RFC: Ermapper ECW multi-licenses (long)

2006-09-21 Thread Francesco Paolo Lovergine
Background:

ECW is a prioprietary (patented) compressed image format quite used in 
GIS applications. Ermapper recently released its SDK under a multi-license 
here included.
It would be nice distributing under non-free at least some programs with
ecw support enabled (mainly gdal which is X/MIT licensed, other programs
could use gdal support to read/write ECW files, in some cases they are GPL).
Both free and public licenses are quite complicated...




The License:

EARTH RESOURCE MAPPING
ECW JPEG 2000 SDK LICENSE AGREEMENTS
There are three styles of ECW JPEG 2000 SDK license agreement.
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited 
Compression for applications licensed under a GNU General Public style license 
("GPL") is governed by the "ECW JPEG 2000 SDK PUBLIC USE LICENSE AGREEMENT".
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Limited 
Compressor (Less than 500MB) for use in any commercial or free application is 
governed by the "ECW JPEG 2000 SDK FREE USE LICENSE AGREEMENT." 
Use of the ECW JPEG 2000 SDK with Unlimited Decompressing and Unlimited 
Compressing for commercial applications is governed by the "ECW JPEG 2000 SDK 
COMMERCIAL USE LICENSE AGREEMENT". 
For use of the ECW JPEG 2000 SDK in applications that are outside of the terms 
of these agreements, including server-side applications, please contact Earth 
Resource Mapping Limited, 2 Abbotsford Rd, West Leederville, Western Australia 
6007.  Tel +61 8 9388 2900; Fax +61 8 9388 2901; email:  [EMAIL PROTECTED]





ECW JPEG 2000 SDK PUBLIC USE LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Earth Resource Mapping Limited ("ERM") End-User 
License Agreement ("EULA") is a legal agreement between you (either an 
individual or a single entity) and ERM for the ERM ECW JPEG 2000 SDK software 
product under this Public Use License Agreement, which includes computer 
software and may include associated media,  printed materials, and "online" or 
electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also 
includes any updates and supplements to the original SOFTWARE PRODUCT provided 
to you by ERM.  Any software provided along with the SOFTWARE PRODUCT that is 
associated with a separate end-user license agreement is licensed to you under 
the terms of that license agreement. By installing, copying, downloading, 
accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the 
terms of this EULA. If you do not agree to the terms of this EULA, do not 
install or use the SOFTWARE PRODUCT.
The intent of this license is to establish freedom to share and change the 
software regulated by this license under the open source model and is 
applicable to the use of the ECW JPEG 2000 SDK with Unlimited Decompressing and 
Unlimited Compression for applications licensed under a GNU General Public 
style license ("GPL") as set out below. 
This license applies to any use of the Software Product solely intended to 
develop or be distributed with products that are licensed under a license 
similar to a General Public License ("GPL") and at no charge to the public.  
This license covers modification and distribution of the Software, use of 
third-party application programs based on the Software, and development of free 
software that uses the Software. 
The Software Product is protected by patents, copyright laws and international 
copyright treaties, as well as other intellectual property laws and treaties. 
The Software Product is licensed, not sold. Rights to use patents, including 
ERM's large DWT and streaming imagery patents, are given only for use with the 
ECW JPEG 2000 SDK and not for other uses.
Granted Rights
1) GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive 
rights, provided you agree to and comply with any and all conditions in this 
license. Whole or partial distribution of the Software, or software items that 
link with the Software, in any form signifies acceptance of this license. 
a) You may copy and distribute the Software in unmodified form provided that 
the entire package, including - but not restricted to - copyright, trademark 
notices and disclaimers, as released by the initial developer of the Software, 
is distributed. 
b) You may make modifications to the Software and distribute your 
modifications, in a form that is separate from the Software, such as patches. 
The following restrictions apply to modifications: 
i) Modifications must not alter or remove any copyright notices in the 
Software. 
ii) When modifications to the Software are released under this license, a 
non-exclusive royalty-free right is granted to the initial developer of the 
Software to distribute your modification in future versions of the Software 
provided such versions remain available under these terms in addition to any 
other license(s) of the initial developer. 
iii) You are not permitted to change the ECW file format.
c) You may distribute machine-executable form

Re: selling web application access

2006-09-21 Thread Sean Kellogg
On Wednesday 20 September 2006 15:51, Ben Finney wrote:
> Ottavio Campana <[EMAIL PROTECTED]> writes:
> > Scenario: a software house develops a web application based on GPL
> > software. It doesn't sell the application to customers, it sells the
> > access to the application, which is installed, run and is maintained
> > on the software house's server.
>
> It's this situation (the "Application Service Provider loophole") that
> the Affero GPL was intended to cover, and the current draft of the GPL
> v3 now defines the term "propagate" that includes "making available to
> the public".
>
> http://gplv3.fsf.org/gpl-draft-2006-07-27.html>

While it is true that the GPLv3 is making the issue more clear, the impact 
remains the same.  The share-a-like provisions of GPLv3 only kick in when 
one "conveys" the software, which the GPLv3 nicely defines as "any kind of 
propagation that enables other parties to make or receive copies."  If all 
you're doing is selling access to a service (propagating) and in no way allow 
users to receive copies of the underlying code (conveying), the result is the 
same as under GPLv3.

-Sean

-- 
Sean Kellogg
e: [EMAIL PROTECTED]
w: http://blog.probonogeek.org/

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