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
