Hi all !

Thanks to the great work from Sebastien Noel, initial debian packages are on 
the way ! See:
  http://blog.rastageeks.org/spip.php?article7

However, the deep copyright check revealed that not all the files are released 
under the GPL. See the debian copyright file attached.

There are few licenses/files that are problematic for debian:

> The files in cuckoo/ have the following license:
>
>     This library is free software; you can redistribute it and/or
>     modify it under the terms of the GNU Lesser General Public
>     License as published by the Free Software Foundation; either
>     version 2.1 of the License.
>
>     Any modifications that may break backward compatibility are strictly
>     prohibited.

I see this clause has being sort of moot, since it mixes licensing with 
run-time things.. After all, would any dev pretend he always knows he isn't 
breaking some old stuff ?

This license is the copyright's holder choice, but it clearly doesn't qualify 
as "free" for the debian project, hence would have to be placed in non-free 
or simply removed from the package... 

> The file srcconf.c has the following license:
>
>     This software is released under CDDL 1.0 source license for operating
> systems that have their full source code available under the BSD or CDDL
> licenses.

I don't understand this sentence...

And, some file don't have a license header, hence their license being the main 
COPYING claim from the tarball, but have warnings like this:

>  This source code, its compiled object code, and its associated data sets
>  are copyright (C) 1998-1998 ESS Technology, Inc. This source code and its
>  associated data sets are trade secrets of ESS Technology, Inc.

This is of course sort of frightening, although I don't think it has a legal 
meaning -- or if so that it's not debian's fault but 4Front's .. :)

Could you do something about this ?

The real problem for us is, I believe, is the "backward compatibility" clause 
in cuckoo/, but it would be nice to clarify others, in particular 
srcconf.c's.

We're waiting for your answer to upload a package to debian.


Romain
This package was debianized by Sebastien NOEL <[EMAIL PROTECTED]> on
Sun, 13 Jul 2008 18:52:58 +0200.

It was downloaded from http://www.4front-tech.com/developer/sources/

Copyright: 

    Copyright (C) 1996-2008 4Front Technologies

License:

The files in libsalsa/ have the following license:

    This library is free software; you can redistribute it and/or modify
    it under the terms of the GNU Lesser General Public License version 2.1 as
    published by the Free Software Foundation.

This part of the code is not compiled in the binary packages at the moment.

The file flashsupport.c has the following license:

    Adobe Systems Incorporated(r) Source Code License Agreement
    Copyright(c) 2006 Adobe Systems Incorporated. All rights reserved.

    Please read this Source Code License Agreement carefully before using
    the source code.

    Adobe Systems Incorporated grants to you a perpetual, worldwide,
    non-exclusive, no-charge, royalty-free, irrevocable copyright license,
    to reproduce, prepare derivative works of, publicly display, publicly
    perform, and distribute this source code and such derivative works in
    source or object code form without any attribution requirements.

    The name "Adobe Systems Incorporated" must not be used to endorse or
    promote products derived from the source code without prior written
    permission.

    You agree to indemnify, hold harmless and defend Adobe Systems
    Incorporated from and against any loss, damage, claims or lawsuits,
    including attorney's fees that arise or result from your use or
    distribution of the source code.

    THIS SOURCE CODE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY
    TECHNICAL SUPPORT OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
    NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
    FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OF
    NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA
    OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
    SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
    TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
    PROFITS; OR BUSINESS INTERRUPTION) 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 USE OF THIS
    SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    The Sound detection routines, ESD and PulseAudio backends have
    been writen by Jean-Michel Dault <[EMAIL PROTECTED] and
    are Copyright (c) 2006 Revolution Linux inc. All rights reserved.
    The code is licenced with the same terms as the rest of the Adobe
    code.

This file is not compiled in the current package.

The files in cuckoo/ have the following license:

    This library is free software; you can redistribute it and/or
    modify it under the terms of the GNU Lesser General Public
    License as published by the Free Software Foundation; either
    version 2.1 of the License.

    Any modifications that may break backward compatibility are strictly
    prohibited.

The file srcconf.c has the following license:

    This software is released under CDDL 1.0 source license for operating 
systems
    that have their full source code available under the BSD or CDDL licenses.

The files tutorials/sndkit/dsp/{recplay.c,help.c} have the following license:

    Redistribution and use in source and binary forms, with or without
    modification, are permitted provided that the following conditions are
    met: 1. Redistributions of source code must retain the above copyright
    notice, this list of conditions and the following disclaimer. 2.
    Redistributions in binary form must reproduce the above copyright notice,
    this list of conditions and the following disclaimer in the documentation
    and/or other materials provided with the distribution.

    THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY
    EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
    DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR
    ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
    DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
    SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGE.

This part of the code is not compiled in the binary packages at the moment.

The files in tutorials/sndkit/tests/ and tutorials/sndkit/samples/ have the 
following license:

    Copyright (C) 4Front Technologies, 2002-2004. Released under GPLv2/CDDL.

This part of the code is not compiled in the binary packages at the moment.

The file softsynth_gtk.c is released in the public domain.

Other files have the following license:

    This this source file is released under GPL v2 license (no other versions).
    See the COPYING file included in the main directory of this source
    distribution for the license terms and conditions.

On Debian GNU/Linux systems, the complete text of the GNU General Public
License version 2 can be found in 
  /usr/share/common-licenses/GPL-2,
the text of the GNU General Public License version 2.1 can be found in
  /usr/share/common-licenses/GPL-2.1 

The complete test of the CDDL License version 1.0 is:

            **** COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
                               Version 1.0 ****
    * 1. Definitions.
          o 1.1. "Contributor" means each individual or entity that creates or
            contributes to the creation of Modifications.
          o 1.2. "Contributor Version" means the combination of the Original
            Software, prior Modifications used by a Contributor (if any), and
            the Modifications made by that particular Contributor.
          o 1.3. "Covered Software" means (a) the Original Software, or (b)
            Modifications, or (c) the combination of files containing Original
            Software with files containing Modifications, in each case
            including portions thereof.
          o 1.4. "Executable" means the Covered Software in any form other than
            Source Code.
          o 1.5. "Initial Developer" means the individual or entity that first
            makes Original Software available under this License.
          o 1.6. "Larger Work" means a work which combines Covered Software or
            portions thereof with code not governed by the terms of this
            License.
          o 1.7. "License" means this document.
          o 1.8. "Licensable" means having the right to grant, to the maximum
            extent possible, whether at the time of the initial grant or
            subsequently acquired, any and all of the rights conveyed herein.
          o 1.9. "Modifications" means the Source Code and Executable form of
            any of the following:
                # A. Any file that results from an addition to, deletion from
                  or modification of the contents of a file containing Original
                  Software or previous Modifications;
                # B. Any new file that contains any part of the Original
                  Software or previous Modification; or
                # C. Any new file that is contributed or otherwise made
                  available under the terms of this License.
          o 1.10. "Original Software" means the Source Code and Executable form
            of computer software code that is originally released under this
            License.
          o 1.11. "Patent Claims" means any patent claim(s), now owned or
            hereafter acquired, including without limitation, method, process,
            and apparatus claims, in any patent Licensable by grantor.
          o 1.12. "Source Code" means (a) the common form of computer software
            code in which modifications are made and (b) associated
            documentation included in or with such code.
          o 1.13. "You" (or "Your") means an individual or a legal entity
            exercising rights under, and complying with all of the terms of,
            this License. For legal entities, "You" includes any entity which
            controls, is controlled by, or is under common control with You.
            For purposes of this definition, "control" means (a) the power,
            direct or indirect, to cause the direction or management of such
            entity, whether by contract or otherwise, or (b) ownership of more
            than fifty percent (50%) of the outstanding shares or beneficial
            ownership of such entity.
    * 2. License Grants.
          o 2.1. The Initial Developer Grant.
            Conditioned upon Your compliance with Section 3.1 below and subject
            to third party intellectual property claims, the Initial Developer
            hereby grants You a world-wide, royalty-free, non-exclusive
            license:
                # (a) under intellectual property rights (other than patent or
                  trademark) Licensable by Initial Developer, to use,
                  reproduce, modify, display, perform, sublicense and
                  distribute the Original Software (or portions thereof), with
                  or without Modifications, and/or as part of a Larger Work;
                  and
                # (b) under Patent Claims infringed by the making, using or
                  selling of Original Software, to make, have made, use,
                  practice, sell, and offer for sale, and/or otherwise dispose
                  of the Original Software (or portions thereof).
                # (c) The licenses granted in Sections 2.1(a) and (b) are
                  effective on the date Initial Developer first distributes or
                  otherwise makes the Original Software available to a third
                  party under the terms of this License.
                # (d) Notwithstanding Section 2.1(b) above, no patent license
                  is granted: (1) for code that You delete from the Original
                  Software, or (2) for infringements caused by: (i) the
                  modification of the Original Software, or (ii) the
                  combination of the Original Software with other software or
                  devices.
          o 2.2. Contributor Grant.
            Conditioned upon Your compliance with Section 3.1 below and subject
            to third party intellectual property claims, each Contributor
            hereby grants You a world-wide, royalty-free, non-exclusive
            license:
                # (a) under intellectual property rights (other than patent or
                  trademark) Licensable by Contributor to use, reproduce,
                  modify, display, perform, sublicense and distribute the
                  Modifications created by such Contributor (or portions
