-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 I would like to clarify that this is the CeCILL-1.1 license and the license in tree is CeCILL-2.
On 02/14/12 03:14, Richard Yao wrote: > > I would like to write an ebuild for some software that is CeDILL-1.1 > licensed, but the license is not in the portage tree. The CeDILL-2 > license is in the portage tree. > > I had a chat with robbat in #gentoo-dev on freenode about importing this > license into the tree. He did not see any problems with it, but he asked > me to send my request to the mailing list. The IRC transcript is below: > > 02:42 <+gentoofan> ulm: ping > 02:43 <+gentoofan> I am told that you know a good deal about licensing. > I am thinking of writing an ebuild for some software licensed > CeCILL-1.1, which is not in portage. The terms of the license worry me: > http://paste.pocoo.org/show/550666/ > 02:44 <+gentoofan> In particular, it seems like I am giving up my rights > as a US citizen by agreeing to their license: "13.1 The Agreement is > governed by French law." "In the event of a conflict as > regards construction, the French version shall be > deemed authentic." > 02:45 <+gentoofan> The software is behind a download wall that requires > registration and an agreement to their license, even though all I want > to do is write an ebuild. Should I be worried about being hauled to a > court in France if there is ever a dispute arising from > the creation of the ebuild? > 02:45 <@robbat2> gentoofan, that's no different that many other EULAs > that state any lawsuits involving the license must be brought in California > 02:46 <@antarus> gentoofan: I presume we aren't distributing it? > 02:46 <+gentoofan> robbat2: I prefer California to France. Password > hashing is illegal in France. > 02:46 <@antarus> I only need to agree to the license to use the > software, or to redistribute it, not to write an ebuild ;p > 02:47 <+gentoofan> antarus: I seem to also need to agree to download it. :/ > 02:47 <@robbat2> the "Adobe" license says: California if in > Canada/US/Mexico ; Japan if in Asia ; Netherlands for all other > jurisdictions > 02:48 <@robbat2> yes, 3.1, if you download it or distribute it, you are > bound by the rest of the terms of the license > 02:48 <+gentoofan> This is their site. It only permits people to > download who agree: http://www.nemo-ocean.eu/ > 02:49 <+gentoofan> They distribute by password protected SVN. :/ > 02:49 <@antarus> why do you want to use it then? ;p > 02:49 <+gentoofan> antarus: A professor I know wants it installed. > 02:49 <+gentoofan> You can say this is academic politics. -_- > 02:49 <@robbat2> the license is already in the tree > 02:49 <@antarus> oh I am familiar ;p > 02:49 <+gentoofan> Version 1.1? > 02:49 <@robbat2> v 2 > 02:50 <@antarus> I blame france for everything > 02:50 <@robbat2> but see clause 12.3 > 02:50 <@robbat2> of v1.1 > 02:50 <@robbat2> that says you can elect to use v2 > 02:51 <+gentoofan> Does Gentoo policy permit people to relicense stuff > in the portage tree under a more restrictive license if the license > permits it? I would have thought that people would want the original > license terms. > 02:51 <@antarus> license syntax supports || > 02:52 <@robbat2> one sec, i'm compare v1.1 to v2 > 02:52 <@robbat2> (both ulm and myself are in the licenses team) > 02:52 <+gentoofan> robbat2: Ah, cool. :) > 02:54 -!- GurliGebis [~gurlig...@toucan.home.gurlinet.dk] has joined > #gentoo-dev > 02:54 -!- GurliGebis [~gurlig...@toucan.home.gurlinet.dk] has quit > [Changing host] > 02:54 -!- GurliGebis [~GurliGebi@gentoo/developer/gurligebis] has joined > #gentoo-dev > 02:55 <@jdhore> JUST to be odd and different > 02:56 <@jdhore> whoops, wrong window > 02:56 <@robbat2> ok, there's no substantial difference between v1.1 and v2 > 02:56 <@robbat2> just a lot of cleanups for clarity > 02:56 -!- danblack [~dragonhea@gentoo/developer/dragonheart] has quit > [Ping timeout: 276 seconds] > 02:56 <@robbat2> (it somebody added ignore-punctation to wdiff, it would > be really useful, just saying...) > 02:56 -!- Slackwise_ [~slackw...@c-98-228-245-82.hsd1.il.comcast.net] > has joined #gentoo-dev > 02:57 <+gentoofan> robbat2: Should I file a bug report about putting it > into the tree? > 02:57 -!- fisted [~fisted@unaffiliated/fisted] has quit [Quit: leaving] > 02:58 <@robbat2> the only bit of legal significence is v1.1 called the > modules dynamic and static, while v2 calls them internal & external. the > impact is the same (basically LGPL vs GPL) > 02:58 <@robbat2> it's adding a new license, so you need to email it to > the gentoo-dev list > 02:58 <@robbat2> in your email, note that it's similar to the v2 license > 02:58 <@robbat2> that's already in the tree > 02:59 <+gentoofan> robbat2: Okay. Will do. > 02:59 <@robbat2> there no other concerns with packaging this app > 02:59 -!