[was previosly CCed to bugs.d.o, but got lost when master was down]
Hello,
My name is Stephen Stafford and I am a Debian GNU/Linux maintainer. I
am in the process of packaging Squeak (a smalltalk implementation) for
inclusion in our distribution and am writing to ask for some
clarification of some licensing issues. I have attached the license
for your convenience (The file "LICENSE").
For a piece of software to be included in our distribution it must
meet the Debian Free Software Guidelines (DFSG) which I have also
attached for your convenience (it forms the second part of the file
"social-contract.txt")
In particular this license is not free (in the DFSG sense) due to
clause 2 which would appear to disallow modification of the fonts in
the package and/or the redistribution of said fonts seperate from the
pacakge. This is not a bar to our distributing the package however as
we have a section called non-free which allows for the distribution of
software which does not quite meet the DFSG.
There is also clause 6 which appears to me at least to be redundant in
that if you are under the jurisdiction of the United States then you
would not be allowed to export to these countries anyway, and if you
are not in that jurisdiction then it does not apply. This clause makes
it necessary for the package to go into another part of our
distribution entitled non-us (which has a subsection non-free, so it
would in fact be put into non-us/non-free).
Neither of these clauses (2 and 6) are a bar to packaging and
distributing the Squeak software for us. Clause 5 however may be,
which is why I am contacting you in order to gain clarification on this
matter.
Clause 5 *could* be interpreted to mean that as a redistributor that
we would or could be held liable for any and all costs incurred by you
if one of our users decided to take legal action against Apple. This
*would* be a bar to our distributing this software. It could also be
read to mean "If you decide to take us to court then you would have to
pay our legal fees as an end user" in which case it would not be a bar.
I am hoping that you could provide some clarification for me upon this
matter as I believe that the Squeak software would be a valuable
addition to our distribution.
There has been some talk on one of the squeak related mailing lists of
removing the Apple fonts from the software and relicensing it as GPL.
I am unsure as to how this is progressing if it is at all. Relicensing
it as GPL would mean that I could package it for the main distribution
without having to be concerned about putting it into non-us/non-free.
This would make the package available to a far larger percentage of our
users. The relicensing of squeak as GPL would be a good thing as far
as I am concerned.
I thank you very much for your time in this matter and I hope that we
can together bring this software to our users with a minimum of fuss.
- --
Stephen Stafford
[EMAIL PROTECTED]
GPG Public key available on request or at keyring.debian.org
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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
1. License. The software, documentation and any fonts which you will
receive by downloading this software (the "Apple Software") are
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the Apple Software, and the Apple Software and any copies which this
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under your direct control. You may modify and create derivative works
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modify or create derivative works of the fonts provided by Apple
("Fonts"). You may distribute and sublicense such Modified Software
only under the terms of a valid, binding license that makes no
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Modified Software, and not as a part of or for use with Modified
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or their existing relationships, or (2) any part of the virtual
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added and ported portions of the Modified Software must be made
publicly available, preferably by means of download from a website, at
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EXHIBIT A
License. You may copy, install, use, modify and create derivative
works of the [Modified Software] "Changed Software" (but you may not
modify or create derivative works of the [Fonts]) and distribute and
sublicense such Changed Software, provided however, that if the
Changed Software contains modifications, overwrites, replacements,
deletions, additions, or ports to new platforms of: (1) the methods of
existing classes objects or their existing relationships, or (2) any
part of the virtual machine, then for so long as the Changed Software
is distributed or sublicensed to others, such modified, overwritten,
replaced, deleted, added and ported portions of the Changed Software
must be made publicly available, preferably by means of download from
a website, at no charge under the terms of a license that makes no
representations or warranties on behalf of any third party, is no less
protective of [the licensors of the Modified Software] and its
licensors, and contains the terms set forth in Exhibit A below [which
should contain the terms of this Exhibit A]. You may distribute and
sublicense the [Fonts] only as a part of and for use with Changed
Software, and not as a part of or for use with Changed Software that
is distributed or sublicensed for a fee or for other valuable
consideration.