                  thereof), either on an unmodified basis, with other
                  Modifications, as Covered Software and/or as part of a Larger
                  Work; and
                # (b) under Patent Claims infringed by the making, using, or
                  selling of Modifications made by that Contributor either
                  alone and/or in combination with its Contributor Version (or
                  portions of such combination), to make, use, sell, offer for
                  sale, have made, and/or otherwise dispose of:
                  (1) Modifications made by that Contributor (or portions
                  thereof); and (2) the combination of Modifications made by
                  that Contributor with its Contributor Version (or portions of
                  such combination).
                # (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
                  effective on the date Contributor first distributes or
                  otherwise makes the Modifications available to a third party.
                # (d) Notwithstanding Section 2.2(b) above, no patent license
                  is granted: (1) for any code that Contributor has deleted
                  from the Contributor Version; (2) for infringements caused
                  by: (i) third party modifications of Contributor Version, or
                  (ii) the combination of Modifications made by that
                  Contributor with other software (except as part of the
                  Contributor Version) or other devices; or (3) under Patent
                  Claims infringed by Covered Software in the absence of
                  Modifications made by that Contributor.
    * 3. Distribution Obligations.
          o 3.1. Availability of Source Code.
            Any Covered Software that You distribute or otherwise make
            available in Executable form must also be made available in Source
            Code form and that Source Code form must be distributed only under
            the terms of this License. You must include a copy of this License
            with every copy of the Source Code form of the Covered Software You
            distribute or otherwise make available. You must inform recipients
            of any such Covered Software in Executable form as to how they can
            obtain such Covered Software in Source Code form in a reasonable
            manner on or through a medium customarily used for software
            exchange.
          o 3.2. Modifications.
            The Modifications that You create or to which You contribute are
            governed by the terms of this License. You represent that You
            believe Your Modifications are Your original creation(s) and/or You
            have sufficient rights to grant the rights conveyed by this
            License.
          o 3.3. Required Notices.
            You must include a notice in each of Your Modifications that
            identifies You as the Contributor of the Modification. You may not
            remove or alter any copyright, patent or trademark notices
            contained within the Covered Software, or any notices of licensing
            or any descriptive text giving attribution to any Contributor or
            the Initial Developer.
          o 3.4. Application of Additional Terms.
            You may not offer or impose any terms on any Covered Software in
            Source Code form that alters or restricts the applicable version of
            this License or the recipients' rights hereunder. You may choose to
            offer, and to charge a fee for, warranty, support, indemnity or
            liability obligations to one or more recipients of Covered
            Software. However, you may do so only on Your own behalf, and not
            on behalf of the Initial Developer or any Contributor. You must
            make it absolutely clear that any such warranty, support, indemnity
            or liability obligation is offered by You alone, and You hereby
            agree to indemnify the Initial Developer and every Contributor for
            any liability incurred by the Initial Developer or such Contributor
            as a result of warranty, support, indemnity or liability terms You
            offer.
          o 3.5. Distribution of Executable Versions.
            You may distribute the Executable form of the Covered Software
            under the terms of this License or under the terms of a license of
            Your choice, which may contain terms different from this License,
            provided that You are in compliance with the terms of this License
            and that the license for the Executable form does not attempt to
            limit or alter the recipient's rights in the Source Code form from
            the rights set forth in this License. If You distribute the Covered
            Software in Executable form under a different license, You must
            make it absolutely clear that any terms which differ from this
            License are offered by You alone, not by the Initial Developer or
            Contributor. You hereby agree to indemnify the Initial Developer
            and every Contributor for any liability incurred by the Initial
            Developer or such Contributor as a result of any such terms You
            offer.
          o 3.6. Larger Works.
            You may create a Larger Work by combining Covered Software with
            other code not governed by the terms of this License and distribute
            the Larger Work as a single product. In such a case, You must make
            sure the requirements of this License are fulfilled for the Covered
            Software.
    * 4. Versions of the License.
          o 4.1. New Versions.
            Sun Microsystems, Inc. is the initial license steward and may
            publish revised and/or new versions of this License from time to
            time. Each version will be given a distinguishing version number.
            Except as provided in Section 4.3, no one other than the license
            steward has the right to modify this License.
          o 4.2. Effect of New Versions.
            You may always continue to use, distribute or otherwise make the
            Covered Software available under the terms of the version of the
            License under which You originally received the Covered Software.
            If the Initial Developer includes a notice in the Original Software
            prohibiting it from being distributed or otherwise made available
            under any subsequent version of the License, You must distribute
            and make the Covered Software available under the terms of the
            version of the License under which You originally received the
