[Fink-devel] redistributability

[Benjamin Reed]

A number of the things needed for tomcat are under a sun license that basically removes all rights and then lists the exceptions that you're allowed to do. They *appear* like they may actually be redistributable, but I'm not entirely sure, I was wondering if I could have your opinions on the matter. Here's the relevant portion of the license in, eg, jaf:

---(snip!)---
These supplemental license terms ("Supplemental Terms") add to or modify the
terms of the Binary Code License Agreement (collectively, the "Agreement").
Capitalized terms not defined in these Supplemental Terms shall have the
same meanings ascribed to them in the Agreement. These Supplemental Terms
shall supersede any inconsistent or conflicting terms in the Agreement, or
in any license contained within the Software.

1. Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms,
Sun grants you a non-exclusive, non-transferable, limited license to
reproduce internally and use internally the binary form of the Software,
complete and unmodified, for the sole purpose of designing, developing and
testing your Java applets and applications ("Programs").

2. License to Distribute Software. In addition to the license granted in
Section 1 (Software Internal Use and Development License Grant) of these
Supplemental Terms, subject to the terms and conditions of this Agreement,
including but not limited to, Section 3 (Java Technology Restrictions) of
these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license to reproduce and distribute the Software in binary code form
only, provided that you (i) distribute the Software complete and unmodified
and only bundled as part of your Programs, (ii) do not distribute additional
software intended to replace any component(s) of the Software, (iii) do not
remove or alter any proprietary legends or notices contained in the
Software, (iv) only distribute the Software subject to a license agreement
that protects Sun's interests consistent with the terms contained in this
Agreement, and (v) agree to defend and indemnify Sun and its licensors from
and against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results from the use or
distribution of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the Java Platform
Interface ("JPI", identified as classes contained within the "java" package
or any subpackages of the "java" package), by creating additional classes
within the JPI or otherwise causing the addition to or modification of the
classes in the JPI. In the event that you create an additional class and
associated API(s) which (i) extends the functionality of the Java platform,
and (ii) is exposed to third party software developers for the purpose of
developing additional software which invokes such additional API, you must
promptly publish broadly an accurate specification for such API for free use
by all developers. You may not create, or authorize your licensees to
create additional classes, interfaces, or subpackages that are in any way
identified as "java", "javax", "sun" or similar convention as specified by
Sun in any naming convention designation.

4. No Support. Sun is under no obligation to support the Software or to
provide you with updates or error corrections. You acknowledge that the
Software may have defects or deficiencies which cannot or will not be
corrected by Sun.

5. Trademarks and Logos. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks
and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks,
service marks, logos and other brand designations ("Sun Marks"), and you
agree to comply with the Sun Trademark and Logo Usage Requirements currently
located at http://www.sun.com/policies/trademarks. Any use you make of the
Sun Marks inures to Sun's benefit.

6. Source Code. Software may contain source code that is provided solely for
reference purposes pursuant to the terms of this Agreement. Source code may
not be redistributed unless expressly provided for in this Agreement.

7. Termination for Infringement. Either party may terminate this Agreement
immediately should any Software become, or in either party's opinion be
likely to become, the subject of a claim of infringement of any intellectual
property right.
---(snip!)---

The parts that seem iffy to me are in part 2, section i, it says:

(i) distribute the Software complete and unmodified and only bundled
as part of your Programs

...it is unclear whether they mean the binary code that's produced in a jar, or the complete "package" I downloaded that includes a readme, source code, etc. It's also not clear whether our distribution counts as "bundled as part of your Programs", or if we need to leave it as a build-depend, and then include the jar file *in*, say, tomcat, rather than providing it as a separate package that's a runtime-dependency.

The rest seems for the most part that it's OK to redistribute, we're just not allowed to mess with Sun trademarks and such. Does that seem reasonable?



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