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Re: Is the Nokia Open Source License DFSG compliant?



Adam Warner wrote:
> I see a problem. Nokia has explicitly excluded royalty-free patent
> grants for many forms of derived works (refer 2.1(d)):

That is a problem!

> > a) under copyrights Licensable by Nokia to use, reproduce, modify, display,
> > perform, sublicense and distribute the Original Software (or portions thereof)
> > with or without Modifications, and/or as part of a Larger Work; 

So 2.1a allows redistribution of modified copyrighted code 

> > b) and under Patents Claims necessarily infringed by the making, using or
> > selling of Original Software, to make, have made, use, practice, sell, and
> > offer for sale, and/or otherwise dispose of the Original Software (or portions
> > thereof). 

And 2.1b allows redistribution of patented software.

> > d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
> > code that You delete from the Original Software; 2) separate from the Original
> > Software; or 3) for infringements caused by: i) the modification of the
> > Original Software or ii) the combination of the Original Software with other
> > software or devices.

But 2.d3 retracts the patent license for any infringements by
modifying the software.

> Nokia will almost certainly have multiple software patents covering the
> Original Software: <http://swpat.ffii.org/players/nokia/index.en.html>
> 

Ye gods, what a list! 

> This is an exercise in smoke and mirrors. You think you've been granted
> useful rights to distribute modified software when it turns out you
> can't exercise those rights without first obtaining a patent licence
> from Nokia.

Thanks for your analysis. I appreciate it, Adam. I'm hoping to package
for Debian the Common Lisp wilbur-rdf library
[http://wilbur-rdf.sourceforge.net].

Would you declare, then, that the Nokia license section 2.d3 violates
the "derived works" DSFG? The guideline says the derived work allow
derived works to be distributed under the same terms as the license,
but the derived works will not be granted a patent license if they
infringe on the any patents.

Thanks again for you help.

-- 
Kevin Rosenberg
kevin@rosenberg.net

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