Re: Sun donates elliptic curve code to OpenSSL?
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 - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
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 - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
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 - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
*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 - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
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. - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
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 - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
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. - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]
Re: Sun donates elliptic curve code to OpenSSL?
[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. - The Cryptography Mailing List Unsubscribe by sending unsubscribe cryptography to [EMAIL PROTECTED]