- fisted [~fisted@unaffiliated/fisted] has joined #gentoo-dev > 02:59 <+gentoofan> Should I include a transcript of the #gentoo-dev > discussion? > 02:59 <@robbat2> mention it if you want > > Here are the license terms: > > FREE SOFTWARE LICENSING AGREEMENT CeCILL > ======================================== > > > Notice > ------ > > > This Agreement is a free software license that is the result of discussions > between its authors in order to ensure compliance with the two main > principles guiding its drafting: > - firstly, its conformity with French law, both as regards the law of > torts and intellectual property law, and the protection that it offers > to authors and the holders of economic rights over software. > - secondly, compliance with the principles for the distribution of free > software: access to source codes, extended user-rights. > > The following bodies are the authors of this license CeCILL (Ce : CEA, C : > CNRS, I : INRIA, LL : Logiciel Libre): > > Commissariat à l'Energie Atomique - CEA, a public scientific, technical and > industrial establishment, having its principal place of business at 31-33 > rue de la Fédération, 75752 PARIS cedex 15, France. > > Centre National de la Recherche Scientifique - CNRS, a public scientific > and technological establishment, having its principal place of business at > 3 rue Michel-Ange 75794 Paris cedex 16, France. > > Institut National de Recherche en Informatique et en Automatique - INRIA, a > public scientific and technological establishment, having its principal > place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le > Chesnay cedex. > > > PREAMBLE > -------- > > > The purpose of this Free Software Licensing Agreement is to grant users the > right to modify and redistribute the software governed by this license > within the framework of an "open source" distribution model. > > The exercising of these rights is conditional upon certain obligations for > users so as to ensure that this status is retained for subsequent > redistribution operations. > > As a counterpart to the access to the source code and rights to copy, modify > and redistribute granted by the license, users are provided only with a > limited warranty and the software's author, the holder of the economic > rights, and the successive licensors only have limited liability. > > In this respect, it is brought to the user's attention that the risks > associated with loading, using, modifying and/or developing or reproducing > the software by the user given its nature of Free Software, that may > mean that it is complicated to manipulate, and that also therefore means > that it is reserved for developers and experienced professionals having > in-depth computer knowledge. Users are therefore encouraged to load and test > the Software's suitability as regards their requirements in conditions > enabling the security of their systems and/or data to be ensured and, more > generally, to use and operate it in the same conditions of security. > This Agreement may be freely reproduced and published, provided it is > not altered, and that no Articles are either added or removed herefrom. > > This Agreement may apply to any or all software for which the holder of the > economic rights decides to submit the operation thereof to its provisions. > > > Article 1 - DEFINITIONS > ------------------------ > > > For the purposes of this Agreement, when the following expressions commence > with a capital letter, they shall have the following meaning: > > Agreement: means this Licensing Agreement, and any or all of its subsequent > versions. > > Software: means the software in its Object Code and/or Source Code form > and, where applicable, its documentation, "as is" at the time when the > Licensee accepts the Agreement. > > Initial Software: means the Software in its Source Code and/or Object Code > form and, where applicable, its documentation, "as is" at the time when it > is distributed for the first time under the terms and conditions of the > Agreement. > > Modified Software: means the Software modified by at least one > Contribution. > > Source Code: means all the Software's instructions and program lines to > which access is required so as to modify the Software. > > Object Code: means the binary files originating from the compilation of the > Source Code. > > Holder: means the holder of the economic rights over the Initial > Software. > > Licensee(s): mean(s) the Software user(s) having accepted the Agreement. > > Contributor: means a Licensee having made at least one Contribution. > > Licensor: means the Holder, or any or all other