mindterm copyright (more opensslish stuff)
After 5 months in Incoming, mindterm was rejected from the US archive
due to possible license incompatabilities. The situation is pretty
unclear so I'd appreciate advice.
Mindterm is a ssh client implemented wholly in java. As a whole it is
licensed under the GPL (later versions were taken proprietary, so I
cannot count on much assistance from upstream). Some bits have various
BSD licences; it even includes code derived from xterm (!)
One file, DES.java, has the following comment:
/******************************************************************************
*
* Copyright (c) 1998,99 by Mindbright Technology AB, Stockholm, Sweden.
* www.mindbright.se, info@mindbright.se
*
* !!! Author's comment: The contents of this file is heavily based
* upon Tatu Ylonen's c-code (from the ssh1.2.26 package). That code
* in its turn (as stated) is based upon Eric Young's libdes-3.06. The
* original code is hence nowadays under a stricter license than
* stated in the ssh1.2.26 package so you might want to look into Eric
* Young's recent copyright-notice (which is enclosed below for
* correctness).
*/
(Followed by a license similar to the problimatic one in openssl, including
an advertising clause that is GPL-incompatable.)
So, they took the DES code from the ssh 1.2.26 source code (note that
that version of ssh was non-free as a whole; openbsd chose an earlier
version to fork). They rewrote it in java, but it is still presumably a
derivative work.
I think they're wrong that "original code is hence nowadays under a stricter
license": instead the license of whatever version of the code was originally
used is the one mindterm would inherit as a derivative work. I downloaded ssh
1.2.16, and found the following license in des.c:
DES implementation; 1995 Tatu Ylonen <ylo@cs.hut.fi>
This implementation is derived from libdes-3.06, which is copyright
(c) 1993 Eric Young, and distributed under the GNU GPL or the ARTISTIC licence
(at the user's option). The original distribution can be found e.g. from
ftp://ftp.dsi.unimi.it/pub/security/crypt/libdes/libdes-3.06.tar.gz.
This implementation is distributed under the same terms. See
libdes-README, libdes-ARTISTIC, and libdes-COPYING for more
information.
If this license applies to the code in mindterm, all is well.
So, to attempt to graph this:
ssh-1.2.12 --------------------> openssh
(free enough for openbsd) (BSD)
| ^
| |
v (linked into)
libdes-3.06 ----------------> ssh-1.2.26 ---------> mindterm |
(GPL/Artistic) (mostly non-free; |
| DES is GPL/Artistic) |
| |
| |
----------------------------------> openssl --------------------
(BSD w/ad clause)
(Of course libdes might have been in ssh 1.2.12 as well, and openbsd
removes it; which wouldn't change the overall point.)
I have attached an attempt at updating mindterm's copyright file with
this information.
--
see shy jo
This is a Debian prepackaged version of mindterm.
This package was put together by Joey Hess <joeyh@debian.org>, using
sources from:
http://www.mindbright.com/products/mindterm/
Note that newer versions of mindterm are available, but their license is not
free. However, this particular version, 1.2.1, is licensed under the GPL (with
some exceptions outlined below); the full terms of which may be found in
/usr/share/common-licenses/GPL on a Debian system.
Most of mindterm is copyright as follows:
* Copyright (c) 1998,99 by Mindbright Technology AB, Stockholm, Sweden.
* www.mindbright.se, info@mindbright.se
*
* This program is free software; you can redistribute it and/or modify
* it under the terms of the GNU General Public License as published by
* the Free Software Foundation; either version 2 of the License, or
* (at your option) any later version.
*
* This program is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty of
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
* GNU General Public License for more details.
Additionally, mindterm's DES code was derived from C code in ssh 1.2.26.
The comment in mindterm's DES.java is:
/******************************************************************************
*
* Copyright (c) 1998,99 by Mindbright Technology AB, Stockholm, Sweden.
