OK, another stab at this beast!
I've been in contact with Mark Delany, the Yahoo! engineer that wrote the
draft and administrates the DomainKeys SourceForge project. HINAL though,
AFAIK.
On Saturday 17 June 2006 19:41, Joe Smith took the opportunity to say:
> On 6/17/06, Magnus Holmgren <holmgren@lysator.liu.se> wrote:
> >[snip]
> > The whole DK thing is experimental, but for those wishing to experiment,
> > at
> > least Exim and SpamAssassin are prepared to use these prospective
> > packages.
> > It is also my understanding that Yahoo's license, unlike Microsoft's
> > SenderID
> > license, is quite OK. Is that correct?
>
> I don't know. I glanced at the licence, and it was not terribly clear, if
> you have not done so already, you should probably ask d-legal to look at
> the licence.
> I am CCing that list.
>
> Below is my initial analysis of the licence. The licence url is:
> http://domainkeys.sourceforge.net/license/softwarelicense1-1.html, and I
> have included a complete copy at the end of this message.
>
> Ok, 1.1 does not seem to grant the right to sell the code/program. Section
> 1.2 grants the right to sell "for the sole purpose of implementing a sender
> verification solution in connection with e-mail.". I'm not sure if limiting
> the scope of Sale is allowed by the DFSG or not.
But section 1.1 grants the right to modify and distribute the code. Without an
explicit limitation that must mean that one can charge any consideration for
it. Section 1.2 grants the right to infringe on the patents with the code
(and modifications to it) insofar it's needed to implement a sender
verification solution etc. But that's a patent license, and that can't be
directly connected to the code. They also license their patent claims under
their Patent License v 1.2, which says nothing about any particular code.
Anyway, section 1.2 can't limit the ways the code can be used with respect to
copyright, you can't expect them to completely waive their patents, and the
impact of patents on DFSG-freeness has already been discussed at length.
> I'm slightly concerned that the "specification" is an Internet-Draft. More
> distubing is that the Licence give a URL for the Draft, but the URL does
> not work.
> Section 3.3 says "You must create Your own product or service names or
> trademarks for Your Licensed Code and You agree not to use the term
> "DomainKeys" in or as part of a name or trademark for Your Licensed Code.".
> This may be a problem, considering the name of the package.
According to Mark Delany it's OK to call the package that as long as the
source code is unmodified. The DFSG specifically allows licenses that require
name changes if the code is modified.
> Section 3.5 is a you must obey the laws section.
>
> Section 3.8 is choice of law and venue.
Yes, those are the problematic ones. Instances of both have been discussed
here and are disliked by many, but was there consensus as to whether such
clauses go against the DFSG? DFSG 6 perhaps, if "breaking the law" is
a "Fields of Endeavor". OK, choice of venue can be nasty, but at least one is
entitled to get legal notice and a chance to respond in writing before having
to physically appear before the court for oral deliberations?
> It looks like Yahoo was indeed trying to create a a Free licence, or at
> least an Open-Source licence. However, it clearly fails the part 10 of the
> OSD (it is not technology nutral, as it is specific to e-mail), and is
> quite likely to be running afoul of the DFSG.
It should at least be uploadable to non-free. But in that case Exim can't be
linked with it unless Exim is moved to contrib, which is unacceptable. Seeing
as DomainKeys is experimental and even obsolete already, but still not
replaced with DKIM at Yahoo (for instance), the value of these packages can
be questioned. OTOH, DKIM is still experimental too. I think it can make
sense to include DomainKeys packages in Etch and drop them again for the next
release.
> -----------------------------------------
> FULL LICENCE TEXT:
>
> Yahoo! DomainKeys Public License Agreement v1.1
> (this "Agreement")
> Copyright (c) 2004, Yahoo! Inc.
> All rights reserved.
>
> This Agreement is between Licensor and You. You agree to be bound by all
> the terms and conditions set forth below, and, subject to those terms and
> conditions, You may use the intellectual property described below.
>
> 1. LICENSE GRANT.
>
> 1.1. Subject to the terms and conditions of this Agreement, each DomainKeys
> Developer hereby grants You a royalty-free, perpetual, worldwide,
> sublicensable, non-exclusive license to use, reproduce, modify, publicly
> display, publicly perform, and distribute the Licensed Code.