individual or legal entity, > that distributes the Software under the Agreement. > > Contributions: mean any or all modifications, corrections, translations, > adaptations and/or new functionalities integrated into the Software by any > or all Contributor, and the Static Modules. > > Module: means a set of sources files including their documentation that, > once compiled in executable form, enables supplementary functionalities or > services to be developed in addition to those offered by the Software. > > Dynamic Module: means any or all module, created by the Contributor, that > is independent of the Software, so that this module and the Software are in > two different executable forms that are run in separate address spaces, > with one calling the other when they are run. > > Static Module: means any or all module, created by the Contributor and > connected to the Software by a static link that makes their object codes > interdependent. This module and the Software to which it is connected, are > combined in a single executable. > > Parties: mean both the Licensee and the Licensor. > > These expressions may be used both in singular and plural form. > > > Article 2 - PURPOSE > ------------------- > > > The purpose of the Agreement is to enable the Licensor to grant the > Licensee a free, non-exclusive, transferable and worldwide License for the > Software as set forth in Article 5 hereinafter for the whole term of > protection of the rights over said Software. > > > Article 3 - ACCEPTANCE > ---------------------- > > > 3.1. The Licensee shall be deemed as having accepted the terms and > conditions of this Agreement by the occurrence of the first of the > following events: > - (i) loading the Software by any or all means, notably, by downloading > from a remote server, or by loading from a physical medium; > - (ii) the first time the Licensee exercises any of the rights granted > hereunder. > > 3.2. One copy of the Agreement, containing a notice relating to the > specific nature of the Software, to the limited warranty, and to the > limitation to use by experienced users has been provided to the Licensee > prior to its acceptance as set forth in Article 3.1 hereinabove, and the > Licensee hereby acknowledges that it is aware thereof. > > > Article 4 - EFFECTIVE DATE AND TERM > ----------------------------------- > > > 4.1. EFFECTIVE DATE > > The Agreement shall become effective on the date when it is accepted by the > Licensee as set forth in Article 3.1. > > 4.2. TERM > > The Agreement shall remain in force during the whole legal term of > protection of the economic rights over the Software. > > > Article 5 - SCOPE OF THE RIGHTS GRANTED > --------------------------------------- > > > The Licensor hereby grants to the Licensee, that accepts such, the > following rights as regards the Software for any or all use, and for the > term of the Agreement, on the basis of the terms and conditions set forth > hereinafter. > > Otherwise, the Licensor grants to the Licensee free of charge exploitation > rights on the patents he holds on whole or part of the inventions > implemented in the Software. > > 5.1. RIGHTS OF USE > > The Licensee is authorized to use the Software, unrestrictedly, as regards > the fields of application, with it being hereinafter specified that this > relates to: > - permanent or temporary reproduction of all or part of the Software by > any or all means and in any or all form. > - loading, displaying, running, or storing the Software on any or all > medium. > - entitlement to observe, study or test the operation thereof so as to > establish the ideas and principles that form the basis for any or all > constituent elements of said Software. This shall apply when the > Licensee carries out any or all loading, displaying, running, > transmission or storage operation as regards the Software, that it is > entitled to carry out hereunder. > > 5.2. entitlement to make CONTRIBUTIONS > > The right to make Contributions includes the right to translate, adapt, > arrange, or make any or all modification to the Software, and the right to > reproduce the resulting Software. > > The Licensee is authorized to make any or all Contribution to the Software > provided that it explicitly mentions its name as the author of said > Contribution and the date of the development thereof. > > 5.3. DISTRIBUTION AND PUBLICATION RIGHTS > > In particular, the right of distribution and publication includes the right > to transmit and communicate the Software to the general public on any or > all medium, and by any or all means, and the right to market, either in > consideration of a fee, or free of charge, a copy or copies of the Software > by means of any or all