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Re: Can the JRockit JVM go into non-free?



On Tue, 05 Oct 2004, Johan Walles wrote:
> I've filed RFP 273693 about the JRockit virtual machine for Java.  
> JRockit is definitely non-free, but what I'd like to know is whether 
> the re-distribution agreement is good enough for it to go into non-free 
> if someone wants to package it.
> 
> I've attached the re-distribution license terms to 
> "http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=273693";.  They are in 
> MS Word format, but open nicely in OpenOffice.

First off, if you wish us to discuss a license, please include the
whole text. I'm going to forgo doing this, because the license is
rediculously huge, and I think it's trivially not good enough for
non-free.
 
> So what do you say?  Are the terms good enough for non-free?

Doesn't look it to me.

     THIS JROCKIT BINARY RE-DISTRIBUTION AGREEMENT (this "Agreement")
     is entered into and effective as of the ___ day of ______, 200__
     ("Effective Date") by and between BEA Systems, Inc., a Delaware
     corporation, with its principal place of business at 2315 North
     First Street, San Jose, California 95131 ("BEA") and
     ____________________________, a ____________ corporation with its
     principal place of business at ___________________________
     ____________________________________________________________________________
     _________________ ("Distributor").


Mmmm... I smell a contract.


     "Value Added Solution(s)" means the Distributor product(s) or
     service(s) which Distributor must bundle with the Software prior
     to distribution under this Agreement.

     2.2 Restriction.  Each Value Added Solution must significantly
     enhance the features and/or functionality of the Software.


I'm not sure that Debian qualifies as a "Value Added Solution" as we
don't bundle non-free with Debian.


     |BEA Systems, Inc. ("BEA")           |("Distributor")                    |
     |a Delaware corporation              |a|                     |corporation|
     |Address for Notices:                |Address for Notices:               |
     |2315 North First Street             |                                   |
     |San Jose, California 95131          |                                   |
     |Attenti|Office of the General       |Attent|                           |
     |on:    |Counsel                     |ion:  |                           |
     |Phone: |408-570-8000                |Phone:|                           |
     |Fax:   |408-570-8901                |Fax:  |                           |
     |URL:   |http://www.bea.com          |URL:  |                           |


Uh, they want us to sign something to be able to distribute this? I
doubt our mirror operators and ftpmater will agree.

The user agreement itself is pretty bad as well, but since it doesn't
include permision to redistribute at all, it's pointless to discuss.


Don Armstrong

-- 
"People selling drug paraphernalia ... are as much a part of drug
trafficking as silencers are a part of criminal homicide."
 -- John Brown, DEA Chief

http://www.donarmstrong.com http://rzlab.ucr.edu

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