>
> 1.2. Subject to the terms and conditions of this Agreement, Licensor hereby
> grants You a royalty-free, perpetual, worldwide, sublicensable,
> non-exclusive license under its rights to the Yahoo! Patent Claims to make,
> use, sell, offer for sale, and/or import the Licensed Code for the sole
> purpose of implementing a sender verification solution in connection with
> e-mail.
>
> 2. DEFINITIONS.
>
> 2.1. "Contributions" means any modifications to the Licensed Code, and/or
> any portions thereof, that are distributed under this Agreement. A
> Contribution includes, without limitation, any addition to or deletion from
> the contents of a file containing any Licensed Code, or any new file that
> contains any part of the Licensed Code.
>
> 2.2. "DomainKeys Developer(s)" means Yahoo, Inc. ("Yahoo!"), Licensor,
> and/or any other individual or entity who distributes code under this
> Agreement.
>
> 2.3. "Licensed Code" means the Original Code, any Contributions (whether
> made by You or any DomainKeys Developer other than You), and the
> combination of Original Code and any such Contributions.
>
> 2.4. "Licensor" means Yahoo! or any other individual or entity that elects
> to use this Agreement to license intellectual property to any licensee.
>
> 2.5. "Original Code" means the source code and binary code that is based on
> the Specifications and distributed by or on behalf of Yahoo! under this
> Agreement for the sole purpose of implementing a sender verification
> solution in connection with e-mail, including any updates or upgrades to
> such code made available by Yahoo!.
>
> 2.6. "Specifications" means the specification having submission ID
> "draft-delany-domainkeys-base-01.txt" dated Aug 2004 published through the
> IETF (Internet Engineering Task Force). The Specifications may be found at
> the following link:
> http://antispam.yahoo.com/domainkeys/draft-delany-domainkeys-base-02.txt
>
> 2.7. "Yahoo! Patent Claims" shall mean those claims of all Yahoo! foreign
> and domestic patents and patent applications that base their priority on
> U.S. Provisional Patent Application Ser. Nos. 60/497,794, filed Aug. 26,
> 2003, or 60/553,300, filed Mar. 15, 2004, or U.S. Patent Application Ser.
> Nos. 10/671,319, filed Sep. 24, 2003, or 10/805,181, filed Mar. 19, 2004.
>
> 2.8. "You" or "Your" means an individual, company, or other legal entity
> exercising any rights under this Agreement. Any individual who accepts the
> terms and conditions of this Agreement on behalf of a company or other
> legal entity represents and warrants that the individual has the authority
> to enter into this Agreement on behalf of the company or other legal
> entity.
>
> 3. TERMS.
>
> 3.1. You agree not to assert against Yahoo!, any other DomainKeys Developer
> or any of their respective licensees under Section 3.4, a patent
> infringement claim based on the manufacture, use, sale, offer for sale
> and/or importation of any of the specific portions of a hardware or
> software implementation expressly required to be compliant with the
> Specifications for the sole purpose of implementing a sender verification
> solution in connection with e-mail ("Licensed Code IP Claim").
>
> 3.2. To indicate your assent to the terms and conditions of this Agreement
> and in order to obtain a license to use, reproduce, modify, publicly
> display, publicly perform, distribute, and sublicense Licensed Code, You
> must:
>
> (a) include, attach or preserve the following prominently displayed
> statement in the Licensed Code: "This code incorporates intellectual
> property owned by Yahoo! and licensed pursuant to the Yahoo! DomainKeys
> Public License Agreement.";
>
> (b) preserve the copyright and other proprietary notices and disclaimers of
> DomainKeys Developers as they appear in the Licensed Code; and
>
> (c) if the Licensed Code developed by You is distributed in source form,
> You must identify Yourself, in the source code of such Licensed Code, as
> the originator of any modifications in a manner that reasonably allows
> subsequent DomainKeys Developers or their licensees to identify the
> originator of the modifications.
>
> 3.3. You will not use the name of Yahoo! to endorse or promote any
> products, services, or Licensed Code without specific prior written
> permission of Yahoo!. "DomainKeys" is a trademark of Yahoo!. However, You
> may state Your Licensed Code is "DomainKeys compliant", "supports
> DomainKeys", or is "DomainKeys-enabled", without citation to Yahoo!. You
> must create Your own product or service names or trademarks for Your
> Licensed Code and You agree not to use the term "DomainKeys" in or as part
> of a name or trademark for Your Licensed Code.
