hi, i was playing with the idea about packaging the Decklink SDK by Blackmagic (this is an SDK to access digital video grabbing cards). the SDK consists of a dozen or so header files, and some example code, including pre-compiled binaries. there's also a 200 pages manual on how to use the SDK. now they have a very strange licensing policy: you can only download the SDK by agreeing to a very restrictive EULA (attached; henceforth "the EULA"), which explicitly forbids to re-distribute "the software". so far so bad. however, once you have obtained the SDK, it all becomes a bit blurry for me. there is no license file included in the package. however, each and every header file (that is: the entire public API of the SDK), contains a verbatim license of the BSL (attached). now i wonder, are these header files licensed under the EULA or under the BSL? even if they were licensed to me under the EULA and i was bound to it: what if somebody grabs the harddisk with my sole copy if the SDK on it, and starts to distribute it under the BSL? even if the EULA would be part of the package, wouldn't a verbatim copy of an alternative license inside an included file take precendence for this file? the SDK also contains files like libQt5Core.so.5, which very likely are not copyright by Blackmagic (though they do as if these files were theirs). could their EULA apply to these as well? could someone shed a light? gfmdsar IOhannes PS: I've asked Blackmagic for clarification, and it is pretty clear that they don't want others to re-distribute it (which rules out public packaging): On 11/17/2017 04:29 AM, Blackmagic Developer Support wrote: > Hi Johannes, thanks for getting in touch, I will try to articulate the policy as clearly as I can. > Access to the SDK is governed by the EULA and is only available from the Blackmagic Design website, applications that are built with the SDK are then licensed via the more permissive license contained within the SDK. > It is Blackmagic policy that there should only be one publicly available source for the SDK (i.e. the Blackmagic Design website) and in order to download the SDK the EULA must be agreed to. > In addition, distribution of the SDK is prohibited as per the EULA ("The Licensee must not lease, rent, distribute or sub-license the Software, or use the Software in a time-sharing arrangement, or in any other manner that is not the Permitted Use.”). > I hope that clarifies things. so somehow they seem to think that they can: - put a permissive license into their headers and overrule it via some text on a website. - *but* force that permissive license onto all applications that use the SDK. ianal, but somehow both assumptions seem to be wrong (esp. the 2nd one). Blackmagic is probably not a lawyer either, but it is them who tries to force others into their legal views. PPS: please CC me, as i'm not subscribed.
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The parties agree that the limitation of liability specified in this Agreement will survive and apply even if the Warranty and Disclaimer or Liability clause, or any limitation of remedies is found to have failed its essential purpose. 4. Intellectual Property Rights 4.1 For the purposes of this Agreement, the term Intellectual Property Rights means all copyright, patents, designs, trademarks or service marks, brand names, product names, trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights (including Marks as defined in clause 6), whether or not registered or capable of registration, in all parts of the world. 4.2 The Licensee acknowledges that it obtains no Intellectual Property Rights whatsoever in the Software. As between the parties all Intellectual Property Rights vest in the Licensor or its suppliers. 4.3 The Licensee must not, except to the extent permitted by any law that cannot be excluded by the parties, copy, modify, disassemble, decompile, or reverse engineer the Software nor directly or indirectly permit any third party to do any of the foregoing. 4.4 The only permitted copying of the Software is for the back-up purposes referred to in clause 1.5. The Licensee acknowledges and agrees that ownership of, and title to, the Software and all subsequent copies thereof regardless of form or media are held by the Licensor and its suppliers. 5. Infringement of Intellectual Property Rights If the Licensee becomes aware of any infringements or suspected infringements by any third party of any Intellectual Property Rights in the Software, the Licensee must immediately notify the Licensor, and must at the request and expense of the Licensor, take such action as the Licensor may reasonably deem appropriate to protect its Intellectual Property Rights. 6. Marks 6.1 The Licensee will not adopt or use, nor authorise others to adopt or use, any trademark, service mark or trade name which includes, or is likely to mislead, deceive or cause confusion, or is substantially identical with, or deceptively similar to, any Mark. This clause will survive the expiration or earlier termination of this Agreement. 6.2 For the avoidance of doubt, the Licensee is permitted to use the following designations only during the term of this Agreement: 'XXX compatible with Blackmagic Design YYY'; and 'XXX for Blackmagic Design YYY', where 'XXX' refers to the Licensee's product name, and YYY refers to the Blackmagic product, "DeckLink," "Multibridge," "Intensity," "HDLink," "Videohub," or "UltraScope," with which such XXX product is compatible (provided that the Licensee's product is compatible with such Blackmagic product). 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/* -LICENSE-START- ** Copyright (c) 2016 Blackmagic Design ** ** Permission is hereby granted, free of charge, to any person or organization ** obtaining a copy of the software and accompanying documentation covered by ** this license (the "Software") to use, reproduce, display, distribute, ** execute, and transmit the Software, and to prepare derivative works of the ** Software, and to permit third-parties to whom the Software is furnished to ** do so, all subject to the following: ** ** The copyright notices in the Software and this entire statement, including ** the above license grant, this restriction and the following disclaimer, ** must be included in all copies of the Software, in whole or in part, and ** all derivative works of the Software, unless such copies or derivative ** works are solely in the form of machine-executable object code generated by ** a source language processor. ** ** THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR ** IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ** FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT ** SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE ** FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ** ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER ** DEALINGS IN THE SOFTWARE. ** -LICENSE-END */
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