is mixmaster dfsg-compliant ?
I was looking at the code of mixmaster, an anonymous remailer
client/server application. It allows protection against traffic
analysis and allows sending email anonymously or pseudonymously.
I'm wondering if the licence is DFSG-compliant ? Could any lawyer here
give an advice ?
MIXMASTER LICENSE AGREEMENT
1. Grant of License.
Anonymizer Inc. grants you the following non-exclusive license for
the Mixmaster program and its associated documentation (the "Program"),
subject to all of the following terms and conditions:
a) You may use the Program, and copy and distribute verbatim copies
of the Program as you receive it, in any medium.
Local regulations may exist which limit your rights to distribute or
use cryptographic software. In certain jurisdictions, parts of this
software are protected by patents. It is your responsibility to
obtain the appropriate licenses.
b) You may modify the Program or incorporate the Program or any
portion of it into other computer programs. You may copy and
distribute such modifications or work, provided that you:
(i) cause the modified Program to carry a prominent notice
stating that it has been modified, and cause the modified files
to carry notices stating that you changed the files and the
date of any change;
(ii) reproduce and include this Agreement, the copyright
notices and disclaimer of warranty on any copy; and
(iii) provide Anonymizer Inc. with a copy of the Source Code of
such modifications or work by electronic mail, and grant
Anonymizer Inc. a perpetual, royalty-free license to use and
distribute the modifications or work in its products.
"Source Code" means the preferred form of a work for making
modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to
control compilation and installation of an executable.
2. Reservation of Rights.
No rights are granted to the Program except as expressly set forth
herein. You may not copy, modify, sublicense, or distribute the
Program except as expressly provided under this Agreement. Any
attempt otherwise to copy, modify, sublicense or distribute the
Program is void, and will automatically terminate your rights under
3. DISCLAIMER OF WARRANTY.
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE
PROGRAM IS PROVIDED ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANONYMIZER INC. OR
ANY DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE
PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
4. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANONYMIZER INC.
OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
This license represents the complete agreement concerning subject
matter hereof. If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.
Probably a bigger problem is the patent covering the IDEA algorithm
used in the program:
This Software/Hardware product contains the algorithm IDEA(TM) as
described and claimed in US Patent No. 5,214,703, EPO Patent
No. 0482154 and filed Japanese Patent Application No. 508119/1991
"Device for the conversion of a digital block and use of same"
(hereinafter referred to as "Algorithm"). Any use of the Algorithm for
Commercial Purposes is thus subject to a license from Ascom Systec
Ltd. of CH-5506 Mägenwil (Switzerland), being the patentee and sole
owner of all rights, including the term IDEA(TM). Commercial Purposes
shall mean any revenue generating purpose including but not limited to
i) using the Algorithm for company internal purposes (subject to a
ii) incorporating an application software containing the Algorithm
into any hardware and/or software and distributing such hardware
and/or software and/or providing services related thereto to others
(subject to a Product License).
iii) using a product containing an application software that uses the
Algorithm (subject to an End-User License), except in case where such
End-User has acquired an implied license by purchasing the said
product from an authorized licensee or where the End-User has already
signed up for a Site License.
All such commercial license agreements are available exclusively from
Ascom Systec Ltd. and may be requested via the Internet World Wide Web
at http://www.ascom.ch/systec/infosec.html or by sending an electronic
mail to IDEA@ascom.ch. Any misuse will be prosecuted.
Use other than for Commercial Purposes is strictly limited to data
transfer between private individuals and not serving Commercial
Purposes. The use by government agencies, non-profit organizations
etc. is considered as use for Commercial Purposes but may be subject
to special conditions. Requests for waivers for non-commercial use
(e.g. by software developers) are welcome.
So, can this soft be packaged, main or non-free ?
If it may not enter Debian, can it be packaged and placed on an
independent web page for download ?
Please CC me on any reply.
Eric VAN BUGGENHAUT