Re: Hello and request for sponsor (DomainKeys packages)
On 6/17/06, Magnus Holmgren <firstname.lastname@example.org> wrote:
The whole DK thing is experimental, but for those wishing to experiment,
least Exim and SpamAssassin are prepared to use these prospective
It is also my understanding that Yahoo's license, unlike Microsoft's
license, is quite OK. Is that correct?
I don't know. I glanced at the licence, and it was not terribly clear, if
you have not done so already, you should probably ask d-legal to look at the
I am CCing that list.
[Debian-legal: Please do not keep the debian mentors CC.]
Below is my initial analysis of the licence. The licence url is:
http://domainkeys.sourceforge.net/license/softwarelicense1-1.html, and I
have included a complete copy at the end of this message.
Ok, 1.1 does not seem to grant the right to sell the code/program. Section
1.2 grants the right to sell "for the sole purpose of implementing a sender
verification solution in connection with e-mail.". I'm not sure if limiting
the scope of Sale is allowed by the DFSG or not.
I'm slightly concerned that the "specification" is an Internet-Draft. More
distubing is that the Licence give a URL for the Draft, but the URL does not
Section 3.3 says "You must create Your own product or service names or
trademarks for Your Licensed Code and You agree not to use the term
"DomainKeys" in or as part of a name or trademark for Your Licensed Code.".
This may be a problem, considering the name of the package.
Section 3.5 is a you must obey the laws section.
Section 3.8 is choice of law and venue.
It looks like Yahoo was indeed trying to create a a Free licence, or at
least an Open-Source licence. However, it clearly fails the part 10 of the
OSD (it is not technology nutral, as it is specific to e-mail), and is quite
likely to be running afoul of the DFSG.
FULL LICENCE TEXT:
Yahoo! DomainKeys Public License Agreement v1.1
Copyright (c) 2004, Yahoo! Inc.
All rights reserved.
This Agreement is between Licensor and You. You agree to be bound by all the
terms and conditions set forth below, and, subject to those terms and
conditions, You may use the intellectual property described below.
1. LICENSE GRANT.
1.1. Subject to the terms and conditions of this Agreement, each DomainKeys
Developer hereby grants You a royalty-free, perpetual, worldwide,
sublicensable, non-exclusive license to use, reproduce, modify, publicly
display, publicly perform, and distribute the Licensed Code.
1.2. Subject to the terms and conditions of this Agreement, Licensor hereby
grants You a royalty-free, perpetual, worldwide, sublicensable,
non-exclusive license under its rights to the Yahoo! Patent Claims to make,
use, sell, offer for sale, and/or import the Licensed Code for the sole
purpose of implementing a sender verification solution in connection with
2.1. "Contributions" means any modifications to the Licensed Code, and/or
any portions thereof, that are distributed under this Agreement. A
Contribution includes, without limitation, any addition to or deletion from
the contents of a file containing any Licensed Code, or any new file that
contains any part of the Licensed Code.
2.2. "DomainKeys Developer(s)" means Yahoo, Inc. ("Yahoo!"), Licensor,
and/or any other individual or entity who distributes code under this
2.3. "Licensed Code" means the Original Code, any Contributions (whether
made by You or any DomainKeys Developer other than You), and the combination
of Original Code and any such Contributions.
2.4. "Licensor" means Yahoo! or any other individual or entity that elects
to use this Agreement to license intellectual property to any licensee.
2.5. "Original Code" means the source code and binary code that is based on
the Specifications and distributed by or on behalf of Yahoo! under this
Agreement for the sole purpose of implementing a sender verification
solution in connection with e-mail, including any updates or upgrades to
such code made available by Yahoo!.
2.6. "Specifications" means the specification having submission ID
"draft-delany-domainkeys-base-01.txt" dated Aug 2004 published through the
IETF (Internet Engineering Task Force). The Specifications may be found at
the following link:
2.7. "Yahoo! Patent Claims" shall mean those claims of all Yahoo! foreign
and domestic patents and patent applications that base their priority on
U.S. Provisional Patent Application Ser. Nos. 60/497,794, filed Aug. 26,
2003, or 60/553,300, filed Mar. 15, 2004, or U.S. Patent Application Ser.
Nos. 10/671,319, filed Sep. 24, 2003, or 10/805,181, filed Mar. 19, 2004.
2.8. "You" or "Your" means an individual, company, or other legal entity
exercising any rights under this Agreement. Any individual who accepts the
terms and conditions of this Agreement on behalf of a company or other legal
entity represents and warrants that the individual has the authority to
enter into this Agreement on behalf of the company or other legal entity.
3.1. You agree not to assert against Yahoo!, any other DomainKeys Developer
or any of their respective licensees under Section 3.4, a patent
infringement claim based on the manufacture, use, sale, offer for sale
and/or importation of any of the specific portions of a hardware or software
implementation expressly required to be compliant with the Specifications
for the sole purpose of implementing a sender verification solution in
connection with e-mail ("Licensed Code IP Claim").
