Re: [gentoo-dev] New license: Adaptec
Am Freitag, den 30.08.2013, 07:35 +0200 schrieb Ulrich Mueller: On Fri, 30 Aug 2013, Diego Elio Pettenò wrote: On Thu, Aug 29, 2013 at 7:20 PM, Tiziano Müller dev-z...@gentoo.org wrote: good point, will go for ADAPTEC then instead Please don't. +1 Obviously they have different licenses for different products, so if there's no name that identifies the license itself, then it might be better to use e.g. the package name instead. It seems they use this EULA for all their downloads by now. So, how about Adaptec-EULA ?
[gentoo-dev] New license: Adaptec
I would like to add arcconf (binary to manage aacraid-based controllers) to the tree, which is protected by a mandatory clickthrough witch the attached text. The license would be named Adaptec and added to the NON-FREE license group. Objections? ADAPTEC, INC. DOWNLOADABLE SOFTWARE LICENSE This License is granted by Adaptec, Inc., referred to in this License as ADAPTEC or we or us. ADAPTEC reserves the right to record all activities and to use any information obtained in accordance with the privacy policy which you can access below. Directions to Obtain Your File: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY. YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE AFFIRMATIVE, A BINDING LICENSE AGREEMENT (LICENSE) WILL BE CONCLUDED BETWEEN US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED. YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO NOT DOWNLOAD ANY FILES. Please retain a copy of the License for your files or you may contact ADAPTEC's Legal Department at the address listed below for a further copy. This license may be concluded in English or the language in which it is drafted by ADAPTEC and appears to you online, as applicable. If you are a consumer residing in Europe (a European Consumer) then this License shall not affect your statutory rights under the local laws in Europe. This License grants you a non-exclusive license to use the ADAPTEC Software and related documentation (Software) on the following terms, conditions, and export compliance requirements: If you are NOT an individual consumer residing in Europe then the following terms, conditions and export compliance requirements apply and are a part of your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN. If you are an individual consumer residing in Europe (European Consumer) then the following terms, conditions and export compliance requirements apply and are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE. Your right to use the Software.You may use the Software in machine readable form (i.e. the form you download from us) within a single working location. You may copy the Software in the same form solely for back-up purposes or use within a single working location. You must reproduce ADAPTEC's copyright notice and proprietary legends. These requirements apply to European Consumers. Restrictions. This Software contains trade secrets and in order to protect them you may not: (1) distribute copies of the Software in any manner, including, but not limited to, distribution through web site posting; (2) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These requirements apply to European Consumers. Ownership. The Software is copyrighted by, proprietary to and a trade secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States, the European Union, and international copyright treaties. This License is not a sale of the Software. These terms apply to European consumers. Termination. This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies. This provision applies to European Consumers. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5 DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU AS IS. YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND
Re: [gentoo-dev] New license: Adaptec
On Thu, 29 Aug 2013, Tiziano Müller wrote: I would like to add arcconf (binary to manage aacraid-based controllers) to the tree, which is protected by a mandatory clickthrough witch the attached text. The license would be named Adaptec and added to the NON-FREE license group. The license contains nasty clauses like this: If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. I.e., if you install the software on your computer, you're not allowed to travel with it. Not sure if this would be enforceable for travel within the EU, but nevertheless, I suggest that you add the license to the @EULA group. And the ebuild needs mirror restriction, at least. Adaptec was previously used for a different license: http://sources.gentoo.org/cgi-bin/viewvc.cgi/gentoo-x86/licenses/Adaptec?view=markup So better choose another name to avoid confusion. Ulrich
Re: [gentoo-dev] New license: Adaptec
On 29/08/13 06:29 AM, Tiziano Müller wrote: I would like to add arcconf (binary to manage aacraid-based controllers) to the tree, which is protected by a mandatory clickthrough witch the attached text. The license would be named Adaptec and added to the NON-FREE license group. Objections? Yes. 1. The license expressly forbids redistribution, so RESTRICT=mirror is mandatory. RESTRICT=fetch may be required, but I haven't read it that carefully. 2. The NON-FREE license group does not exist in the g-x86 tree. I don't think this license falls under any current license group. signature.asc Description: OpenPGP digital signature
Re: [gentoo-dev] New license: Adaptec
On Thu, Aug 29, 2013 at 10:38 AM, Alex Xu alex_y...@yahoo.ca wrote: 1. The license expressly forbids redistribution, so RESTRICT=mirror is mandatory. RESTRICT=fetch may be required, but I haven't read it that carefully. RESTRICT=fetch generally has nothing to do with what is written in the license, and everything to do with whether a stable URL exists for the distfiles. Gentoo does not need a license to publish a URL. Rich
Re: [gentoo-dev] New license: Adaptec
On Thu, Aug 29, 2013 at 4:17 AM, Ulrich Mueller u...@gentoo.org wrote: The license contains nasty clauses like this: If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. I.e., if you install the software on your computer, you're not allowed to travel with it. Not sure if this would be enforceable for travel within the EU, but nevertheless, I suggest that you add the license to the @EULA group. And the ebuild needs mirror restriction, at least. That seems like a pretty crazy interpretation of that text.
Re: [gentoo-dev] New license: Adaptec
On Thu, 29 Aug 2013, Matt Turner wrote: If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. I.e., if you install the software on your computer, you're not allowed to travel with it. That seems like a pretty crazy interpretation of that text. Is it? An item is exported if it leaves the territory of the country (permanently or temporarily). That's at least how customs regulations in the EU define the term. Ulrich
Re: [gentoo-dev] New license: Adaptec
Am Donnerstag, den 29.08.2013, 13:17 +0200 schrieb Ulrich Mueller: On Thu, 29 Aug 2013, Tiziano Müller wrote: I would like to add arcconf (binary to manage aacraid-based controllers) to the tree, which is protected by a mandatory clickthrough witch the attached text. The license would be named Adaptec and added to the NON-FREE license group. The license contains nasty clauses like this: If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. In my use case that clause isn't a real problem since it's being used on a server. I.e., if you install the software on your computer, you're not allowed to travel with it. Not sure if this would be enforceable for travel within the EU, but nevertheless, I suggest that you add the license to the @EULA group. And the ebuild needs mirror restriction, at least. right, @EULA is what I meant (instead of NON-FREE). Since you're not allowed to redistribute I already restricted fetch, mirror bindist in the corresponding ebuild. What is interesting is that they even make you agree to that EULA for their updated aacraid drivers which are based on the in-kernel drivers. I suspect a GPL violation here... Adaptec was previously used for a different license: http://sources.gentoo.org/cgi-bin/viewvc.cgi/gentoo-x86/licenses/Adaptec?view=markup So better choose another name to avoid confusion. good point, will go for ADAPTEC then instead
Re: [gentoo-dev] New license: Adaptec
On Thu, Aug 29, 2013 at 7:20 PM, Tiziano Müller dev-z...@gentoo.org wrote: good point, will go for ADAPTEC then instead Please don't. Diego Elio Pettenò — Flameeyes flamee...@flameeyes.eu — http://blog.flameeyes.eu/
Re: [gentoo-dev] New license: Adaptec
On Fri, 30 Aug 2013, Diego Elio Pettenò wrote: On Thu, Aug 29, 2013 at 7:20 PM, Tiziano Müller dev-z...@gentoo.org wrote: good point, will go for ADAPTEC then instead Please don't. +1 Obviously they have different licenses for different products, so if there's no name that identifies the license itself, then it might be better to use e.g. the package name instead. Ulrich
