[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Bug#98676: License of Squeak: Request for some clarifications.



[was previosly CCed to bugs.d.o, but got lost when master was down]

Hello,

	My name is Stephen Stafford and I am a Debian GNU/Linux maintainer.  I 
am in the process of packaging Squeak (a smalltalk implementation) for 
inclusion in our distribution and am writing to ask for some 
clarification of some licensing issues.  I have attached the license 
for your convenience (The file "LICENSE").
	For a piece of software to be included in our distribution it must 
meet the Debian Free Software Guidelines (DFSG) which I have also 
attached for your convenience (it forms the second part of the file 
"social-contract.txt")
	In particular this license is not free (in the DFSG sense) due to 
clause 2 which would appear to disallow modification of the fonts in 
the package and/or the redistribution of said fonts seperate from the 
pacakge.  This is not a bar to our distributing the package however as 
we have a section called non-free which allows for the distribution of 
software which does not quite meet the DFSG.
	There is also clause 6 which appears to me at least to be redundant in 
that if you are under the jurisdiction of the United States then you 
would not be allowed to export to these countries anyway, and if you 
are not in that jurisdiction then it does not apply.  This clause makes 
it necessary for the package to go into another part of our 
distribution entitled non-us (which has a subsection non-free, so it 
would in fact be put into non-us/non-free).
	Neither of these clauses (2 and 6) are a bar to packaging and 
distributing the Squeak software for us.  Clause 5 however may be, 
which is why I am contacting you in order to gain clarification on this 
matter.
	Clause 5 *could* be interpreted to mean that as a redistributor that 
we would or could be held liable for any and all costs incurred by you 
if one of our users decided to take legal action against Apple.  This 
*would* be a bar to our distributing this software.  It could also be 
read to mean "If you decide to take us to court then you would have to 
pay our legal fees as an end user" in which case it would not be a bar.
	I am hoping that you could provide some clarification for me upon this 
matter as I believe that the Squeak software would be a valuable 
addition to our distribution.
	There has been some talk on one of the squeak related mailing lists of 
removing the Apple fonts from the software and relicensing it as GPL.  
I am unsure as to how this is progressing if it is at all.  Relicensing 
it as GPL would mean that I could package it for the main distribution 
without having to be concerned about putting it into non-us/non-free.  
This would make the package available to a far larger percentage of our 
users.  The relicensing of squeak as GPL would be a good thing as far 
as I am concerned.
	I thank you very much for your time in this matter and I hope that we 
can together bring this software to our users with a minimum of fuss.
	
- -- 
Stephen Stafford
bagpuss@debian.org
GPG Public key available on request or at keyring.debian.org
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.0.6 (GNU/Linux)
Comment: For info see http://www.gnupg.org

iD8DBQE7G5XYFwmY7Xa4pD0RAtrlAJ4pxIiEuQugas+GyRmJVGjUNdUiogCcChrj
ZP4nmS8Adc04gmFYolcyuas=
=FELK
-----END PGP SIGNATURE-----


Apple Computer, Inc. Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.

1. License.  The software, documentation and any fonts which you will
receive by downloading this software (the "Apple Software") are
licensed, not sold, to you by Apple Computer, Inc. or its local
subsidiary, if any.  Apple and/or Apple's licensor(s) retain title to
the Apple Software, and the Apple Software and any copies which this
License authorizes you to make are subject to this License.  This
License grants no right or license under any trademarks, service
marks, or tradenames of Apple.

2. Permitted Uses and Restrictions.  This License allows you to copy,
install and use the Apple Software on an unlimited number of computers
under your direct control. You may modify and create derivative works
of the Apple Software ("Modified Software"), however, you may not
modify or create derivative works of the fonts provided by Apple
("Fonts").  You may distribute and sublicense such Modified Software
only under the terms of a valid, binding license that makes no
representations or warranties on behalf of Apple, and is no less
protective of Apple and Apple's rights than this License.  You may
distribute and sublicense the Fonts only as a part of and for use with
Modified Software, and not as a part of or for use with Modified
Software that is distributed or sublicensed for a fee or for other
valuable consideration.  If the Modified Software contains
modifications, overwrites, replacements, deletions, additions, or
ports to new platforms of: (1) the methods of existing class objects
or their existing relationships, or (2) any part of the virtual
machine, then for so long as the Modified Software is distributed or
sublicensed to others, such modified, overwritten, replaced, deleted,
added and ported portions of the Modified Software must be made
publicly available, preferably by means of download from a website, at
no charge under the terms set forth in Exhibit A below.  You may
transfer your rights under this License provided you transfer this
License and a copy of the Apple Software to a party who agrees to
accept the terms of this License and destroy any other copies of the
Apple Software in your possession.  Your rights under this License
will terminate automatically without notice from Apple if you fail to
comply with any term(s) of this License.