process. > The Licensee is further authorized to redistribute copies of the modified > or unmodified Software to third parties according to the terms and > conditions set forth hereinafter. > > 5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION > > The Licensee is authorized to redistribute true copies of the Software in > Source Code or Object Code form, provided that said redistribution complies > with all the provisions of the Agreement and is accompanied by: > - a copy of the Agreement, > - a notice relating to the limitation of both the Licensor's warranty > and liability as set forth in Articles 8 and 9, > and that, in the event that only the Software's Object Code is > redistributed, the Licensee allows future Licensees unhindered access to > the Software's full Source Code by providing them with the terms and > conditions for access thereto, it being understood that the additional cost > of acquiring the Source Code shall not exceed the cost of transferring the > data. > > 5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE > > When the Licensee makes a Contribution to the Software, the terms and > conditions for the redistribution of the Modified Software shall then be > subject to all the provisions hereof. > > The Licensee is authorized to redistribute the Modified Software, in Source > Code or Object Code form, provided that said redistribution complies with > all the provisions of the Agreement and is accompanied by: > - a copy of the Agreement, > - a notice relating to the limitation of both the Licensor's warranty > and liability as set forth in Articles 8 and 9, > and that, in the event that only the Modified Software's Object Code is > redistributed, the Licensee allows future Licensees unhindered access to > the Modified Software's full Source Code by providing them with the terms > and conditions for access thereto, it being understood that the additional > cost of acquiring the Source Code shall not exceed the cost of transferring > the data. > > > 5.3.3. redistribution OF DYNAMIC MODULES > > When the Licensee has developed a Dynamic Module, the terms and conditions > hereof do not apply to said Dynamic Module, that may be distributed under > a separate Licensing Agreement. > > 5.3.4. COMPATIBILITY WITH THE GPL LICENSE > > In the event that the Modified or unmodified Software is included in a code > that is subject to the provisions of the GPL License, the Licensee is > authorized to redistribute the whole under the GPL License. > > In the event that the Modified Software includes a code that is subject to > the provisions of the GPL License, the Licensee is authorized to > redistribute the Modified Software under the GPL License. > > > Article 6 - INTELLECTUAL PROPERTY > ---------------------------------- > > > 6.1. OVER THE INITIAL SOFTWARE > > The Holder owns the economic rights over the Initial Software. Any or all > use of the Initial Software is subject to compliance with the terms and > conditions under which the Holder has elected to distribute its work and no > one shall be entitled to and it shall have sole entitlement to modify the > terms and conditions for the distribution of said Initial Software. > > The Holder undertakes to maintain the distribution of the Initial Software > under the conditions of the Agreement, for the duration set forth in > article 4.2.. > > 6.2. OVER THE CONTRIBUTIONS > > The intellectual property rights over the Contributions belong to the > holder of the economic rights as designated by effective legislation. > > 6.3. OVER THE DYNAMIC MODULES > > The Licensee having developed a Dynamic Module is the holder of the > intellectual property rights over said Dynamic Module and is free to choose > the agreement that shall govern its distribution. > > 6.4. JOINT PROVISIONS > > 6.4.1. The Licensee expressly undertakes: > - not to remove, or modify, in any or all manner, the intellectual > property notices affixed to the Software; > - to reproduce said notices, in an identical manner, in the copies of > the Software. > > 6.4.2. The Licensee undertakes not to directly or indirectly infringe the > intellectual property rights of the Holder and/or Contributors and to take, > where applicable, vis-à-vis its staff, any or all measures required to > ensure respect for said intellectual property rights of the Holder and/or > Contributors. > > > Article 7 - RELATED SERVICES > ----------------------------- > > > 7.1. Under no circumstances shall the Agreement oblige the Licensor to > provide technical assistance or maintenance services for the Software. > > However, the Licensor is entitled to offer this type of service. The > terms and conditions of such technical assistance, and/or such > maintenance, shall