Re: Alteon NIC firmware
(please direct followups to debian-legal@lists.debian.org)
Hi Jamie,
Jamie Lokier wrote:
> Indexing was turned off. They are all readable now.
Thanks for fixing it.
> The tools etc. were originally collected for a custom firmware
> projects (it was a popular board for that), and I decided to host them
> because Alteon were shutting down, and as a general principle of
> keeping source around.
>
> I'm not sure if the license would satisfy DFSG. It's pretty open as
> these things go.
Yes, looking over [1] and [2], I'm impressed. The work was
refreshingly public.
Do I understand correctly that the original Software the license
agreement is talking about is what I can find as
0c793d90688379bcb135cc1e6f5ea7cad4c2f13e opendrv.tar.gz
cbe58dcc0e470f161697b31b4b63e136b244eb6f openfw.tar.gz
at <http://people.freebsd.org/~wpaul/Alteon/>? (Thanks, Bill!)
Then my only potential worry re provenance would be files copyrighted
by someone other than Alteon, such as:
FILE trace.c
COPYRIGHT (c) Essential Communication Corp. 1995
FILE timer.c
COPYRIGHT (c) Essential Communication Corp. 1995
(and likewise for recv.h, proto.h, nic.h, and so on). Essential
Communication, Corp seems to have been bought by ODS Networks, Inc in
1998[3]. In 2000, ODS Networks started marketing an intrusion
detection system and changed its name to Intrusion.com, Inc, and in
2001 it changed names again to Instrusion, Inc to avoid the .com
bust[4]. In 2002, SBS Technologies bought Essential's copyrights and
employees from Intrusion, Inc[5]. In 2006, GE bought SBS
Technologies[6]; the relevant division of GE seems to be called "GE
Intelligent Platforms". It's possible someone at GE could clarify
whether Alteon had the right to distribute, modify, and relicense this
code. Anyway, I suspect it's ok.
Here are the terms from [2] for reference:
| SOFTWARE DRIVER DEVELOPMENT CODE LICENSE AGREEMENT
| AT ABSOLUTELY NO COST,
| Alteon WebSystems, INC. ("ALTEON"), IS WILLING TO LICENSE
| THE SOFTWARE DRIVER DEVELOPMENT CODE,
| INCLUDING ANY SAMPLE FIRMWARE FOR ALTEON NETWORK INTERFACE CARDS
| AND ADAPTERS INCLUDED THEREIN, AND THE ACCOMPANYING DOCUMENTATION
| (COLLECTIVELY, THE "SOFTWARE") TO YOU
| ONLY ON THE CONDITION THAT YOU ACCEPT
| ALL OF THE TERMS IN THIS AGREEMENT.
Well, I accept the terms in this agreement, so that should be fine
as long as those terms will allow distribution through a typical
mirrored software repository. Reading on:
| 1. LICENSE. Alteon grants you a limited, non-transferable, non-exclusive,
| perpetual license to use, execute and compile the Software solely for
| the purpose of creating, testing and providing software programs
| (herein, the "Authorized Drivers") for use with ALTEON ACEnic adapters
| and ALTEON network cards. You may copy the Software and may publicly
| display the source code of any Authorized Driver in educational
| journals and periodicals; provided that you reproduce all applicable
| copyright and other proprietary notices that are contained within the
| original copy of the Software. You may license the object code of an
| Authorized Driver, including the Software contained therein; provided
| that such Authorized Driver is restricted to use solely with ALTEON
| ACEnic adapters and ALTEON network cards. Except as expressly provided
| for in this Agreement, you may not use, copy, modify, or transfer the
| Software, or any copy thereof, in whole or in part.
|
| 2. OWNERSHIP. The Software is licensed to you for use only under the
| terms of this Agreement, and ALTEON reserves all rights not expressly
| granted to you. You will own any Authorized Drivers created by you,
| subject to ALTEON'S ownership of the underlying Software.
|
| 3. TERM. This Agreement will terminate immediately upon notice to you if
| you materially breach any term or condition of this Agreement. You
| agree upon termination to promptly destroy the Software and all copies
| thereof.
