Hi, I have recently uploaded updated ipadic package to non-free following previous decision. I would like to ask debian-legal to reopen review of this ipadic license. (Dismissing non-standard license is easy thing but doing so over zealously will hurt us in the end.)
IPADIC is a Japanese word dictionary data designed to be used for the morphological analysis system to segment and tokenize Japanese text string into unit words. It provides many additional information (pronunciation, semantic information, and others). This license was deemed non-free mostly because of the lack of communication. This decision caused other important software such as mozc, the best Japanese input method released by forks in Google, to be deemed non-free recently based on ipadic case. This is very bad situation for the next release considering its larger impact. The license is attached at the bottom of this mail. == Short summary of states == Both * http://wiki.debian.org/NonFreeTrackingSystem/SourcePackage/ipadic * http://wiki.debian.org/NonFreeTrackingSystem/SourcePackage/mecab-ipadic states: Reason for being non-free: Distributors must follow the law, vague restriction on modifications. The "vague restriction on modifications" was initially raised by Henning Makholm but it was dismissed by Paul Hampson in the original discussion. The "you must follow the law" clause discussion was a bit superficial. I agree it was badly written poor English License text but the intent of the original licensor is clear and should not be interpreted this way. This "legal" requirement is no more requirement than 7th term*1 on GPL2.0 prohibiting distribution for patent infringement. So this should be acceptable. The original uploader did not argue fine points and uploaded to "non-free". I have to say that this was not the best move which is causing pain now. (Arguing on license issue is a bit scarely for non-native speaker.) I consider that this IPADIC License with ICOT term needs serious review and should be considered to be FREE License. The original discussion started with ITP: http://lists.debian.org/debian-devel/2003/11/msg00902.html I have put longer summary at http://wiki.debian.org/IpadicLicense with pointers to the original discussion. If this license is deemed FREE, ipadic/mecab-ipadic/mozc can move to main. (ICOT is closed government project. So asking legal clarification to them is not our option.) *1) GPL2.0 has: (Emphasis by me) 7. If, as a consequence of a court judgment or **allegation of patent infringement** or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to **refrain entirely from distribution** of the Program. This certainly violates over zealous interpretation of DFSG #5 but we accept this License as FREE. ==== IPADIC LICENSE === Copyright: Copyright 2000 Nara Institute of Science and Technology. All Rights Reserved. Use, reproduction, and distribution of this software is permitted. Any copy of this software, whether in its original form or modified, must include both the above copyright notice and the following paragraphs. Nara Institute of Science and Technology (NAIST), the copyright holders, disclaims all warranties with regard to this software, including all implied warranties of merchantability and fitness, in no event shall NAIST be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of this software. A large portion of the dictionary entries originate from ICOT Free Software. The following conditions for ICOT Free Software applies to the current dictionary as well. Each User may also freely distribute the Program, whether in its original form or modified, to any third party or parties, PROVIDED that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear on, or be attached to, the Program, which is distributed substantially in the same form as set out herein and that such intended distribution, if actually made, will neither violate or otherwise contravene any of the laws and regulations of the countries having jurisdiction over the User or the intended distribution itself. NO WARRANTY The program was produced on an experimental basis in the course of the research and development conducted during the project and is provided to users as so produced on an experimental basis. Accordingly, the program is provided without any warranty whatsoever, whether express, implied, statutory or otherwise. The term "warranty" used herein includes, but is not limited to, any warranty of the quality, performance, merchantability and fitness for a particular purpose of the program and the nonexistence of any infringement or violation of any right of any third party. Each user of the program will agree and understand, and be deemed to have agreed and understood, that there is no warranty whatsoever for the program and, accordingly, the entire risk arising from or otherwise connected with the program is assumed by the user. Therefore, neither ICOT, the copyright holder, or any other organization that participated in or was otherwise related to the development of the program and their respective officials, directors, officers and other employees shall be held liable for any and all damages, including, without limitation, general, special, incidental and consequential damages, arising out of or otherwise in connection with the use or inability to use the program or any product, material or result produced or otherwise obtained by using the program, regardless of whether they have been advised of, or otherwise had knowledge of, the possibility of such damages at any time during the project or thereafter. Each user will be deemed to have agreed to the foregoing by his or her commencement of use of the program. The term "use" as used herein includes, but is not limited to, the use, modification, copying and distribution of the program and the production of secondary products from the program. In the case where the program, whether in its original form or modified, was distributed or delivered to or received by a user from any person, organization or entity other than ICOT, unless it makes or grants independently of ICOT any specific warranty to the user in writing, such person, organization or entity, will also be exempted from and not be held liable to the user for any such damages as noted above as far as the program is concerned. -- To UNSUBSCRIBE, email to [email protected] with a subject of "unsubscribe". Trouble? Contact [email protected] Archive: http://lists.debian.org/[email protected]
