Re: redistributability of two software pieces in non-free
I am in agreement that this license is incompatible with the DFSG. It
specifies academic use as opposed to general permission for use,
references undefined interests on the part of the author, specifically
disallows commercial use, requires further interaction from the author
to approve redistribution, and contains an odd bug report submission
requirement that makes me wonder if discussion of bugs outside of
reports to the author would possibly be cause for legal action on the
author's part.
With regard to inclusion in non-free, Debian archive maintainers would
be redistributing the software to end users, and I don't see how
compliance with the license in this context on the part of mirror
operators would be possible. I would vote "no" on inclusion of this
software in non-free.
Best Wishes,
Philip Paradis
On 9/14/13 02:35 , Johannes Schauer wrote:
> Dear debian-legal readers,
>
> here the relevant parts of the copyright of a piece of software
> which is necessary for vmd, a molecular visualization program:
>
> --%<---------------------------------------------------------------------------
>
>
* Copyright Notice:
> * All rights reserved, whether the whole or part of the program
> is * concerned. The software may not be used without specific,
> prior * written permission of the author. * * An academic licence
> agreement for the package ASC/GM or its parts * is granted if you
> make the following commitments: * 1) In using this software, the
> user will respect the interests of * the author. * 2) The use
> of the software in commercial activities is not allowed *
> without a prior written commercial licence agreement. The program *
> will not be used in classified research. * 3) Other interested
> research groups will be redirected * to the author. The user
> will not redistribute the code outside * his immediate research
> group. * 4) The copyright messages will not be modified or
> suppressed. * 5) The reference given below will be cited in any
> publication * of scientific results based in part or completely
> on use of the * program. * 6) Bugs will be reported to the
> author. * * Permission to use, copy, and modify this software and
> * its documentation is hereby granted without fee for * academic
> use, provided * that the above copyright notices and this
> permission notice appear in * all copies of the software and
> related documentation. * * THE SOFTWARE IS PROVIDED "AS-IS" AND
> WITHOUT WARRANTY OF * ANY KIND, * EXPRESS, IMPLIED OR OTHERWISE,
> INCLUDING WITHOUT LIMITATION, ANY * WARRANTY OF MERCHANTABILITY OR
> FITNESS FOR A PARTICULAR PURPOSE. * * IN NO EVENT SHALL THE AUTHOR
> BE LIABLE FOR * ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
> DAMAGES OF ANY KIND, * OR ANY DAMAGES WHATSOEVER RESULTING FROM
> LOSS OF USE, DATA OR PROFITS, * WHETHER OR NOT ADVISED OF THE
> POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF * LIABILITY, ARISING
> OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE * OF THIS
> SOFTWARE.
> -->%---------------------------------------------------------------------------
>
> The rest is only contact address and the to-be-included list of
> references to the author's papers.
>
> While this software violates dfsg without doubt, I wonder if it
> could be distributed in non-free because it states that it can only
> be copied for academic use. Is copying equal to distribution?
>
> The "Bugs will be reported to the author" clause also strikes me as
> quite weird and I'm not sure how to comply with it in practice. The
> main website of the tool is down and the author doesnt seem to work
> there anymore. No surprise as the software is from 1994...
>
> A similar issue arises for another piece of software, also required
> for vmd. It's copyright reads:
>
> --%<---------------------------------------------------------------------------
>
>
The source code for SURF is copyrighted by the original author and the
> University of North Carolina at Chapel Hill. Permission to use,
> copy, modify, and distribute this software and its documentation
> for educational, research, and non-profit purposes is hereby
> granted, provided this notice, all the source files, and the
> name(s) of the original author(s) appear in all such copies.
>
> BECAUSE THE CODE IS PROVIDED FREE OF CHARGE, IT IS PROVIDED "AS IS"
> AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
> -->%---------------------------------------------------------------------------
>
> Here it states distribution directly but also adds the
> educational, research and non-profit purpose. This would meet the
> requirements for inclusion in non-free, no?
>
> cheers, josch
>
>
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