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Re: Bug#284190: ITP: drdsl -- DSL Assistant for AVM DSL/ISDN-Controllers

[Just realized that I only sent this to Matthias Klose and the bug, but
not to debian-legal.  This mail is to debian-legal only to avoid
duplicates; Mail-Followup-To set to everyone.]

Josh Triplett wrote:
> Matthias Klose wrote:
>>CC'ing debian-legal, please could you have a look at the license?
> The question being "is this acceptable to go into non-free"?
> [...]
>>The available AVM driver package consists of two portions, namely an Open
>>Source Software portion and a Proprietary Source Software portion. The
>>Proprietary Source Software portion is delivered in object code format only
>>and includes i.e. the lib.o files which, again, include libraries as well
>>as specific portions of the driver. The Open Source Software portion is
>>licensed under the terms and conditions of the GNU Lesser GPL (LGPL).
>>Please be aware of the requirements of the LGPL. You may easily download
>>the terms of the LGPL as follows:
>>On Debian GNU/Linux systems, the complete text of the GNU Lesser General
>>Public License can be found in `/usr/share/common-licenses/LGPL'.
>>In general, you may distribute both portions of the available AVM driver
>>package, i.e. on a distribution CD delivered in conjunction with your
>>products. In addition to the terms of the LGPL and under all AVM
>>intellectual property and proprietary rights, AVM grants you the worldwide,
>>non-exclusive and royalty-free rights
>> (1)   to use and copy                                                     
>> (2)   to make (and have made), use, import, sell, offer for sale or       
>>       otherwise distribute any of your (legal) products or services       
>>       containing (portions of) the AVM driver package, and                
>> (3)   to sublicense rights to the extend a license is necessary for using 
>>       your products or services.                                          
> Up to this point, the license seems acceptable for non-free; it seems to
> permit redistribution of the binary-only portion, and the LGPLed portion
> is of course acceptable.  However:
>>The Proprietary Source Software, which is delivered in object code format
>>only, such as the ".o files", shall in no event be disassembled, reverse
>>engineered, decompiled or otherwise "be opened" and the results realised
>>insofar shall not be copied or distributed without the prior written
>>approval of AVM except to the extent as may be expressly authorized under
>>mandatory law.
> This condition is incompatible with the GNU LGPL.  Clause 6 of the LGPL
> states in part:
>>  6. As an exception to the Sections above, you may also combine or
>>link a "work that uses the Library" with the Library to produce a
>>work containing portions of the Library, and distribute that work
>>under terms of your choice, provided that the terms permit
>>modification of the work for the customer's own use and reverse
>>engineering for debugging such modifications.
> It goes on to state that distributing object code for relinking is
> acceptable, as AVM does.  However, the license on the work as a whole,
> including the .o files, does not "permit modification of the work for
> the customer's own use and reverse engineering for debugging such
> modifications".
> The result is that neither the .o files which link to the library nor
> any compiled binary from both the .o files and the library can be
> distributed.
>>It is understood that you will be responsible/liable for the software which
>>you offer/distribute/make available in conjunction with or which you
>>combine with (portions of) the AVM driver package. For instance, we refer
>>to the implications mentioned in the LGPL in case of a breach (your rights
>>granted under LGPL would terminate automatically, see Art. 4 LGPL).  You
>>should state clearly that you offer any necessary support on your own.
> This clause doesn't look like a problem.
> Summary: non-distributable, because the license on the proprietary
> portion does not "permit modification of the work for the customer's own
> use and reverse engineering for debugging such modifications", which is
> incompatible with the LGPLed portion.
> - Josh Triplett

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