* www.mindbright.se, info@mindbright.se
*
* !!! Author's comment: The contents of this file is heavily based
* upon Tatu Ylonen's c-code (from the ssh1.2.26 package). That code
* in its turn (as stated) is based upon Eric Young's libdes-3.06. The
* original code is hence nowadays under a stricter license than
* stated in the ssh1.2.26 package so you might want to look into Eric
* Young's recent copyright-notice (which is enclosed below for
* correctness).
*/
I belive the author's comment is incorrect; the more recent (GPL-incompatable)
licenses applied to Eric Young's DES library are immateral, what matters is
the license of the version from which mindterm was derived. The license of
des.c from ssh 1.2.26 follows:
DES implementation; 1995 Tatu Ylonen <ylo@cs.hut.fi>
This implementation is derived from libdes-3.06, which is copyright
(c) 1993 Eric Young, and distributed under the GNU GPL or the ARTISTIC licence
(at the user's option). The original distribution can be found e.g. from
ftp://ftp.dsi.unimi.it/pub/security/crypt/libdes/libdes-3.06.tar.gz.
This implementation is distributed under the same terms. See
libdes-README, libdes-ARTISTIC, and libdes-COPYING for more
information.
The complete text of the GPL is, again, in /usr/share/common-licenses/GPL
on Debian systems, while the complete text of the Artistic license is in
/usr/share/common-licenses/Artistic.
Other parts of mindterm were derived from C code under the following license:
Copyright (c) 1988 X Consortium
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the X Consortium shall not be
used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization from the X Consortium.
/*
* Copyright 1987 by Digital Equipment Corporation, Maynard, Massachusetts.
*
* All Rights Reserved
*
* Permission to use, copy, modify, and distribute this software and its
* documentation for any purpose and without fee is hereby granted,
* provided that the above copyright notice appear in all copies and that
* both that copyright notice and this permission notice appear in
* supporting documentation, and that the name of Digital Equipment
* Corporation not be used in advertising or publicity pertaining to
* distribution of the software without specific, written prior permission.
*
*
* DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
* ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL
* DIGITAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
* ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
* WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
* ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
* SOFTWARE.
*/
Part of the mindterm source is copyright under the following license (but
that source is not used to produce the Debian binary package):
// This DES class has been extracted from package Acme.Crypto for use in VNC.
// The bytebit[] array has been reversed so that the most significant bit
// in each byte of the key is ignored, not the least significant. Also the
// unnecessary odd parity code has been removed.
//
// These changes are Copyright (C) 1998 Olivetti & Oracle Research Laboratory
//
// This software is distributed in the hope that it will be useful,
// but WITHOUT ANY WARRANTY; without even the implied warranty of
// MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
//
// DesCipher - the DES encryption method
//
// The meat of this code is by Dave Zimmerman <dzimm@widget.com>, and is:
//
// Copyright (c) 1996 Widget Workshop, Inc. All Rights Reserved.
//
// Permission to use, copy, modify, and distribute this software
// and its documentation for NON-COMMERCIAL or COMMERCIAL purposes and
// without fee is hereby granted, provided that this copyright notice is kept
// intact.
//
// WIDGET WORKSHOP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY
// OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
// TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
// PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WIDGET WORKSHOP SHALL NOT BE LIABLE
// FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR
// DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES.
//
// THIS SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE OR RESALE AS ON-LINE
// CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
// PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
// NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
// SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE
// SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
// PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). WIDGET WORKSHOP
// SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
// HIGH RISK ACTIVITIES.
//
//
//
// The rest is:
//
// Copyright (C) 1996 by Jef Poskanzer <jef@acme.com>. All rights reserved.
//
// Redistribution and use in source and binary forms, with or without
// modification, are permitted provided that the following conditions
// are met:
// 1. Redistributions of source code must retain the above copyright
// notice, this list of conditions and the following disclaimer.
// 2. Redistributions in binary form must reproduce the above copyright
// notice, this list of conditions and the following disclaimer in the
// documentation and/or other materials provided with the distribution.
//
// THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
// ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
// IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
// ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
// FOR ANY DIRECT, 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.
The debian packaging of mindterm, including index.html, is hereby placed in
the public domain.
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