then be set forth in a separate instrument. Only the > Licensor offering said maintenance and/or technical assistance services > shall incur liability therefor. > > 7.2. Similarly, any or all Licensor shall be entitled to offer to its > Licensees, under its own responsibility, a warranty, that shall only be > binding upon itself, for the redistribution of the Software and/or the > Modified Software, under terms and conditions that it shall decide upon > itself. Said warranty, and the financial terms and conditions of its > application, shall be subject to a separate instrument executed between the > Licensor and the Licensee. > > > Article 8 - LIABILITY > ---------------------- > > > 8.1. Subject to the provisions of Article 8.2, should the Licensor fail to > fulfill all or part of its obligations hereunder, the Licensee shall be > entitled to claim compensation for the direct loss suffered as a result of > a fault on the part of the Licensor, subject to providing evidence of it. > > 8.2. The Licensor's liability is limited to the commitments made under this > Licensing Agreement and shall not be incurred as a result , in particular: > (i) of loss due the Licensee's total or partial failure to fulfill its > obligations, (ii) direct or consequential loss due to the Software's use or > performance that is suffered by the Licensee, when the latter is a > professional using said Software for professional purposes and (iii) > consequential loss due to the Software's use or performance. The Parties > expressly agree that any or all pecuniary or business loss (i.e. loss of > data, loss of profits, operating loss, loss of customers or orders, > opportunity cost, any disturbance to business activities) or any or all > legal proceedings instituted against the Licensee by a third party, shall > constitute consequential loss and shall not provide entitlement to any or > all compensation from the Licensor. > > > Article 9 - WARRANTY > --------------------- > > > 9.1. The Licensee acknowledges that the current situation as regards > scientific and technical know-how at the time when the Software was > distributed did not enable all possible uses to be tested and verified, nor > for the presence of any or all faults to be detected. In this respect, the > Licensee's attention has been drawn to the risks associated with loading, > using, modifying and/or developing and reproducing the Software that are > reserved for experienced users. > > The Licensee shall be responsible for verifying, by any or all means, the > product's suitability for its requirements, its due and proper functioning, > and for ensuring that it shall not cause damage to either persons or > property. > > 9.2. The Licensor hereby represents, in good faith, that it is entitled to > grant all the rights on the Software (including in particular the rights > set forth in Article 5 hereof over the Software). > > 9.3. The Licensee acknowledges that the Software is supplied "as is" by the > Licensor without any or all other express or tacit warranty, other than > that provided for in Article 9.2 and, in particular, without any or all > warranty as to its market value, its secured, innovative or relevant > nature. > > Specifically, the Licensor does not warrant that the Software is free from > any or all error, that it shall operate continuously, that it shall be > compatible with the Licensee's own equipment and its software > configuration, nor that it shall meet the Licensee's requirements. > > 9.4. The Licensor does not either expressly or tacitly warrant that the > Software does not infringe any or all third party intellectual right > relating to a patent, software or to any or all other property right. > Moreover, the Licensor shall not hold the Licensee harmless against any or > all proceedings for infringement that may be instituted in respect of the > use, modification and redistribution of the Software. Nevertheless, should > such proceedings be instituted against the Licensee, the Licensor shall > provide it with technical and legal assistance for its defense. Such > technical and legal assistance shall be decided upon on a case-by-case > basis between the relevant Licensor and the Licensee pursuant to a > memorandum of understanding. The Licensor disclaims any or all liability as > regards the Licensee's use of the Software's name. No warranty shall be > provided as regards the existence of prior rights over the name of the > Software and as regards the existence of a trademark. > > > Article 10 - TERMINATION > ------------------------- > > > 10.1. In the event of a breach by the Licensee of its obligations > hereunder, the Licensor may automatically terminate this Agreement thirty > (30) days