            Covered Software. Otherwise, You may also choose to use, distribute
            or otherwise make the Covered Software available under the terms of
            any subsequent version of the License published by the license
            steward.
          o 4.3. Modified Versions.
            When You are an Initial Developer and You want to create a new
            license for Your Original Software, You may create and use a
            modified version of this License if You: (a) rename the license and
            remove any references to the name of the license steward (except to
            note that the license differs from this License); and (b) otherwise
            make it clear that the license contains terms which differ from
            this License.
    * 5. DISCLAIMER OF WARRANTY.
      COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
      WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
      WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
      DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
      THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE
      IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
      YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST
      OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
      WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
      COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
    * 6. TERMINATION.
          o 6.1. This License and the rights granted hereunder will terminate
            automatically if You fail to comply with terms herein and fail to
            cure such breach within 30 days of becoming aware of the breach.
            Provisions which, by their nature, must remain in effect beyond the
            termination of this License shall survive.
          o 6.2. If You assert a patent infringement claim (excluding
            declaratory judgment actions) against Initial Developer or a
            Contributor (the Initial Developer or Contributor against whom You
            assert such claim is referred to as "Participant") alleging that
            the Participant Software (meaning the Contributor Version where the
            Participant is a Contributor or the Original Software where the
            Participant is the Initial Developer) directly or indirectly
            infringes any patent, then any and all rights granted directly or
            indirectly to You by such Participant, the Initial Developer (if
            the Initial Developer is not the Participant) and all Contributors
            under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
            notice from Participant terminate prospectively and automatically
            at the expiration of such 60 day notice period, unless if within
            such 60 day period You withdraw Your claim with respect to the
            Participant Software against such Participant either unilaterally
            or pursuant to a written agreement with Participant.
          o 6.3. In the event of termination under Sections 6.1 or 6.2 above,
            all end user licenses that have been validly granted by You or any
            distributor hereunder prior to termination (excluding licenses
            granted to You by any distributor) shall survive termination.
    * 7. LIMITATION OF LIABILITY.
      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
      NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
      ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
      SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
      INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
      INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
      GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
      OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
      INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
      SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
      SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
      LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
      OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
      MAY NOT APPLY TO YOU.
    * 8. U.S. GOVERNMENT END USERS.
      The Covered Software is a "commercial item," as that term is defined in
      48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
      (as that term is defined at 48 C.F.R. � 252.227-7014(a)(1)) and
      "commercial computer software documentation" as such terms are used in
      48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
      C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
      Users acquire Covered Software with only those rights set forth herein.
      This U.S. Government Rights clause is in lieu of, and supersedes, any
      other FAR, DFAR, or other clause or provision that addresses Government
      rights in computer software under this License.
    * 9. MISCELLANEOUS.
      This License represents the complete agreement concerning subject matter
      hereof. If any provision of this License is held to be unenforceable,
      such provision shall be reformed only to the extent necessary to make it
      enforceable. This License shall be governed by the law of the
      jurisdiction specified in a notice contained within the Original Software
      (except to the extent applicable law, if any, provides otherwise),
      excluding such jurisdiction's conflict-of-law provisions. Any litigation
      relating to this License shall be subject to the jurisdiction of the
      courts located in the jurisdiction and venue specified in a notice
      contained within the Original Software, with the losing party responsible
      for costs, including, without limitation, court costs and reasonable
      attorneys' fees and expenses. The application of the United Nations
      Convention on Contracts for the International Sale of Goods is expressly
      excluded. Any law or regulation which provides that the language of a
      contract shall be construed against the drafter shall not apply to this
      License. You agree that You alone are responsible for compliance with the
      United States export administration regulations (and the export control
      laws and regulation of any other countries) when You use, distribute or
      otherwise make available any Covered Software.
    * 10. RESPONSIBILITY FOR CLAIMS.
      As between Initial Developer and the Contributors, each party is
      responsible for claims and damages arising, directly or indirectly, out
      of its utilization of rights under this License and You agree to work
      with Initial Developer and Contributors to distribute such responsibility
      on an equitable basis. Nothing herein is intended or shall be deemed to
      constitute any admission of liability.

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