Debian GNU/Linux Social Contract
The Debian Project is an association of individuals who have made common
cause to create a free operating system. This is the "social contract"
we offer to the free software community.
------------------------------------------------------------------------
"Social Contract" with the Free Software Community
1. Debian Will Remain 100% Free Software
We promise to keep the Debian GNU/Linux Distribution entirely free
software. As there are many definitions of free software, we include
the guidelines we use to determine if software is "free" below. We will
support our users who develop and run non-free software on Debian, but
we will never make the system depend on an item of non-free software.
2. We Will Give Back to the Free Software Community
When we write new components of the Debian system, we will license them
as free software. We will make the best system we can, so that free
software will be widely distributed and used. We will feed back
bug-fixes, improvements, user requests, etc. to the "upstream" authors
of software included in our system.
3. We Won't Hide Problems
We will keep our entire bug-report database open for public view at all
times. Reports that users file on-line will immediately become visible
to others.
4. Our Priorities are Our Users and Free Software
We will be guided by the needs of our users and the free-software
community. We will place their interests first in our priorities. We
will support the needs of our users for operation in many different
kinds of computing environment. We won't object to commercial software
that is intended to run on Debian systems, and we'll allow others to
create value-added distributions containing both Debian and commercial
software, without any fee from us. To support these goals, we will
provide an integrated system of high-quality, 100% free software, with
no legal restrictions that would prevent these kinds of use.
5. Programs That Don't Meet Our Free-Software Standards
We acknowledge that some of our users require the use of programs that
don't conform to the Debian Free Software Guidelines. We have created
"contrib" and "non-free" areas in our FTP archive for this software.
The software in these directories is not part of the Debian system,
although it has been configured for use with Debian. We encourage CD
manufacturers to read the licenses of software packages in these
directories and determine if they can distribute that software on their
CDs. Thus, although non-free software isn't a part of Debian, we
support its use, and we provide infrastructure (such as our
bug-tracking system and mailing lists) for non-free software packages.
------------------------------------------------------------------------
The Debian Free Software Guidelines
1. Free Redistribution
The license of a Debian component may not restrict any party from
selling or giving away the software as a component of an aggregate
software distribution containing programs from several different
sources. The license may not require a royalty or other fee for such
sale.
2. Source Code
The program must include source code, and must allow distribution in
source code as well as compiled form.
3. Derived Works
The license must allow modifications and derived works, and must allow
them to be distributed under the same terms as the license of the
original software.
4. Integrity of The Author's Source Code
The license may restrict source-code from being distributed in modified
form _only if the license allows the distribution of "patch files" with
the source code for the purpose of modifying the program at build time.
The license must explicitly permit distribution of software built from
modified source code. The license may require derived works to carry a
different name or version number from the original software. (This is a
compromise. The Debian group encourages all authors to not restrict any
files, source or binary, from being modified.)
5. No Discrimination Against Persons or Groups
The license must not discriminate against any person or group of
persons.
6. No Discrimination Against Fields of Endeavor
The license must not restrict anyone from making use of the program in
a specific field of endeavor. For example, it may not restrict the
program from being used in a business, or from being used for genetic
research.
7. Distribution of License
The rights attached to the program must apply to all to whom the
program is redistributed without the need for execution of an
additional license by those parties.
8. License Must Not Be Specific to Debian
The rights attached to the program must not depend on the program's
being part of a Debian system. If the program is extracted from Debian
and used or distributed without Debian but otherwise within the terms
of the program's license, all parties to whom the program is
redistributed should have the same rights as those that are granted in
conjunction with the Debian system.
9. License Must Not Contaminate Other Software
The license must not place restrictions on other software that is
distributed along with the licensed software. For example, the license
must not insist that all other programs distributed on the same medium
must be free software.
10. Example Licenses
The "GPL", "BSD", and "Artistic" licenses are examples of licenses that
we consider "free".
------------------------------------------------------------------------
