Re: Bacula: GPL and OpenSSL
On Thursday 07 June 2007 19:50, Walter Landry wrote:
> John Goerzen <jgoerzen@complete.org> wrote:
> > Kern believes that he must remove the explicit OpenSSL exemption from
> > the license in order to be fully GPL-compliant, and it appears that FSFE
> > agrees.
>
> I just read the contents of
>
> /usr/share/doc/bacula-director-sqlite/copyright
>
> I have reproduced it below for debian-legal. The Linking section,
> which is needed for linking with OpenSSL, is not a problem for
> GPL-compatibility. The other parts may or may not be a problem, and
> indeed seem superfluous, but all that is needed is the Linking
> section.
What you included is the old LICENSE, which unfortunately violated other
people's copyrights due to the linking clause. The other "modifications"
were not causing any problem.
However, I have now removed *all* modifications, so that the current Bacula
code as of a few hours ago has no modifications to GPL v2. I am attaching a
copy of the current LICENSE file as it is at this moment in the SVN
Best regards,
Kern
History:
The original Bacula code was Copyright Kern Sibbald and John Walker.
After November 2004, it became Copyright Kern Sibbald, and finally,
the copyright was transferred to the Free Software Foundation Europe
on 15 November 2006.
Trademark:
The name Bacula is a registered trademark.
===================================
License:
For the most part, Bacula is licensed under the GPL version 2
this code is listed under Copyright Free Software Foundation
Europe e.V. A small part of the code (less than 20 files) is
copyrighted under the GPL by other people (FSF, Sun, ...).
What follows is information from the authors of the code:
Linking:
Bacula may be linked with any libraries permitted under the GPL.
However, if configured with encryption Bacula does use the
OpenSSL libraries which are, unfortunately, not compatible with
GPL v2. To the best of our knowledge these libaries are not
distributed with Bacula code because they are shared objects, and
as such there is no conflict with the GPL according what I (Kern)
understand in talking to FSFE. If you take a more severe stance
on this issue, and you are going to distribute Bacula, then
simply do not use the --with-openssl when building your package,
and no use of OpenSSL even through dynamic linking will be
included.
IP rights:
Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other
entity. Each Contributor disclaims any liability to Recipient
for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any. For example, if a
third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to
acquire that license before distributing the Program.
Copyrights:
Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
Code falling under the above conditions will be marked as follows:
Bacula® - The Network Backup Solution
Copyright (C) 2000-2006 Free Software Foundation Europe e.V.
The main author of Bacula is Kern Sibbald, with contributions from
many others, a complete list can be found in the file AUTHORS.
This program is Free Software; you can redistribute it and/or
modify it under the terms of version two of the GNU General Public
License as published by the Free Software Foundation, a copy of which
is in the LICENSE file
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
Bacula® is a registered trademark of John Walker.
The licensor of Bacula is the Free Software Foundation Europe
(FSFE), Fiduciary Program, Sumatrastrasse 25, 8006 ZÃŒrich,
Switzerland, email:ftf@fsfeurope.org.
Windows:
Certain source code used to build the Windows version of the
Bacula File daemon is copyrighted and or trademarked by Microsoft
and may contain Microsoft intellectual property (examples:
Microsoft VC++, the source to the VSS libraries, the Microsoft C
runtime libraries). As such we cannot and do not distribute that
software. We are permitted however to distribut Bacula with the
necessary Microsoft libraries in binary form.
You may obtain the parts that we cannot distribute as follows. The
Microsoft compiler available for purchase, and Microsoft provides a free
version of the compiler. The source code and libraries are available for
download from Microsoft public Web servers. We have documented in the
src/win32 directory the URLs from which we obtained the library source, and
how we build the Windows File daemon and many users have succeeded in doing
so themselves. Our intention is to respect as closely as possible Open
Source practices while maintaining full respect for proprietary and
copyrighted code.
=====================================
The entire GPL is reproduced below, in the manuals distributed with the
Bacula documentation and can also be found online on the GNU web site
as well as at www.bacula.org. You may also obtain a copy of the
GPL (or LGPL) by writing to: Free Software Foundation, Inc.,
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
The Four Freedoms Guaranteed by the GPL:
Freedom zero is the freedom to run the program as you wish for any purpose.
Freedom one is the freedom to study the source code and change it
to do what you wish.
Freedom two is the freedom to help your neighbour, that's the
freedom to make copies and distribute them to others when you
wish.
Freedom three is the freedom to help your community, that's the
freedom to publish or distribute modified versions when you wish.
Other Licenses:
Certain parts of the Bacula software are licensed by their
copyright holder(s) under the GPL. These software files are
clearly marked as such.
There are parts of Bacula that are licensed under the LGPL so
that they may be used in proprietary code to interface with
Bacula.
Finally there are parts of Bacula that are in the public domain.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS 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 COPYRIGHT OWNER
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============== Text of GPL version 2 license ========
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<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
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the Free Software Foundation; either version 2 of the License, or
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Also add information on how to contact you by electronic and paper mail.
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Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
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consider it more useful to permit linking proprietary applications with the
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===========================================
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