3. Disclaimer Of Warranty.  The Apple Software is pre-release, and
untested, or not fully tested.  The Apple Software may contain errors
that could cause failures or loss of data, and may be incomplete or
contain inaccuracies.  You expressly acknowledge and agree that use of
the Apple Software is at your sole risk.  You acknowledge that Apple
has not publicly announced, nor promised or guaranteed to you, that
Apple will release a final, commercial or any future pre-release
version of the Apple Software to you or anyone in the future, and that
Apple has no express or implied obligation to announce or introduce a
final, commercial or any future pre-release version of the Apple
Software or any similar or compatible product, or to continue to offer
or support the Apple Software in the future.  The Apple Software is
provided "AS-IS" and without warranty of any kind and Apple and
Apple's licensor(s) (for the purposes of Sections 3 and 4, Apple and
Apple's licensor(s) shall be collectively referred to as "Apple")
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  APPLE
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
APPLE SOFTWARE WILL BE CORRECTED.  FURTHERMORE, APPLE DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY.  SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THE TERMS OF THIS DISCLAIMER DO
NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING
APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO
THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY APPLE'S NEGLIGENCE.

4. Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
LICENSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.  In
no event shall Apple's total liability to you for all damages exceed
the amount of fifty dollars ($50.00).

5. Indemnification.  You agree to indemnify and hold Apple harmless
from any and all damages, liabilities, costs and expenses (including
but not limited to attorneys' fees and costs of suit) incurred by
Apple as a result of any claim, proceeding, and/or judgment to the
extent it arises out of or is connected in any manner with the
operation, use, distribution or modification of Modified Software, or
the combination of Apple Software or Modified Software with other
programs; provided that Apple notifies Licensee of any such claim or
proceeding in writing, tenders to Licensee the opportunity to defend
or settle such claim or proceeding at Licensee's expense, and
cooperates with Licensee in defending or settling such claim or
proceeding.

6. Export Law Assurances.  You may not use or otherwise export or
reexport the Apple Software except as authorized by United States law
and the laws of the jurisdiction in which the Apple Software was
obtained.  In particular, but without limitation, the Apple Software
may not be exported or reexported (i) into (or to a national or
resident of) any U.S. embargoed country or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Department of Commerce's Table of Denial Orders.  By using
the Apple Software, you represent and warrant that you are not located
in, under control of, or a national or resident of any such country or
on any such list.

7. Government End Users.  If the Apple Software is supplied to the
United States Government, the Apple Software is classified as
"restricted computer software" as defined in clause 52.227-19 of the
FAR.  The United States Government's rights to the Apple Software are
as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability.  If there is a local subsidiary
of Apple in the country in which the Apple Software License was
obtained, then the local law in which the subsidiary sits shall govern
this License.  Otherwise, this License shall be governed by the laws
of the United States and the State of California.  If for any reason a
court of competent jurisdiction finds any provision, or portion
thereof, to be unenforceable, the remainder of this License shall
continue in full force and effect.

9. Complete Agreement.  This License constitutes the entire agreement
between the parties with respect to the use of the Apple Software and
supersedes all prior or contemporaneous understandings regarding such
subject matter.  No amendment to or modification of this License will
be binding unless in writing and signed by Apple.

Where the Licensee is located in the province of Quebec, Canada, the
following clause applies: The parties hereto confirm that they have
requested that this Agreement and all related documents be drafted in
English.  Les parties ont exigé que le présent contrat et tous les
documents connexes soient rédigés en anglais.


EXHIBIT A

License.  You may copy, install, use, modify and create derivative
works of the [Modified Software] "Changed Software" (but you may not
modify or create derivative works of the [Fonts]) and distribute and
sublicense such Changed Software, provided however, that if the
Changed Software contains modifications, overwrites, replacements,
deletions, additions, or ports to new platforms of: (1) the methods of
existing classes objects or their existing relationships, or (2) any
part of the virtual machine, then for so long as the Changed Software
is distributed or sublicensed to others, such modified, overwritten,
replaced, deleted, added and ported portions of the Changed Software
must be made publicly available, preferably by means of download from
a website, at no charge under the terms of a license that makes no
representations or warranties on behalf of any third party, is no less
protective of [the licensors of the Modified Software] and its
licensors, and contains the terms set forth in Exhibit A below [which
should contain the terms of this Exhibit A].  You may distribute and
sublicense the [Fonts] only as a part of and for use with Changed
Software, and not as a part of or for use with Changed Software that
is distributed or sublicensed for a fee or for other valuable
consideration.
Debian GNU/Linux Social Contract

The Debian Project is an association of individuals who have made common
cause to create a free operating system.  This is the "social contract"
we offer to the free software community.

