SEIKO EPSON license, suitable for non-free ?

2012-12-07 Thread Didier 'OdyX' Raboud
Hi debian-legal,

To ease the installation of the various Epson drivers [0], I'd like to get 
them uploaded to Debian (even non-free would be an improvement over their 
download page). Some of the packages come with source, others not.

But these packages all come with the SEIKO EPSON CORPORATION SOFTWARE LICENSE 
AGREEMENT (attached), which I wonder if it allows redistribution through 
Debian's non-free.

What do you think ?

OdyX

[0] http://avasys.jp/eng/linux_driver/download/lsb/epson-inkjet/escp/
SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT

IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The computer 
software product, fontware, typefaces and/or data, including any 
accompanying explanatory written materials (the Software) should only 
be installed or used by the Licensee (you) on the condition you agree 
with SEIKO EPSON CORPORATION (EPSON) to the terms and conditions set 
forth in this Agreement. By installing or using the Software, you are 
representing to agree all the terms and conditions set forth in this 
Agreement. You should read this Agreement carefully before installing or 
using the Software. If you do not agree with the terms and conditions of 
this Agreement, you are not permitted to install or use the Software.

1. License. EPSON and its suppliers grant you a personal, nonexclusive, 
royalty-free, non-sublicensable limited license to install and use the 
Software on any single computer or computers that you intend to use 
directly or via network. You may allow other users of the computers 
connected to the network to use the Software, provided that you (a) 
ensure that all such users agree and are bound by the terms and 
conditions of this Agreement, (b) ensure that all such users use the 
Software only in conjunction with the computers and in relation to the 
network of which they form part, and (c) indemnify and keep whole EPSON 
and its suppliers against all damages, losses, costs, expenses and 
liabilities which EPSON or its suppliers may incur as a consequence of 
such users failing to observe and perform the terms and conditions of 
this Agreement. You may also make copies of the Software as necessary 
for backup and archival purposes, provided that the copyright notice is 
reproduced in its entirety on the backup copy. The term Software shall 
include the software components, media, all copies made by you and any 
upgrades, modified versions, updates, additions and copies of the 
Software licensed to you by EPSON or its suppliers. EPSON and its 
suppliers reserve all rights not granted herein.

2.Other Rights and Limitations. You agree not to modify, adapt or 
translate the Software. You also agree not to attempt to reverse 
engineer, decompile, disassemble or otherwise attempt to discover the 
source code of the Software. You may not share, rent, lease, encumber, 
sublicense or lend the Software. You may, however, transfer all your 
rights to use the Software to another person or legal entity provided 
that you transfer this Agreement, the Software, including all copies, 
updates and prior versions, to such person or entity, and that you 
retain no copies, including copies stored on a computer. Some states or 
jurisdictions, however, do not allow the restriction or limitation on 
transfer of the Software, so the above limitations may not apply to you.

3.Ownership. Title, ownership rights, and intellectual property rights 
in and to the Software and any copies thereof shall remain with EPSON or 
its suppliers. There is no transfer to you of any title to or ownership 
of the Software and this License shall not be construed as a sale of any 
rights in the Software. The Software is protected by Japanese Copyright 
Law and international copyright treaties, as well as other intellectual 
property laws and treaties. Except as otherwise provided in this 
Agreement, you may not copy the Software. You also agree not to remove 
or alter any copyright and other proprietary notices on any copies of 
the Software.

4.LGPL.The Software uses the open source software programs which 
apply the GNU Lesser General Public License Version 2 or later version 
(“ LGPL”).  Notwithstanding any provision of this Agreement, you may 
make modification of the Software for your own use and reverse 
engineering for debugging such modifications according to the terms and 
conditions of the LGPL.

5. Protection and Security. You agree to use your best efforts and take 
all reasonable steps to safeguard the Software to ensure that no 
unauthorized person has access to them and that no unauthorized copy, 
publication, disclosure or distribution of any of the Software is made. 
You acknowledge that the Software contains valuable, confidential 
information and trade secrets, that unauthorized use and copying are 
harmful to EPSON and its suppliers, and that you have a confidentiality 
obligation as to such valuable information and trade secrets.

6. Limited Warranty. In case of that you 

Re: SEIKO EPSON license, suitable for non-free ?

2012-12-07 Thread Simon McVittie
On 07/12/12 11:50, Didier 'OdyX' Raboud wrote:
 To ease the installation of the various Epson drivers [0], I'd like to get 
 them uploaded to Debian (even non-free would be an improvement over their 
 download page).

That would be nice, but no permission has been given to redistribute
them, and...

 But these packages all come with the SEIKO EPSON CORPORATION SOFTWARE 
 LICENSE 
 AGREEMENT (attached), which I wonder if it allows redistribution through 
 Debian's non-free.

tl;dr: no.

| 2. [...] You may not share, rent, lease, encumber,
| sublicense or lend the Software.

... this specifically forbids sharing. You'd need specific permission
from the copyright holders: at a minimum, Debian and its mirrors need to
be allowed to redistribute whatever you package in non-free.

It even goes further:

| 5. [...] You agree to use your best efforts and take
| all reasonable steps to safeguard the Software to ensure that no
| unauthorized person has access to them and that no unauthorized copy,
| publication, disclosure or distribution of any of the Software is
| made. You acknowledge that [...] unauthorized use and copying are
| harmful to EPSON and its suppliers

which is obviously not possible for Debian to agree to, given that if it
was in non-free, we'd be using our best efforts to ensure that everyone
on the Internet can get a copy! :-)

Another possible route would be to take the same approach as
game-data-packager, java-package, googleearth-package and friends:
require the user to download their own copy, and provide a script to
mangle it into an installable .deb on their own system, at their own
legal risk.

S


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