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Re: LGPL code that includes files licensed under Sun Public License 1.0 - DFSG-free?



On Sun, 09 Aug 2009 10:27:27 -0700 Tony Mancill wrote:

[...]
> We are trying to determine the licensing status of a new package,
> libjxp-java, for which most of the source is licensed under the LGPL,
> but includes 2 (modified) files for which the original license is the
> Sun Public License 1.0.  Searches of debian-legal and other resources
> seem to indicate that the Sun Public License is not DFSG-free
[...]

The Sun Public License seems to be similar to the MPL, which I
personally consider as incapable to meet the DFSG.
Other debian-legal regulars seem to share my opinion:
http://lists.debian.org/debian-legal/2004/06/msg00221.html
http://lists.debian.org/debian-legal/2006/03/msg00551.html

On the other hand, other people disagree with me and claim that the MPL
is perfectly acceptable for Debian main (some of these people claimed
this in a rather rude and insulting way):
http://lists.debian.org/debian-legal/2007/07/msg00197.html
http://lists.debian.org/debian-legal/2007/07/msg00215.html

> Does this require the
> package to placed into non-free?

To determine this, we must first understand the relationship between
those two SPL'ed files and the rest of the package, which is LGPL'ed.

As a matter of fact, and independently from the DFSG-freeness debate,
the SPL is GPL-incompatible, as confirmed by the FSF:
http://www.gnu.org/licenses/license-list.html#SPL

Hence, *if* those two files are *part of* the LGPL'ed library (rather
than just linked with it, or merely aggregated), then I am under the
impression that the package is legally undistributable, and thus should
*not* be distributed by the Debian Project at all (no matter through
which archive: main, contrib, or non-free!).

Tony, could you please clarify the relationship between the two files
and the rest of package?

What do other debian-legal regulars think?

[...]
> P.S. Please cc: me on replies, as I am not subscribed to the list.

Done.
I assumed Gregor was to be Cc:ed too, please correct me if I'm wrong.


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