  ------------------------------------------------------------------------

"Social Contract" with the Free Software Community

  1. Debian Will Remain 100% Free Software

     We promise to keep the Debian GNU/Linux Distribution entirely free
     software. As there are many definitions of free software, we include
     the guidelines we use to determine if software is "free" below. We will
     support our users who develop and run non-free software on Debian, but
     we will never make the system depend on an item of non-free software.

  2. We Will Give Back to the Free Software Community

     When we write new components of the Debian system, we will license them
     as free software. We will make the best system we can, so that free
     software will be widely distributed and used. We will feed back
     bug-fixes, improvements, user requests, etc. to the "upstream" authors
     of software included in our system.

  3. We Won't Hide Problems

     We will keep our entire bug-report database open for public view at all
     times. Reports that users file on-line will immediately become visible
     to others.

  4. Our Priorities are Our Users and Free Software

     We will be guided by the needs of our users and the free-software
     community. We will place their interests first in our priorities. We
     will support the needs of our users for operation in many different
     kinds of computing environment. We won't object to commercial software
     that is intended to run on Debian systems, and we'll allow others to
     create value-added distributions containing both Debian and commercial
     software, without any fee from us. To support these goals, we will
     provide an integrated system of high-quality, 100% free software, with
     no legal restrictions that would prevent these kinds of use.

  5. Programs That Don't Meet Our Free-Software Standards

     We acknowledge that some of our users require the use of programs that
     don't conform to the Debian Free Software Guidelines. We have created
     "contrib" and "non-free" areas in our FTP archive for this software.
     The software in these directories is not part of the Debian system,
     although it has been configured for use with Debian. We encourage CD
     manufacturers to read the licenses of software packages in these
     directories and determine if they can distribute that software on their
     CDs. Thus, although non-free software isn't a part of Debian, we
     support its use, and we provide infrastructure (such as our
     bug-tracking system and mailing lists) for non-free software packages.

  ------------------------------------------------------------------------

The Debian Free Software Guidelines

  1. Free Redistribution

     The license of a Debian component may not restrict any party from
     selling or giving away the software as a component of an aggregate
     software distribution containing programs from several different
     sources. The license may not require a royalty or other fee for such
     sale.

  2. Source Code

     The program must include source code, and must allow distribution in
     source code as well as compiled form.

  3. Derived Works

     The license must allow modifications and derived works, and must allow
     them to be distributed under the same terms as the license of the
     original software.

  4. Integrity of The Author's Source Code

     The license may restrict source-code from being distributed in modified
     form _only if the license allows the distribution of "patch files" with
     the source code for the purpose of modifying the program at build time.
     The license must explicitly permit distribution of software built from
     modified source code. The license may require derived works to carry a
     different name or version number from the original software. (This is a
     compromise. The Debian group encourages all authors to not restrict any
     files, source or binary, from being modified.)

  5. No Discrimination Against Persons or Groups

     The license must not discriminate against any person or group of
     persons.

  6. No Discrimination Against Fields of Endeavor

     The license must not restrict anyone from making use of the program in
     a specific field of endeavor. For example, it may not restrict the
     program from being used in a business, or from being used for genetic
     research.

  7. Distribution of License

     The rights attached to the program must apply to all to whom the
     program is redistributed without the need for execution of an
     additional license by those parties.

  8. License Must Not Be Specific to Debian

     The rights attached to the program must not depend on the program's
     being part of a Debian system. If the program is extracted from Debian
     and used or distributed without Debian but otherwise within the terms
     of the program's license, all parties to whom the program is
     redistributed should have the same rights as those that are granted in
     conjunction with the Debian system.

  9. License Must Not Contaminate Other Software

     The license must not place restrictions on other software that is
     distributed along with the licensed software. For example, the license
     must not insist that all other programs distributed on the same medium
     must be free software.

 10. Example Licenses

     The "GPL", "BSD", and "Artistic" licenses are examples of licenses that
     we consider "free".

  ------------------------------------------------------------------------

Reply to: