroy all copies).
I'm not sure whether that injunction will then apply to all of the
people that we gave it to. If it does, then people would have to
check the debian website at regular interval to make sure that we
still had the ability to distribute. I think this would be too much
even for non-free.
However, if people who got it from us don't have to destroy the copy
they have, then we could probably distribute it. At some point, IBM
might decide that we can't distribute it anymore, and we would just
take it out.
There is some verbiage saying that no one is responsible for events
beyond their control. That might save this agreement, but I'm not
sure what "events beyond its control" means. People could certainly
argue that we knew, or should have known, that someone would reverse
engineer it (or violate export law, or make a copy without the
license, etc.).
> Who finally decides whether such a package can go into non-free?
The original decision is made by the developer (and maybe the ftp
maintainers). If enough people complain about it, I guess it goes to
the technical committee. They would probably read the archives of
debian-legal in making their decision. Others would know more than I.
> What would be the alternative, if the package could not go into
> non-free (i.e. not be part of the distribution at all)?
Make an installer, if that makes sense here. Or talk to IBM and ask
them to take out the line requiring us to make sure that everyone who
uses the software will comply with the license. Otherwise, you're out
of luck.
Regards,
Walter Landry
landry@physics.utah.edu
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