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Re: Bug#532456: Are these licenses DFSG?



On Wed, Nov 11, 2009 at 1:10 AM, Eugen Dedu
<Eugen.Dedu@pu-pm.univ-fcomte.fr> wrote:
> 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.

If Debian's gsm package has the same license, it is also technically
in violation of the license and the DFSG.

>>> 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?

No, see the DFSG.

>>> 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/)

Unfortunately copyright happens by default. If LPC_10 is written by
the same people as the other parts of opal, then it might be
reasonable to assume LPC_10 is under the same license as the rest of
opal. In any case the situation needs upstream clarification.

>>> 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?)

libopencore-amrnb-dev is a reimplementation, IIRC it isn't derived
from the 3GPP AMR.

> - gdm0610, speex and amr code from upstream will not get used, so no
> problem here

GSM0610 code needs to be removed from the tarball, it is non-free.

Same for the AMR-NB code.

speex code should really be removed from the tarball by upstream,
embedded code copies are bad for all distributions, not just Debian.
If upstream isn't willing to do so, since you'll need to repack the
tarball for AMR-NB, G726 and GSM0610 removal, you may as well remove
the speex code at the same time so future uploads are less likely to
stop building against the external speex.

> - it remains the plugins 2 (g726) and 3 (lpc10), what to do with them?
> I see that twinkle has g726 support too.

G726 code needs to be removed from the tarball, it is non-free.

Not sure about lpc10, the copyright/license needs to be clarified by upstream.

-- 
bye,
pabs

http://wiki.debian.org/PaulWise
http://bonedaddy.net/pabs3/


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