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packaging reverse engineered code when an EULA forbids this



hi,
I was asked by ftp-masters to clarify the status of some files in the
scipy package [0]
The files are are simple serialized numeric arrays created by the
proprietary program IDL. They are used as testcases for a reverse
engineered implementation the de/serialization in the python scipy package.
The data in the files are just a couple random numbers in a certain
format and should not fall under any copyright.
The issue seems to be that reverse engineering is not allowed by IDL's
EULA as the files contain following header:

  IDL Save/Restore files embody unpublished proprietary information
  about the IDL program. Reverse engineering of this file is therefore
  forbidden under the terms of the IDL End User License Agreement
  (IDL EULA). All IDL users are required to read and agree to the
  terms of the IDL EULA at the time that they install IDL.
  Software that reads or writes files in the IDL Save/Restore format
  must have a license from ITT Visual Information Solutions
  explicitly granting the right to do so. In this case, the license
  will be included with the software for your inspection. Please
  report software that does not have such a license to
  ITT Visual Information Solutions (info@ittvis.com).


The io code itself is DFSG free.
Is there any issue in packaging and distributing this code and these
simple testcase?

A user may not be able to use the code legally, but on the other hand
he/she probably also never accepted IDL's EULA as IDL is not being used.
To me this notice hardly has any legal relevance at all and should not
be an issue for packaging.

I have inquired upstream about this and according to a comment in the
source it was apparently written with permission of ITT Visual
Information Solutions, but the exact correspondence has not turned up yet.

Cheers,
Julian Taylor

[0]
http://lists.alioth.debian.org/pipermail/python-modules-team/2014-June/019931.html

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