Hello debian-legal, I've got some questions about the legal status of a small portion of a package I'm working on, libconcurrency-java (containing the java package EDU.oswego.cs.dl.util.concurrent). The upstream author, Doug Lea has put all of his code into the public domain. However, a few of the files have statements like this one (from the file ConcurrentHashMap.java):
Written by Doug Lea. Adapted from JDK1.2 HashMap.java and Hashtable.java which carries the following copyright: * Copyright 1997 by Sun Microsystems, Inc., * 901 San Antonio Road, Palo Alto, California, 94303, U.S.A. * All rights reserved. * * This software is the confidential and proprietary information * of Sun Microsystems, Inc. ("Confidential Information"). You * shall not disclose such Confidential Information and shall use * it only in accordance with the terms of the license agreement * you entered into with Sun. I wrote Prof. Lea and asked if he has permission to distribute these classes, and how this permission might apply to Debian. He sent me the text of a license he has signed with Sun: On Mon, Sep 30, 2002 at 07:17:54PM -0400, Doug Lea wrote: <snip my question> > I think I'm OK. The permission agreement I signed says in its > entirety (sorry that pasting from acroread doesn't preserve format) > > TECHNOLOGY LICENSE FROM SUN MICROSYSTEMS, INC. TO DOUG LEA Whereas > Doug Lea desires to utilize certain Java Software technologies in the > util.concurrent technology; and Whereas Sun Microsystems, Inc. ( Sun ) > desires that Doug Lea utilize certain Java Software technologies in > the util.concurrent technology; Therefore the parties agree as > follows. Java Software technologies means > classes/java/util/ArrayList.java, and > classes/java/util/HashMap.java. The Java Software technologies are > Copyright (c) 1994-2001 Sun Microsystems, Inc. All rights > reserved. Sun hereby grants Doug Lea a non-exclusive, worldwide, > non-transferrable license to use and distribute the Java Software > technologies as a part of a larger work in source and binary forms, > with or without modification, provided that the following conditions > are met: -Neither the name of or trademarks of Sun may be used to > endorse or promote products derived from the Java Software technology > without specific prior written permission. -Redistributions of source > or binary code must be accompanied by the following notice and > disclaimers: Portions copyright Sun Microsystems, Inc. Used with kind > permission. This software is provided "AS IS," without a warranty of > any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND > WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS > FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN > MICROSYSTEMS, INC. AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY > DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR > DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN > MICROSYSTEMS, INC. OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, > PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, > INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE > THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE > SOFTWARE, EVEN IF SUN MICROSYSTEMS, INC. HAS BEEN ADVISED OF THE > POSSIBILITY OF SUCH DAMAGES. You acknowledge that Software is not > designed, licensed or intended for use in the design, construction, > operation or maintenance of any nuclear facility. signed [Doug Lea] > dated I'm a bit concerned about the word "non-transferable" and the fact that the license may grant permission to modify and/or distribute to Doug Lea but not to third parties like Debian or even me as an individual. Do I need to get further clairification from Sun about this? The package will already be going into contrib because several of the classes depending on the Java2 Container API. I just don't want it to be relegated to non-free (I'll remove the offending files before doing that). Anyway, thanks in advance for your advice! -- Steven Barker [EMAIL PROTECTED] Lunatic Asylum, n.: The place where optimism most flourishes. Get my GnuPG public key at: http://www.blckknght.org/publickey.asc Fingerprint: 272A 3EC8 52CE F22B F745 775E 5292 F743 EBD5 936B
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