|
| 4. WARRANTY DISCLAIMER. The Software is provided to you on as "AS IS"
| basis. ALTEON AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER
| WARRANTIES AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES OR
| CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
| AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
| BY ALTEON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL
| INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW
| WARRANTIES.
|
| 5. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH
| HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
| ALTEON OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
| LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL,
| INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT
| OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED
| THEREWITH, OR FROM THE USE OR INABILITY TO USE ANY AUTHORIZED DRIVERS
| DEVELOPED BY YOU, EVEN IF ALTEON HAS BEEN ADVISED OF THE POSSIBILITY
| OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE
| FORESEEABLE. IN NO EVENT SHALL THE LIABILITY OF ALTEON OR ITS
| SUPPLIERS IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED
| FIVE HUNDRED DOLLARS ($500.00), REGARDLESS OF THE CAUSE OF ACTION.
|
| 6. GOVERNMENT END USER RIGHTS. The Software is provided with restricted
| rights.
|
| GOVERNMENT RIGHTS LEGEND
|
| The Software is a "commercial item" as that term is defined at 48
| C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software"
| and "commercial computer software documentation" as such terms are
| used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212
| and 48 C.F.R. 227.7202-1 through 227.7202-4
| (JUNE 1995), all U.S. Government End Users acquire the Software
| with only those rights set forth herein.
|
| 7. EXPORT LAW. The Software and related technology are subject to U.S.
| export control laws and may be subject to export or import regulations
| in other countries. You agree to strictly comply with all such laws
| and regulations and acknowledge that you have the responsibility to
| obtain such licenses to export, re-export or import as may be
| required. By downloading the Software, you agree to strictly comply
| with all of the United States and other applicable country laws and
| regulations when either exporting or re-exporting or importing this
| software or any underlying information or technology.
|
| 8. GENERAL. This Agreement will be governed by the laws of the State of
| California, without regard to or application of conflicts of law rules
| or principles. If any provision of this Agreement is held to be
| unenforceable, that provision will be removed and the remaining
| provisions will remain in full force. This Agreement is the complete
| and exclusive statement of the agreement between us which supersedes
| any proposal or prior agreement, oral or written, and any other
| communications between us in relation to the subject matter of this
| Agreement. If you have any questions concerning this Agreement, you
| may contact ALTEON by writing to Alteon WebSystems, INC., 50 Great
| Oaks Boulevard, San Jose, California 95119 or by calling (408)
| 360-5500.
| THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED
| STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED
| REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL
| PENALTIES.
The relevant permission is in clause 1:
You may license the object code of an Authorized Driver,
including the Software contained therein; provided that such
Authorized Driver is restricted to use solely with ALTEON
ACEnic adapters and ALTEON network cards.
where "Authorized Driver" is defined as
software programs [...] for use with ALTEON ACEnic adapters
and ALTEON network cards
If I understand correctly, this means that it is likely that Debian
and FreeBSD mirrors and similar projects can distribute the object
code. The terms for source code, on the other hand, are earlier in
that clause and unfortunately I don't think they are likely to work
well here.
| BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ
| THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
| CONDITIONS.
Contrary to the conclusion of some in Bug#284221[7], the above
paragraph seems to be about the person downloading the source today,
not the person using the object code tomorrow, and thus not to be too
relevant.
Corrections welcome, of course. What a mess.
Thanks to all for your work.
Jonathan
[1] http://web.archive.org/web/19991005130408/http://www.alteon.com/support/drivers.html
[2] http://web.archive.org/web/20000711071330/sanjose.alteon.com/license-agree.shtml
[3] http://business.globe24h.com/sec/001/11/111000/0000111819.shtml
[4] http://investing.businessweek.com/research/stocks/snapshot/snapshot_article.asp?ticker=INTZ:US
[5] http://www.sec.gov/Archives/edgar/data/880208/000095013402005596/0000950134-02-005596-index.htm
[6] http://www.ge-ip.com/news-events/detail/488
[7] http://thread.gmane.org/gmane.linux.debian.devel.kernel/5087
Reply to: