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Re: New Adobe ICC profile license evaluation

On Tue, 29 Nov 2005 14:40:24 -0700 Oleksandr Moskalenko wrote:

> Hi,

Hi!  :)

> Adobe just released their first Unix/Linux bundle of those ICC
> profiles under the license referenced and listed below. There are two
> legal parts to this - "Bundling Agreement" for distributors and a
> "Color Profile License Agreement" (Adobe EULA). I personally think
> after reviewing it that the license is non-free,

>From the few parts I had time to read, I would say you are quite right.
Definitely non-free.

> but to decide if the
> bundle is even distributable by Debian, so I can include those
> profiles into my non-free icc-profiles package, I hope that someone
> more experienced in these matters would like to take a look at the
> licenses. The first part that is stopping me from calling it
> distributable in Debian's non-free is section 3 of the Bundling
> Agreement. First, there is a requirement of defence and idemnification
> against third parties, which I am not sure that Debian can accept.
> Second, there is a requirement of obtaining the agreement of the end
> user under the EULA.

This one is unacceptable, IMHO.
And practically unimplemented in the Debian repository and mirror
There's no click-wrap license or similar capability in dpkg, apt-get,
aptitude or synaptic...
Nor should there be!   ;-) 

> That seems to require explicit action of
> agreement from an end user that I am not sure a regular user who just
> installs the Debian package and never reads the copyright file
> provides. There may be more to these licenses that I missed, so I'm
> including the complete text below.

Thanks for including complete texts.

> Source:
> http://www.adobe.com/support/downloads/iccprofiles/icc_eula_unix_dist.html
> Full text:
> 2. LICENSE. Subject to the terms of this Agreement, Adobe hereby
> grants you the worldwide, nonexclusive, nontransferable, royalty-free
> license to use, reproduce, and publicly display the Software.

This suffices to make the license definitely non-free (fails DFSG#3).

Note that I didn't find enough time to thoroughly review the license:
thus there may be many more reasons why it's non-free, but the
above-quoted part suffices.

> If you distribute the Software on a standalone or bundled basis,
> you will do so by first obtaining the agreement of the end user under
> the terms of either the Adobe End User License Agreement ("Adobe
> EULA"), attached as Exhibit B, or your own license agreement which
[bunch of conditions follows...]

As stated above, the Debian infrastructure cannot satisfy this
And I think we should not accept such a requirement.

This makes the software unsuitable for distribution by the Debian
project, even in the non-free section, IMHO.

    :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
  Francesco Poli                             GnuPG Key ID = DD6DFCF4
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