after notice has been sent to the Licensee and has remained > ineffective. > > 10.2. The Licensee whose Agreement is terminated shall no longer be > authorized to use, modify or distribute the Software. However, any or all > licenses that it may have granted prior to termination of the Agreement > shall remain valid subject to their having been granted in compliance with > the terms and conditions hereof. > > > Article 11 - MISCELLANEOUS PROVISIONS > -------------------------------------- > > > 11.1. EXCUSABLE EVENTS > > Neither Party shall be liable for any or all delay, or failure to perform > the Agreement, that may be attributable to an event of force majeure, an > act of God or an outside cause, such as, notably, defective functioning, or > interruptions affecting the electricity or telecommunications networks, > blocking of the network following a virus attack, the intervention of the > government authorities, natural disasters, water damage, earthquakes, fire, > explosions, strikes and labor unrest, war, etc. > > 11.2. The fact that either Party may fail, on one or several occasions, to > invoke one or several of the provisions hereof, shall under no > circumstances be interpreted as being a waiver by the interested Party of > its entitlement to invoke said provision(s) subsequently. > > 11.3. The Agreement cancels and replaces any or all previous agreement, > whether written or oral, between the Parties and having the same purpose, > and constitutes the entirety of the agreement between said Parties > concerning said purpose. No supplement or modification to the terms and > conditions hereof shall be effective as regards the Parties unless it is > made in writing and signed by their duly authorized representatives. > > 11.4. In the event that one or several of the provisions hereof were to > conflict with a current or future applicable act or legislative text, said > act or legislative text shall take precedence, and the Parties shall make > the necessary amendments so as to be in compliance with said act or > legislative text. All the other provisions shall remain effective. > Similarly, the fact that a provision of the Agreement may be null and > void, for any reason whatsoever, shall not cause the Agreement as a whole > to be null and void. > > 11.5. LANGUAGE > > The Agreement is drafted in both French and English. In the event of a > conflict as regards construction, the French version shall be deemed > authentic. > > > Article 12 - NEW VERSIONS OF THE AGREEMENT > ------------------------------------------- > > > 12.1. Any or all person is authorized to duplicate and distribute copies of > this Agreement. > > 12.2. So as to ensure coherence, the wording of this Agreement is protected > and may only be modified by the authors of the License, that reserve the > right to periodically publish updates or new versions of the Agreement, > each with a separate number. These subsequent versions may address new > issues > encountered by Free Software. > > 12.3. Any or all Software distributed under a given version of the > Agreement may only be subsequently distributed under the same version of > the Agreement, or a subsequent version, subject to the provisions of > article 5.3.4. > > > Article 13 - GOVERNING LAW AND JURISDICTION > ------------------------------------------- > > > 13.1. The Agreement is governed by French law. The Parties agree to > endeavor to settle the disagreements or disputes that may arise during the > performance of the Agreement out-of-court. > > 13.2. In the absence of an out-of-court settlement within two (2) months as > from their occurrence, and unless emergency proceedings are necessary, the > disagreements or disputes shall be referred to the Paris Courts having > jurisdiction, by the first Party to take action. > > > Version 1.1 of 10/26/2004 > > -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.18 (GNU/Linux) Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/ iQIcBAEBAgAGBQJPOh24AAoJELFAT5FmjZuEKwAP/1cNyq/1SibocoW3afTKqLsp L7UyksKiBjeQd50D2AluHO4H8MoxiVCb2NIFXu4ilxqTs8L3aLsL39L5BY8KlU9R YHCK2n4oyhCGW/2TRskvwxnmfhvK6d0G6MRLPfj8ki9/yTBaDYdExcw8gYrtbhT9 s36vsmEdddaGhedHJCNG1yCmVgp3HH7Cev0wnn+epN18+FDENlLkVhb8uiwg5COf 8cHLzb9/aZgt5N86P28kIB9YF18+5n6g6T8cRmmsUh1dq17Bnd0HnzWM+2OMNq+r p3obAX8n8i2lBoK25wulfoGeEfc4vvv3kKJ3p6ImeV5M8AbrNRTgs1jLJB1FyCO8 lOwGXmylb+fVEmYPelPKbGZkN913BTE3v1AS/8K4IudGqkDlLXSmtNnxyQ+GQSEt 7/mCe61MIqa8iKwV7E2BsqGZd0yqUOY8ekF0XJddKgAhzRNSrDJgj6SlWY+NMkSy U2sw3FRylb4MeWZeUblXNshInaoEEAzVJD6CaMN2QrDyxjtNbR3Vkj9H8W0GHKFi Gu4BXADYJwixu+kg3Z4kgYFARJlZ2aHp420Xo/ns/aNL8WBASIruQbrezbIZXEQE pJJZdjSlAg2fJolGfqVEKkaSnqPxpRtJDKmtMoQLwyzVD2H8FT10OxX7YHxDmtAx crNtrY0r/GFafX/J5kuL =QbA7 -----END PGP SIGNATURE-----
