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Re: Bug#532456: Are these licenses DFSG?



Paul Wise wrote:
> On Tue, Nov 10, 2009 at 8:15 PM, Eugen Dedu
> <Eugen.Dedu@pu-pm.univ-fcomte.fr> wrote:
> 
>> snoopy:~/softs/ekiga/opal-svn/plugins/audio/GSM0610$ more COPYRIGHT
>> Copyright 1992, 1993, 1994 by Jutta Degener and Carsten Bormann,
>> Technische Universitaet Berlin
>>
>> Any use of this software is permitted provided that this notice is not
>> removed and that neither the authors nor the Technische Universitaet Berlin
>> are deemed to have made any representations as to the suitability of this
>> software for any purpose nor are held responsible for any defects of
>> this software.  THERE IS ABSOLUTELY NO WARRANTY FOR THIS SOFTWARE.
> 
> No permissions to modify and distribute modified versions under the
> same license. I imagine it was intended to be free software, but was
> written in an age when men were men and wrote their own broken
> licenses. A better license would be the MIT/Expat license or maybe the
> BSD license.

I feel this is not a problem, since it's debian's gsm package which gets
used, sorry.

>> G726:
>>  * This source code is a product of Sun Microsystems, Inc. and is provided
>>  * for unrestricted use.  Users may copy or modify this source code without
>>  * charge.
>>  *
>>  * SUN SOURCE CODE IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND
>> INCLUDING
>>  * THE WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
>>  * PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
>>  *
>>  * Sun source code is provided with no support and without any
>> obligation on
>>  * the part of Sun Microsystems, Inc. to assist in its use, correction,
>>  * modification or enhancement.
>>  *
>>  * SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE
>>  * INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY THIS
>> SOFTWARE
>>  * OR ANY PART THEREOF.
>>  *
>>  * In no event will Sun Microsystems, Inc. be liable for any lost revenue
>>  * or profits or other special, indirect and consequential damages, even if
>>  * Sun has been advised of the possibility of such damages.
> 
> No permissions to distribute modified or unmodified versions under the
> same license. I imagine it was intended to be free software, but was
> written in an age when men were men and wrote their own broken
> licenses. A better license would be the MIT/Expat license or maybe the
> BSD license.

So could it be in debian main or not?

>> LPC_10: I do not see any license in src sub-directory.
> 
> Worrying, but maybe OK if you can find out if the author meant it to
> be under the same license as the rest of the source package.

Well, the last release is from 1996, and there is no mention of
copyright in all these files.
(http://opalvoip.svn.sourceforge.net/viewvc/opalvoip/opal/trunk/plugins/audio/LPC_10/src/)

>> Speex: snoopy:~/softs/ekiga/opal-svn/plugins/audio/Speex$ more COPYING
>> Redistribution and use in source and binary forms, with or without
>> modification, are permitted provided that the following conditions
>> are met:
>>
>> - Redistributions of source code must retain the above copyright
>> notice, this list of conditions and the following disclaimer.
>>
>> - 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.
>>
>> - Neither the name of the Xiph.org Foundation nor the names of its
>> contributors may be used to endorse or promote products derived from
>> this software without specific prior written permission.
>>
>> 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 FOUNDATION OR
>> 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.
> 
> Basically the 3-clause BSD license, DFSG-free.
> 
> Please get upstream to strip that out of the source package and depend
> on the external speex library (see Debian Policy 4.13). You should
> notify the security team about the embedded code copy here too.

I suppose they prefer to have it upstream because it opal is
multi-platform and they need it for audio echo cancellation.

Anyway, the opal debian package uses system speex library, so everything
is ok I suppose.

>> gsm-amr: snoopy:~/softs/ekiga/opal-svn/plugins/audio/gsm-amr/src$ more
>> amrcodec.txt
>> This plugin implements an interface to the AMR-NB codec for OpenH323.
>>
>> For licensing reasons, the amr codec itself is not distributed with this
>> plugin. Instead, you must download it yourself from
>> http://www.3gpp.org/ftp/Specs/archive/26_series/26.104/26104-610.zip
>>
>> Unzip that file, and unzip the file 26104-610_ANSI_C_source_code.zip within
>> it into this directory.
> 
> You might like to point upstream at this free implementation of AMR-NB:
> 
> http://packages.debian.org/sid/libopencore-amrnb-dev
> 
> There is also an AMR-WB implementation:
> 
> http://packages.debian.org/sid/libopencore-amrwb-dev
> 
> Please make sure they don't add it as an embedded code copy.

The same as above: I suppose they prefer to have it upstream because it
opal is multi-platform and they need it for audio echo cancellation.
Morover, they do not want to bother with licenses.

Anyway, this is a good point.  I was using amr from upstream instead of
debian's one, I will change that.

Conclusion:
- I build with amr from debian (does it have features removed because of
license or is it identical to upstream?)
- gdm0610, speex and amr code from upstream will not get used, so no
problem here
- it remains the plugins 2 (g726) and 3 (lpc10), what to do with them?
I see that twinkle has g726 support too.

-- 
Eugen Dedu


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