On Wed, 19 Apr 2006 11:14:30 +0100 MJ Ray wrote:
> Gregory Colpart <reg@evolix.fr>
> > I want to package Forwards (see my ITP [1]), a non-Apache
> > software under Apache License 1.1 [2]).
>
> [2] is not the Apache License 1.1, but is Apache-1.1-like.
> I think your ITP License line is incorrect.
I agree.
The license is definitely similar, but not equal to Apache Software
License, Version 1.1
Actually it's ASLv1.1 with the necessary substitutions to adapt it to
Horde Project's Forwards.
[...]
> > Could you confirm me that my package will be DFSG-compliant ?
>
> Not entirely, but it looks like it probably will be.
I don't agree.
The license under analysis is fully quoted below (for future reference).
I do *not* think that a work released solely under this license can be
considered to comply with the DFSG.
| Version 1.0
|
| Copyright (c) 2002-2004 The Horde Project. All rights reserved.
|
| Redistribution and use in source and binary forms, with or without
| modification, are permitted provided that the following conditions are
| met:
|
| 1. Redistributions of source code must retain the above copyright
| notice, this list of conditions and the following disclaimer.
|
| 2. Redistributions in binary form must reproduce the above copyright
| notice, this list of conditions and the following disclaimer in the
| documentation and/or other materials provided with the distribution.
|
| 3. The end-user documentation included with the redistribution, if
| any, must include the following acknowledgment:
|
| "This product includes software developed by the Horde Project
| (http://www.horde.org/)."
|
| Alternately, this acknowledgment may appear in the software itself, if
| and wherever such third-party acknowledgments normally appear.
|
| 4. The names "Horde", "The Horde Project", and "Forwards" must not be
| used to endorse or promote products derived from this software without
| prior written permission. For written permission, please contact
| core@horde.org.
|
| 5. Products derived from this software may not be called "Horde" or
| "Forwards", nor may "Horde" or "Forwards" appear in their name,
| without prior written permission of the Horde Project.
|
| THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
| WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
| MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
| IN NO EVENT SHALL THE HORDE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
| ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
| DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
| GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
| INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
| IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
| OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
| ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
| This software consists of voluntary contributions made by many
| individuals on behalf of the Horde Project. For more information on
| the Horde Project, please see <http://www.horde.org/>.
The non-free part is, IMO, clause 5.
Actually this clause is basically identical to (the first part of)
clause 4 of PHP license version 3.01: there have been many
discussions[1][2][3][4][5][6][7] about PHP license version 3.01 on
debian-legal.
In a nutshell, this clause is a nasty restriction that goes beyond what
is allowed (as a compromise!) by DFSG#4.
It goes beyond because it forbids an entire infinite class of names for
derivative works, not just one (as allowed by DFSG#4).
Unfortunately only few people on debian-legal seem to agree that this
problem exists, while I see it as crystal clear...
Anyway, If I were you, I would try and persuade upstream to change
license.
Since the current license is a clone of Apache Software License, Version
1.1, you could suggest that they switch to Apache License Version
2.0[8], which is DFSG-free and can be applied unmodified to any work
(not just Apache!).
Alternatively, they could switch to the 3-clause BSD license[9], which
is quite similar to the current license (after dropping clauses 3. and
5.), but DFSG-free.
References:
[1] http://lists.debian.org/debian-legal/2005/10/msg00124.html
[2] http://lists.debian.org/debian-legal/2005/10/msg00127.html
[3] http://lists.debian.org/debian-legal/2006/01/msg00056.html
[4] http://lists.debian.org/debian-legal/2006/01/msg00066.html
[5] http://lists.debian.org/debian-legal/2006/01/msg00339.html
[6] http://lists.debian.org/debian-legal/2006/02/msg00013.html
[7] http://lists.debian.org/debian-legal/2006/04/msg00112.html
[8] http://www.apache.org/licenses/LICENSE-2.0
[9] http://www.gnu.org/licenses/info/BSD_3Clause.html
--
:-( This Universe is buggy! Where's the Creator's BTS? ;-)
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