[Just realized that I only sent this to Matthias Klose and the bug, but not to debian-legal. This mail is to debian-legal only to avoid duplicates; Mail-Followup-To set to everyone.]
Josh Triplett wrote: > Matthias Klose wrote: > >>CC'ing debian-legal, please could you have a look at the license? > > > The question being "is this acceptable to go into non-free"? > > [...] > >>The available AVM driver package consists of two portions, namely an Open >>Source Software portion and a Proprietary Source Software portion. The >>Proprietary Source Software portion is delivered in object code format only >>and includes i.e. the lib.o files which, again, include libraries as well >>as specific portions of the driver. The Open Source Software portion is >>licensed under the terms and conditions of the GNU Lesser GPL (LGPL). >>Please be aware of the requirements of the LGPL. You may easily download >>the terms of the LGPL as follows: >>http://www.gnu.org/copyleft/lesser.html. >> >>On Debian GNU/Linux systems, the complete text of the GNU Lesser General >>Public License can be found in `/usr/share/common-licenses/LGPL'. >> >>In general, you may distribute both portions of the available AVM driver >>package, i.e. on a distribution CD delivered in conjunction with your >>products. In addition to the terms of the LGPL and under all AVM >>intellectual property and proprietary rights, AVM grants you the worldwide, >>non-exclusive and royalty-free rights >> >> (1) to use and copy >> >> (2) to make (and have made), use, import, sell, offer for sale or >> otherwise distribute any of your (legal) products or services >> containing (portions of) the AVM driver package, and >> >> (3) to sublicense rights to the extend a license is necessary for using >> your products or services. > > > Up to this point, the license seems acceptable for non-free; it seems to > permit redistribution of the binary-only portion, and the LGPLed portion > is of course acceptable. However: > > >>The Proprietary Source Software, which is delivered in object code format >>only, such as the ".o files", shall in no event be disassembled, reverse >>engineered, decompiled or otherwise "be opened" and the results realised >>insofar shall not be copied or distributed without the prior written >>approval of AVM except to the extent as may be expressly authorized under >>mandatory law. > > > This condition is incompatible with the GNU LGPL. Clause 6 of the LGPL > states in part: > >> 6. As an exception to the Sections above, you may also combine or >>link a "work that uses the Library" with the Library to produce a >>work containing portions of the Library, and distribute that work >>under terms of your choice, provided that the terms permit >>modification of the work for the customer's own use and reverse >>engineering for debugging such modifications. > > > It goes on to state that distributing object code for relinking is > acceptable, as AVM does. However, the license on the work as a whole, > including the .o files, does not "permit modification of the work for > the customer's own use and reverse engineering for debugging such > modifications". > > The result is that neither the .o files which link to the library nor > any compiled binary from both the .o files and the library can be > distributed. > > >>It is understood that you will be responsible/liable for the software which >>you offer/distribute/make available in conjunction with or which you >>combine with (portions of) the AVM driver package. For instance, we refer >>to the implications mentioned in the LGPL in case of a breach (your rights >>granted under LGPL would terminate automatically, see Art. 4 LGPL). You >>should state clearly that you offer any necessary support on your own. > > > This clause doesn't look like a problem. > > > Summary: non-distributable, because the license on the proprietary > portion does not "permit modification of the work for the customer's own > use and reverse engineering for debugging such modifications", which is > incompatible with the LGPLed portion. > > - Josh Triplett
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