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Re: Sun's ECC code in OpenSSL



On Tue, 2002-09-24 at 00:51, Joe Phillips wrote:

> Apparently there are licensing issues with this donated code.  OpenBSD's
> Theo de Raadt feels the SUN license (yet another license!) would make
> OpenSSL non-free.  He has even indicated this could be reason to fork
> OpenSSL.

I'm having a very hard time seeing what the problem is with this. It
appears that Sun has put an offer into the headers of a bunch of .c
files to not sue you for your use their patents if you agree not to sue
them for their use of your patents as it pertains to the OpenSSL code.

Really, they could put the same statement on a web site.

How does making an offer like the below effect the freeness of OpenSSL?

Am I missing something?

http://monkey.org/openbsd/archive/misc/0209/msg01562.html

/* ====================================================================
 * Copyright 2002 Sun Microsystems, Inc. ALL RIGHTS RESERVED.
 *
 * Portions of the attached software ("Contribution") are developed by 
 * SUN MICROSYSTEMS, INC., and are contributed to the OpenSSL project.
 *
 * The Contribution is licensed pursuant to the OpenSSL open source
 * license provided above.
 *
 * In addition, Sun covenants to all licensees who provide a reciprocal
 * covenant with respect to their own patents if any, not to sue under
 * current and future patent claims necessarily infringed by the making,
 * using, practicing, selling, offering for sale and/or otherwise
 * disposing of the Contribution as delivered hereunder 
 * (or portions thereof), provided that such covenant shall not apply:
 *  1) for code that a licensee deletes from the Contribution;
 *  2) separates from the Contribution; or
 *  3) for infringements caused by:
 *       i) the modification of the Contribution or
 *      ii) the combination of the  Contribution with other software or
 *          devices where such combination causes the infringement.
 *
 * ECC cipher suite support in OpenSSL originally written by
 * Vipul Gupta and Sumit Gupta of Sun Microsystems Laboratories.
 *
 */


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