>
> 3.4. You may choose to distribute Licensed Code or modifications under this
> Agreement or a different agreement, provided that:
>
> (a) a copy of this Agreement or the different agreement is included with
> each copy of the Licensed Code or modifications along with the following
> prominently displayed statement: "By using, reproducing, modifying,
> publicly displaying, publicly performing, distributing, and/or sublicensing
> this code as permitted, you agree to the terms and conditions of the Yahoo!
> DomainKeys Public License Agreement or other agreement contained herein.";
> and
>
> (b) if distributed under a different agreement, such different agreement
> contains terms and conditions that (i) provide no fewer rights, privileges
> and immunities to DomainKeys Developers than the terms and conditions of
> this Agreement, including, without limitation, Sections 1.2, 3.1, 3.4, 3.7,
> 4.1, 4.2, and 4.3, except that You may alter the terms and conditions of
> Section 1.1 and (ii) apply such terms and conditions to the Licensed Code
> and/or modifications made by You.
>
> 3.5. You acknowledge that Licensed Code may be subject to U.S. export
> restriction and other applicable national and international laws. You agree
> to comply with all export, re-export, or import restrictions, laws, or
> regulations.
>
> 3.6. Yahoo!, and only Yahoo!, may, from time to time and at its sole
> discretion, update or modify the terms of this Agreement. If Yahoo! makes
> any such modifications, You may continue under the terms and conditions of
> this Agreement or agree to the updated or modified terms and conditions.
> For the most recent version of this Agreement please contact Yahoo!.
>
> 3.7. This Agreement and the rights hereunder will terminate:
> (a) automatically without notice from Yahoo!, if You at any time during the
> term of this Agreement assert any Licensed Code IP Claim against Yahoo!;
>
> (b) upon written notice from Yahoo!, if You at any time during the term of
> this Agreement assert any Licensed Code IP Claim against any DomainKeys
> Developer (other than Yahoo!) or any licensees of any DomainKeys Developer;
> or
>
> (c) where (a) or (b) do not apply, automatically without notice from
> Yahoo!, if You fail to comply with any term(s) of this Agreement and fail
> to cure such breach within 30 days of You becoming aware of such breach.
>
> 3.8. This Agreement constitutes the entire agreement between the parties
> with respect to the subject matter hereof. This Agreement shall be governed
> by and construed under the laws of the United States and the State of
> California without giving effect to California conflict of law provisions
> or to construction provisions favoring either party. All actions arising
> out of or relating to this Agreement that involve Yahoo! as a party will be
> adjudicated exclusively by the Superior Court of the State of California
> for the County of Santa Clara or the United States District Court for the
> Northern District of California.
>
> 3.9. In the event that any provision of this Agreement is deemed to be
> invalid, such invalidity shall not affect the remainder of this Agreement.
>
> 4. LEGAL DISCLAIMERS.
>
> 4.1. THE YAHOO! PATENT CLAIMS, THIS AGREEMENT, LICENSED CODE, THE
> DOMAINKEYS TRADEMARK, AND THE SPECIFICATIONS ARE PROVIDED ON AN "AS IS"
> BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
> EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
> REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
> MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. You are solely
> responsible for determining the appropriateness of exercising any rights
> under this Agreement and using the Specifications, Licensed Code, and the
> DomainKeys trademark and assume all risks associated in connection
> therewith, including, but not limited to, the risks and costs of program
> errors, compliance with applicable laws, damage to or loss of data,
> programs or equipment, and unavailability or
> interruption of operations.
>
> 4.2. You expressly acknowledge and agree that no assurances are provided by
> DomainKeys Developers with respect to the validity of the Yahoo! Patent
> Claims or that the Specifications, Licensed Code, the DomainKeys trademark
> or any implementations related to the Specifications, Licensed Code or the
> DomainKeys trademark do not infringe or misappropriate the patent,
> trademark or other intellectual property rights of any other entity.
> DomainKeys Developers disclaim any liability to You for claims brought by
> any other person or entity based on infringement or misappropriation of
> intellectual property rights or otherwise. As a condition to exercising the
> rights and licenses granted hereunder, You hereby assume sole
> responsibility to secure any other intellectual property rights needed.
>
> 4.3. DOMAINKEYS DEVELOPERS SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT,
> INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
> (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 EXERCISE
> OF ANY RIGHTS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
> SUCH DAMAGES, AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL
> OF THEIR ESSENTIAL PURPOSE.
--
Magnus Holmgren holmgren@lysator.liu.se
(No Cc of list mail needed, thanks)
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