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Re: Java3D license incompatible with DFSG?

On Sun, Sep 16, 2012 at 2:58 AM, Bernhard R. Link <brlink@debian.org> wrote:
> * Eric Smith <eric@brouhaha.com> [120915 20:38]:
>> 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.
> If they are explicitly stating they were not granting a license, why
> did they grant a license just in the lines before that? There is no
> restriction in the whole license text w.r.t. this field of endeavor.
> Only a statement that one should know that the software "is not
> designed, licensed or intended" for use there.

And right there is where we stop.  The software is not licensed for
use in a nuclear facility.  You have no grant of license in that
context and may not use the software in that context.  Any use of the
software in a nuclear facility is forbidden as you are not licensed to
use it there.   This is discrimination against a field of endeavor
(work in a nuclear facility) and is not DFSG Free.

As for copyrights being granted by licenses, that's the very
foundation of the GPL.  General Public License.  It is a grant of
copyright as long as you adhere to the license terms.


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