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Re: Java3D license incompatible with DFSG?

I quoted from the Sun license on Java3D:
* You acknowledge that this software is not designed, licensed or
* intended for use in the design, construction, operation or
* maintenance of any nuclear facility.
Steve Langasek wrote:
This is a standard "No warranty" clause wrt nuclear facilities in the US. It is not a restriction placed on the use of the software in nuclear facilities by the copyright holder, it is a CYA statement that the software has not been approved *by the government regulatory agencies* for use in nuclear facilities in the US. Warranty disclaimers are fine under the DFSG.

While that may[*] have been the intent, it specifically states that the software is "not [...] licensed". It is explicitly stating that Sun was not granting the BSD license, or any other license, to those in that field of endeavor. Since the license is the only thing that grants permission to make copies of the software, those in that field of endeavor are not permitted to make copies. That is inconsistent with the DFSG.

I also dispute the idea that there is "a standard 'No warranty' clause wrt nuclear facilities in the US". The (admittedly limited) research I have done suggests that this clause is simply something that Sun's lawyers invented, and was subsequently copied by quite a few otherwise open-source projects, mostly those using Java. Since the 1960s it has been common for manufacturers of electronic components and equipment to disclaim liability for use of their products in life-critical or safety-critical systems, but as far as I can tell there wasn't any widespread use of an anti-nuclear clause.


[*] I don't think this has anything to do with whether the US government has approved the software; that is up to the government and not Sun. Rather I think the purpose was to disclaim liability for any nuclear attack or meltdown. Either way, though, it is just speculation.

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