3.2. To indicate your assent to the terms and conditions of this Agreement
and in order to obtain a license to use, reproduce, modify, publicly
display, publicly perform, distribute, and sublicense Licensed Code, You
(a) include, attach or preserve the following prominently displayed
statement in the Licensed Code: "This code incorporates intellectual
property owned by Yahoo! and licensed pursuant to the Yahoo! DomainKeys
Public License Agreement.";
(b) preserve the copyright and other proprietary notices and disclaimers of
DomainKeys Developers as they appear in the Licensed Code; and
(c) if the Licensed Code developed by You is distributed in source form, You
must identify Yourself, in the source code of such Licensed Code, as the
originator of any modifications in a manner that reasonably allows
subsequent DomainKeys Developers or their licensees to identify the
originator of the modifications.
3.3. You will not use the name of Yahoo! to endorse or promote any products,
services, or Licensed Code without specific prior written permission of
Yahoo!. "DomainKeys" is a trademark of Yahoo!. However, You may state Your
Licensed Code is "DomainKeys compliant", "supports DomainKeys", or is
"DomainKeys-enabled", without citation to Yahoo!. You must create Your own
product or service names or trademarks for Your Licensed Code and You agree
not to use the term "DomainKeys" in or as part of a name or trademark for
Your Licensed Code.
3.4. You may choose to distribute Licensed Code or modifications under this
Agreement or a different agreement, provided that:
(a) a copy of this Agreement or the different agreement is included with
each copy of the Licensed Code or modifications along with the following
prominently displayed statement: "By using, reproducing, modifying, publicly
displaying, publicly performing, distributing, and/or sublicensing this code
as permitted, you agree to the terms and conditions of the Yahoo! DomainKeys
Public License Agreement or other agreement contained herein."; and
(b) if distributed under a different agreement, such different agreement
contains terms and conditions that (i) provide no fewer rights, privileges
and immunities to DomainKeys Developers than the terms and conditions of
this Agreement, including, without limitation, Sections 1.2, 3.1, 3.4, 3.7,
4.1, 4.2, and 4.3, except that You may alter the terms and conditions of
Section 1.1 and (ii) apply such terms and conditions to the Licensed Code
and/or modifications made by You.
3.5. You acknowledge that Licensed Code may be subject to U.S. export
restriction and other applicable national and international laws. You agree
to comply with all export, re-export, or import restrictions, laws, or
3.6. Yahoo!, and only Yahoo!, may, from time to time and at its sole
discretion, update or modify the terms of this Agreement. If Yahoo! makes
any such modifications, You may continue under the terms and conditions of
this Agreement or agree to the updated or modified terms and conditions. For
the most recent version of this Agreement please contact Yahoo!.
3.7. This Agreement and the rights hereunder will terminate:
(a) automatically without notice from Yahoo!, if You at any time during the
term of this Agreement assert any Licensed Code IP Claim against Yahoo!;
(b) upon written notice from Yahoo!, if You at any time during the term of
this Agreement assert any Licensed Code IP Claim against any DomainKeys
Developer (other than Yahoo!) or any licensees of any DomainKeys Developer;
(c) where (a) or (b) do not apply, automatically without notice from Yahoo!,
if You fail to comply with any term(s) of this Agreement and fail to cure
such breach within 30 days of You becoming aware of such breach.
3.8. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof. This Agreement shall be governed
by and construed under the laws of the United States and the State of
California without giving effect to California conflict of law provisions or
to construction provisions favoring either party. All actions arising out of
or relating to this Agreement that involve Yahoo! as a party will be
adjudicated exclusively by the Superior Court of the State of California for
the County of Santa Clara or the United States District Court for the
Northern District of California.
3.9. In the event that any provision of this Agreement is deemed to be
invalid, such invalidity shall not affect the remainder of this Agreement.
4. LEGAL DISCLAIMERS.
4.1. THE YAHOO! PATENT CLAIMS, THIS AGREEMENT, LICENSED CODE, THE DOMAINKEYS
TRADEMARK, AND THE SPECIFICATIONS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of exercising any rights under this Agreement and using the
Specifications, Licensed Code, and the DomainKeys trademark and assume all
risks associated in connection therewith, including, but not limited to, the
risks and costs of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and unavailability or
interruption of operations.
4.2. You expressly acknowledge and agree that no assurances are provided by
DomainKeys Developers with respect to the validity of the Yahoo! Patent
Claims or that the Specifications, Licensed Code, the DomainKeys trademark
or any implementations related to the Specifications, Licensed Code or the
DomainKeys trademark do not infringe or misappropriate the patent, trademark
or other intellectual property rights of any other entity. DomainKeys
Developers disclaim any liability to You for claims brought by any other
person or entity based on infringement or misappropriation of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, You hereby assume sole responsibility to secure
any other intellectual property rights needed.
4.3. DOMAINKEYS DEVELOPERS SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE EXERCISE
OF ANY RIGHTS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL
OF THEIR ESSENTIAL PURPOSE.