Re: Sun donates elliptic curve code to OpenSSL?

2002-09-24 Thread Noriyuki Soda

Greg Broile wrote:
 in the OpenSSL library, provided that the people who don't want to be
 sued comply with a list of conditions:
:
 (2) don't modify Sun's code as provided by Sun, don't use only parts
 of the donated code, and don't remove the license text from the code.

I think this (2) is misunderstanding, or may lead misunderstand.

For example, i) of 3) describes that modifed part of the code
(i.e. modified since Sun's contribution) is not subject of the
covenant. But licensee who modifies Sun's code can covenant to Sun
about the unmodified part of the code.
--
soda

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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-24 Thread Ben Laurie

Markus Friedl wrote:
 On Mon, Sep 23, 2002 at 02:50:20PM +0100, Ben Laurie wrote:
 
(1) they promise not to sue Sun for infringing any of their own patents 
which might
cover the use of the donated code

(2) don't modify Sun's code as provided by Sun, don't use only parts of 
the donated code,
and don't remove the license text from the code.

Note that if you don't want to be bound by Sun's licence, there's a flag 
to remove all their donated code (at least, there's supposed to be, I 
haven't checked).
 
 
 This is a very bad move, especially since the code and
 copyright in question are spread all over the source tree.
 so a flag does not really help.  You still have
 to 'use' the source files for building libssl.

Actually, the flag does help (and it defaults off, I'm told).

 With this code OpenSSL is turning into a non-free project.
 
 Thank you very much.
 
 Thank you for moving patent litigation licenses into OpenSSL.

As has been observed elsewhere, the patent stuff only applies if you 
make a similar promise to Sun. If you don't want to have Sun not sue you 
when you infringe, then don't promise not to sue them.

Have you actually read the licence?

Cheers,

Ben.

-- 
http://www.apache-ssl.org/ben.html   http://www.thebunker.net/

There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit. - Robert Woodruff


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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-24 Thread bear



On Tue, 24 Sep 2002, Bodo Moeller wrote:

On Tue, Sep 24, 2002 at 01:29:29PM +0100, Ben Laurie wrote:
 Markus Friedl wrote:

 With this code OpenSSL is turning into a non-free project.

 As has been observed elsewhere, the patent stuff only applies if you
 make a similar promise to Sun. If you don't want to have Sun not sue you
 when you infringe, then don't promise not to sue them.

Here's a longer explanation.  The Sun code in OpenSSL 0.9.8-dev is
available under the OpenSSL license; additionally, you have the
*option* to accept the covenant:

 The ECC Code is licensed pursuant to the OpenSSL open source
 license provided below.

 In addition, Sun covenants to all licensees who provide a reciprocal
   ^^
 covenant with respect to their own patents if any, not to sue under
 
 current and future patent claims necessarily infringed by the making,
 using, practicing, selling, offering for sale and/or otherwise
 disposing of the ECC Code as delivered hereunder (or portions thereof),
 provided that such covenant shall not apply: [...]

That's a defining relative clause.  If you are not willing to provide
a reciprocal covenant, this has nothing to do with you.  You just
can't use the stuff patented by Sun, but it's not compiled in by
default anyway for exactly this reason.

Read it again.  The first two words of the second sentence you
quoted are, In addition...

As I understand it, this means the donated code is available under
the OpenSSL source license.  So you *can* use it, whether or not
it's patented by Sun.

*In addition* to that, *if* you have software patents and you
promise not to sue Sun over them because of an infringement you
find in the donated code, then Sun promises that it won't sue
you either.  Sun does not forbid people from using the donated
code on the basis of whether or not they make this promise.

Basically, they're offering something they didn't have to offer
in order to release it under the OpenSSL license; if they'd
simply released it under the OpenSSL license, you'd have fewer
options, not more.

Bear



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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-24 Thread Ulf Möller - Mailing Lists

 *In addition* to that, *if* you have software patents and you
 promise not to sue Sun over them because of an infringement you
 find in the donated code, then Sun promises that it won't sue
 you either.  Sun does not forbid people from using the donated
 code on the basis of whether or not they make this promise.

By the way, OpenSSL has always included patented algorithms such as RSA and
IDEA, together with warnings about patent issues in the documentation and
compile time switches to disable algorithms that are known to be patented.

In that sense, OpenSSL as a whole has never been free software. The
licensing terms for IDEA actually are way more restrictive than those for
Sun's ECC code, and nobody has complained about that so far - because many
people find that code useful, and the others just disable it.

--
Ulf Möller * Munich, Germany * E-Mail: ulfm AT epost.de


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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-23 Thread Peter Gutmann

Greg Broiles [EMAIL PROTECTED] writes:

Sun is promising not to sue people for patent infringement for using Sun's
code as provided in the OpenSSL library, provided that the people who don't
want to be sued comply with a list of conditions:

(1) they promise not to sue Sun for infringing any of their own patents which
might cover the use of the donated code

(2) don't modify Sun's code as provided by Sun, don't use only parts of the
donated code, and don't remove the license text from the code.

Doesn't this exclude it from being used in OpenSSL, since it violates the
license?

 * The licence and distribution terms for any publically available version or
 * derivative of this code cannot be changed.  i.e. this code cannot simply be
 * copied and put under another distribution licence
 * [including the GNU Public Licence.]

Peter.

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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-22 Thread Greg Broiles

At 02:47 PM 9/21/2002 +1200, Peter Gutmann wrote:

[EMAIL PROTECTED] writes:

 Some of the OpenSSL developers are on this list. In case they are too 
 busy to
 reply, below are some of the comments from the package:

Could someone with legal know-how translate whatever it is this is saying into
English?

Sun is promising not to sue people for patent infringement for using Sun's 
code as provided
in the OpenSSL library, provided that the people who don't want to be sued 
comply with
a list of conditions:

(1) they promise not to sue Sun for infringing any of their own patents 
which might
cover the use of the donated code

(2) don't modify Sun's code as provided by Sun, don't use only parts of the 
donated code,
and don't remove the license text from the code.


--
Greg Broiles -- [EMAIL PROTECTED] -- PGP 0x26E4488c or 0x94245961



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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-20 Thread M Taylor

On Thu, Sep 19, 2002 at 10:18:46PM -0400, Perry E. Metzger wrote:
 
 According to this:
 
 http://www.sun.com/smi/Press/sunflash/2002-09/sunflash.20020919.8.html
 
 Sun is donating some elliptic curve code to the OpenSSL project. Does
 anyone know details that they would care to share on the nature of the
 donation?

For the geeks,

http://research.sun.com/projects/crypto/
ftp://ftp.openssl.org/snapshot/
openssl-SNAP-20020915.tar.gz or later snapshot files.


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Re: Sun donates elliptic curve code to OpenSSL?

2002-09-20 Thread Peter Gutmann

[EMAIL PROTECTED] writes:

Some of the OpenSSL developers are on this list. In case they are too busy to
reply, below are some of the comments from the package:

Could someone with legal know-how translate whatever it is this is saying into
English?

Peter.

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