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 infrastructure. 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. [...] > YOU MAY NOT MODIFY 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. [...] > 3. DISTRIBUTION. [...] > 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 requirement. 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 Key fingerprint = C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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