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[Fwd: Re: httping license issues]

Hello all,

Some days ago I sent an email to the upstream author of httping (a GPL
ping tool for HTTP request using OpenSSL) and I got this reply by him
today.

I got the package rejected from ftpmaster some time ago, that's way I
wanted to explain a little bit all the GPL vs OpenSSL license issues to
the author.

So, is it right to do what the upstream author is asking to do? I mean,
to add the exception on every file using OpenSSL. Is that correct? Does
the code have to be modified in some other way? Maybe the COPYING file
too? I just want to make sure from legal experts.

Please cc: me, since I'm not suscribed to -legal.

Thanks in advance,

-- 
David Moreno Garza <damog@damog.net> | http://www.damog.net/
 GPG 356E16CD - 84F0 E180 8AF6 E8D0 842F  B520 63F3 08DB 356E 16CD
--- Begin Message --- 
Hi David,

I've opted for the second option: the one explained in that e-mail you gave
a link to.
As I'm not a native English speaker/reader/writer I might have misunderstood
what is written there.
Am I right that I have to add this text to all code? Or just the files doing
OpenSSL stuff? Or not at all?

 The GPL applies to this program.      <--- added by me
  In addition, as a special exception, the copyright holders give
  permission to link the code of portions of this program with the
  OpenSSL library under certain conditions as described in each
  individual source file, and distribute linked combinations
  including the two.
  You must obey the GNU General Public License in all respects
  for all of the code used other than OpenSSL.  If you modify
  file(s) with this exception, you may extend this exception to your
  version of the file(s), but you are not obligated to do so.  If you
  do not wish to do so, delete this exception statement from your
  version.  If you delete this exception statement from all source
  files in the program, then also delete it here.

On Tue, 27 Jul 2004, David Moreno Garza wrote:

> Date: Tue, 27 Jul 2004 17:40:25 -0500
> From: David Moreno Garza <damog@damog.net>
> To: Folkert Van Heusden <folkert@vanheusden.com>
> Subject: httping license issues
>
> Hello,
>
> If you recall correctly, I wrote to you an email some weeks ago telling
> you about packaging httping for Debian, which you found correct and let
> me free to do it.
>
> Anyway, we found some license issues involving httping, because of GPL
> (being httping licensed under it) and OpenSSL (which httping uses for
> SSL connections). I don't want you to take me as bad words, but I think
> you probably don't have a correct interpretation of OpenSSL license, let
> me tell you:
>
> OpenSSL license introduces these two importante clauses:
>    * 3. All advertising materials mentioning features or use of this
>    *    software must display the following acknowledgment:
>    *    "This product includes software developed by the OpenSSL Project
>    *    for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
>
>    * 6. Redistributions of any form whatsoever must retain the following
>    *    acknowledgment:
>    *    "This product includes software developed by the OpenSSL Project
>    *    for use in the OpenSSL Toolkit (http://www.openssl.org/)"
>
>
> These clauses impose restrictions on people wishing to distribute your
> program. If your program is licensed under the GPL, these restrictions
> conflict with the following clause in the GPL
>
>     6. Each time you redistribute the Program (or any work based on the
>   Program), the recipient automatically receives a license from the
>   original licensor to copy, distribute or modify the Program subject to
>   these terms and conditions.  You may not impose any further
>   restrictions on the recipients' exercise of the rights granted herein.
>
> Anyway, I would just love to tell you that it might be proper to handle
> all that license stuff, please don't misunderstand my words, I'm doing
> this because I'm interested in httping being included on Debian, as well
> as, being free software, contribute a little bit with it.
>
> Please, you could refer to this explation page:
> http://www.gnome.org/~markmc/openssl-and-the-gpl.html
>
> And, if you are interested on adding a GPL exception to the code, this
> might be useful:
> http://lists.debian.org/debian-legal/2004/05/msg00595.html
>
> Although, you could always use GNUtls, for SSL functions.
>
> However, it could be useful to you, to read a position which I really
> share, which is this:
> http://lists.debian.org/debian-legal/2004/05/msg00754.html
> Made by Branden Robinson, Debian Developer.
>
> Thank you in advance Folkert,
>
> --
> David Moreno Garza <damog@damog.net>
>  http://www.damog.net/
>  PGP 356E16CD - 84F0 E180 8AF6 E8D0 842F  B520 63F3 08DB 356E 16CD
>



Folkert van Heusden

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