Bug#629518: AMD APP licence for distribution in Debian

2011-06-16 Thread Tomasz Rybak
Sorry for writing to you - I was not able to find
email of person responsible for managing AMD 
Accelerated Parallel Processing SDK.
Feel free to forward this email to AMD APP team.

Hello.
I am involved in development and packaging PyOpenCL
(http://mathema.tician.de/software/pyopencl),
Python wrapper for OpenCL. I am maintainer of Debian
python-pyopencl package. Currently Debian (and Ubuntu)
only provides NVIDIA OpenCL implementation. Recently
I have received bug report demanding support for AMD
OpenCL implementation:
http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=628702
https://bugs.launchpad.net/ubuntu/+source/pyopencl/+bug/763457
.
I have checked that python-pyopencl works correctly
with AMD APP. I have opened bug asking for Debian Developer
to package AMD APP:
http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=629518
Andreas Beckmann (CC'd) started working on packaging
but current license prevents AMD APP SDK from being
distributed by Debian, even in non-free section.

Would it be possible to change license to DFSG-free
(Debian Free Software Guidelines) one? This way AMD APP
could be distributed in by Debian without any restrictions.
According to http://www.debian.org/legal/licenses/ DFSG-free
licenses include GPL, LGPL, BSD, Apache, MIT, Perl artistic
license, and others.

If changing license to the free one is not possible, debian-legal
team claims that:
something like this would be better [than current license]:

http://intellinuxwireless.org/LICENSE.iwlwifi-ucode


Best regards.

-- 
Tomasz Rybak bogom...@post.pl GPG/PGP key ID: 2AD5 9860
Fingerprint A481 824E 7DD3 9C0E C40A  488E C654 FB33 2AD5 9860
http://member.acm.org/~tomaszrybak



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Bug#629518: AMD APP licence

2011-06-14 Thread Tomasz Rybak
Hello.
I have recently opened bug requesting packaging of AMD
(#629518). Andreas Beckmann pointed out that there might be
problems with license preventing software from being
distributable in non-free. I attach license file.

Here is my quick analysis, also sent as comment to bug #629518.
I am not sure whether Debian would be considered Organization as
meant by clause 1 c (make and distribute copies of the Software
within your organization). Another problem would be with point 2 c)
(electronically transmit the Software from one computer to another
or over a network). Point 6 (US government) and 7 (export restrictions)
could be problematic, but I am not sure about Debian policy
in that regard.

IMO the additional licenses (Elf Tool Chain Project, 
src/sys/sys/elf32.h, src/sys/sys/elf64.h and src/sys/sys/elf_common.h,
src/sys/sys/queue.h) resemble BSD license, but I am not a specialist.

Best regards.

-- 
Tomasz Rybak bogom...@post.pl GPG/PGP key ID: 2AD5 9860
Fingerprint A481 824E 7DD3 9C0E C40A  488E C654 FB33 2AD5 9860
http://member.acm.org/~tomaszrybak

IMPORTANT -- READ CAREFULLY:  Do not load this Software until you have 
carefully read and agreed to the following terms and conditions.  This is a 
legal agreement (Agreement) between you (either an individual or an entity) 
(you or Licensee) and Advanced Micro Devices, Inc. (AMD). If Licensee 
does not agree to the terms of this Agreement, do not install or use this 
Software or any portion thereof.  By loading or using this software that may
include associated media, printed Software, and online or electronic 
documentation or any portion thereof that is made available to install 
(Software), Licensee agrees to all of the terms of this Agreement.

1. License.  The software accompanying this License (hereinafter Software), 
regardless of the form in which it is distributed, is licensed to you by 
Advanced Micro Devices, Inc.  You own the medium on which the Software is 
recorded, but Advanced Micro Devices, Inc. and, if applicable, its Licensors 
(referred to collectively as AMD) retain title to the Software and 
related documentation.  You may:
a) make a copy of the Software in machine-readable form for backup purposes.
  You must reproduce on such copy AMD's copyright notice and any other 
proprietary legends that were on the original copy of the Software;
b) transfer all your license rights in the Software to a third party 
provided you must also transfer a copy of this License, the backup copy of 
the Software and the related documentation and provided the other party reads
 and agrees to accept the terms and conditions of this License.  Upon such 
transfer your license is then terminated; and
c) make and distribute copies of the Software within your organization, 
provided that you agree to include all copyright legends and other legal 
notices that may appear in the Software, as well as this Software License 
Agreement in its entirety, in each copy of the Software that is made or 
distributed.

2.  Restrictions.  The Software contains copyrighted and patented material, 
trade secrets and other proprietary material.  In order to protect them, and 
except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software 
to a human-perceivable form;
b) modify, network, rent, lend, loan, distribute or create derivative works 
based upon the Software in whole or in part; or
c) electronically transmit the Software from one computer to another or over 
a network or otherwise transfer the Software except as permitted by this 
License.

3 OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is 
protected by United States and foreign intellectual property laws (e.g. patent 
and copyright laws) and international treaty provisions.  Licensee will not 
remove the copyright notice from the Software.  Licensee agrees to prevent 
any unauthorized copying of the Software.  All title and copyrights in and 
to the Software, all copies thereof (in whole or in part, and in any form), 
and all rights therein shall remain vested in AMD.  Except as expressly 
provided herein, AMD does not grant any express or implied right to Licensee 
under AMD patents, copyrights, trademarks, or trade secret information.  All 
rights in and to the Software not expressly granted to Licensee in this 
Agreement are reserved to AMD.

4.  SUPPORT:  Under this Agreement, AMD is under no obligation to assist in 
the use of this Software, to provide support to licensees of the Software, or 
to provide maintenance, correction, modification, enhancement, or upgrades to 
the Software.  AMD may provide such support, maintenance, correction, 
modification, enhancement or upgrades in a media determined by AMD and AMD 
shall have no obligation to notify Licensee thereof.  Additionally, such 
support, maintenance, correction, modification, enhancement, or upgrades shall 
be considered part of the Software, and shall be 

Bug#629518: AMD APP licence

2011-06-14 Thread Paul Wise
Firstly, please contact upstream and ask them to release it under an
existing DFSG-free license. You might get lucky ;)

If they aren't interested in DFSG-free licenses, then something like
this would be better:

http://intellinuxwireless.org/LICENSE.iwlwifi-ucode

If the license does not change, I would suggest using a downloader
package that displays the upstream license and requires the user to
agree to it.

On Tue, Jun 14, 2011 at 4:59 PM, Tomasz Rybak bogom...@post.pl wrote:

 I am not sure whether Debian would be considered Organization as
 meant by clause 1 c (make and distribute copies of the Software
 within your organization).

Within Debian would be just among DDs, probably not to Debian users
and anyone browsing our mirrors. I don't think this is enough.

 Another problem would be with point 2 c)
 (electronically transmit the Software from one computer to another
 or over a network).

...except as permitted in the license. IMO this is fine if the other
clauses are fine.

 Point 6 (US government) and 7 (export restrictions)
 could be problematic, but I am not sure about Debian policy
 in that regard.

Hmmm.

 IMO the additional licenses (Elf Tool Chain Project,
 src/sys/sys/elf32.h, src/sys/sys/elf64.h and src/sys/sys/elf_common.h,
 src/sys/sys/queue.h) resemble BSD license, but I am not a specialist.

Correct. The last one is the 4-clause BSD license with obnoxious
advertising clause.

-- 
bye,
pabs

http://wiki.debian.org/PaulWise



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