Hello. I'm in the process of adopting the ckermit package (currently in non-free). I've been talking to upstream (Frank da Cruz from the kermit project at columbia university), and we both would like to see ckermit in main. He is prepared to consider changes to the license.
The license was modified in 2000 to make it more free, but sadly not DFSG-free. The license is at ftp://ftp.kermit.columbia.edu/kermit/f/COPYING.TXT and at the end of this message. The most obvious problem is the requirement not to modify source without permission of the kermit project. Their reasons for this are to keep a consistent code base (They provide free phone/email support funded by kermit license revenue, which also makes them cautious about changing the license) and to avoid modified versions with bad things in them trashing their reputation. I suggested changing it to something along the lines of "cannot distribute modified source unless you get permission OR add prominent disclaimer it is not official kermit and nothing to do with columbia university" (and maybe make them change the name). Would that be acceptable in terms of the DFSG? The crucial paragraph is Clause A: > Conditions for REDISTRIBUTION are as follows: > > (A) The C-Kermit software, in source and/or binary form, may be > included WITHOUT EXPLICIT LICENSE in distributions of OPERATING > SYSTEMS that have OSI (Open Source Initiative, www.opensource.org) > approved licenses, even if non-Open-Source applications (but not > operating systems) are included in the same distribution. Such > distributions include, but are not limited to, CD-ROM, FTP site, > Web site, or preinstalled software on a new GENERAL-PURPOSE > computer, as long as the primary character of the distribution is > an Open Source operating system with accompanying utilities. The > C-Kermit source code may not be changed without the consent of the > Kermit Project, which will not be unreasonably withheld (this is > simply a matter of keeping a consistent and supportable code base). Another possible problem is the reference to Open Source Initiative approved licenses. Together with the line in the introduction/preamble: > The intention is to allow C-Kermit to be distributed with "free" > operating systems such as GNU/Linux, FreeBSD, NetBSD, OpenBSD, The Hurd, > etc, ... I would think that amply covers debian, but IANAL. Are there any other problems with the license? Thanks, Ian. -------------------- License follows -------------------- THE C-KERMIT 7.0 AND 8.0 LICENSE Last update: Thu Feb 8 17:41:07 2002 This is the new C-Kermit 7.0 and 8.0 license. The intention is to allow C-Kermit to be distributed with "free" operating systems such as GNU/Linux, FreeBSD, NetBSD, OpenBSD, The Hurd, etc, even when the distributions themselves (such as Red Hat or Caldera) might be sold and/or might include applications that are not free, and yet still require a license to include C-Kermit in or with "non-free" products such as commercial OS's, commercial software packages, embedded systems, and hardware (other than general-purpose computers preloaded with "free" operating systems), since these licenses furnish a large portion of the Kermit Project's funding. There have been some questions about the provision in Clause (A) that: The C-Kermit source code may not be changed without the consent of the Kermit Project, which will not be unreasonably withheld (this is simply a matter of keeping a consistent and supportable code base). The intention of this clause is primarily to make sure that anybody who makes modifications sends them back to us, since we are the ones have to support C-Kermit, and so we can carry them through to future releases (so you don't have to make the same changes again and again). Secondarily it is to protect Columbia University in the unlikely event of modifications made with deliberate intent to offend or cause damage. Any redistributor of C-Kermit under Clause (A) below should rest assured there is no intention of preventing them from constructing a distribution in the appropriate format (RPM or whatever) for their product or from issuing any patches required for their products; we simply want to be informed so we can maintain a consistent code base and a solid, supportable software package. We are happy to work with any redistributor an any issues that concern them. If you have questions, send them to [EMAIL PROTECTED] Note: All changes to this file since 1 January 2000 (the C-Kermit 7.0 release date) are above; the license itself has not changed, except to update the most recent copyright date. (Begin) Copyright (C) 1985, 2002, The Trustees of Columbia University in the City of New York. All rights reserved. PERMISSIONS: The C-Kermit software may be obtained directly from the Kermit Project at Columbia University (or from any source explicitly licensed by the Kermit Project or implicitly licensed by Clause (A) below) by any individual for his or her OWN USE, and by any company or other organization for its own INTERNAL DISTRIBUTION and use, including installation on servers that are accessed by customers or clients, WITHOUT EXPLICIT LICENSE. Conditions for REDISTRIBUTION are as follows: (A) The C-Kermit software, in source and/or binary form, may be included WITHOUT EXPLICIT LICENSE in distributions of OPERATING SYSTEMS that have OSI (Open Source Initiative, www.opensource.org) approved licenses, even if non-Open-Source applications (but not operating systems) are included in the same distribution. Such distributions include, but are not limited to, CD-ROM, FTP site, Web site, or preinstalled software on a new GENERAL-PURPOSE computer, as long as the primary character of the distribution is an Open Source operating system with accompanying utilities. The C-Kermit source code may not be changed without the consent of the Kermit Project, which will not be unreasonably withheld (this is simply a matter of keeping a consistent and supportable code base). (B) Inclusion of C-Kermit software in whole or in part, in any form, in or with any product not covered by Clause (A), or its distribution by any commercial enterprise to its actual or potential customers or clients except as in Clause (A), requires a license from the Kermit Project, Columbia University; contact [EMAIL PROTECTED] The name of Columbia University may not be used to endorse or promote products derived from or including the C-Kermit software without specific prior written permission. DISCLAIMER: THIS SOFTWARE IS PROVIDED AS IS, WITHOUT REPRESENTATION FROM THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK AS TO ITS FITNESS FOR ANY PURPOSE, AND WITHOUT WARRANTY BY THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WITH RESPECT TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, EVEN IF IT HAS BEEN OR IS HEREAFTER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL INDEMNIFY AND HOLD HARMLESS THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, ITS EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSS, DAMAGE OR EXPENSE (INCLUDING ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF THIS SOFTWARE. The above copyright notice, permissions notice, and disclaimer may not be removed, altered, or obscured and shall be included in all copies of the C-Kermit software. The Trustees of Columbia University in the City of New York reserve the right to revoke this permission if any of the terms of use set forth above are breached. (End) -------------------- License ends --------------------
