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Posted to legal-discuss@apache.org by "Michael O'Connor (Jira)" <ji...@apache.org> on 2020/07/29 15:29:00 UTC
[jira] [Comment Edited] (LEGAL-516) NVIDIA CUDA EULA, NVIDIA cuDNN
SLA and ASF policies
[ https://issues.apache.org/jira/browse/LEGAL-516?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17167314#comment-17167314 ]
Michael O'Connor edited comment on LEGAL-516 at 7/29/20, 3:28 PM:
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Thanks for the pointer.
Roy T. Fielding writes in that post:
{quote}However, use of the SDK might also be limited via an EULA that might somehow restrict the person who runs the compiler. This is not the case for windows.
{quote}
I'm trying to get down to exactly what modifications are needed. I made a leap that the use of windows.h is governed by the [Microsoft Visual Studio Community EULA|https://visualstudio.microsoft.com/license-terms/mlt031819/]. This is similar to the [NVIDIA EULA|http://developer.download.nvidia.com/compute/cuda/2_3/sdk/docs/cudasdk_eula.pdf]. Which is why I asked about cuda_runtime.h as opposed to windows.h.
If the issue is solely around the use of the compiler, then that is what I will focus on getting a resolution and I can put the issue of the header files to rest. Is that accurate?
was (Author: moconnor725):
Thanks for the pointer.
Roy T. Fielding writes in that post:
{quote}However, use of the SDK might also be limited via an EULA that might somehow restrict the person who runs the compiler. This is not the case for windows.
{quote}
I'm trying to get down to exactly what modifications are needed. I made a leap that the use of windows.h is governed by the [Microsoft Visual Studio Community EULA|[https://visualstudio.microsoft.com/license-terms/mlt031819/]]. This is similar to the [NVIDIA EULA|[http://developer.download.nvidia.com/compute/cuda/2_3/sdk/docs/cudasdk_eula.pdf]]. Which is why I asked about cuda_runtime.h as opposed to windows.h.
If the issue is solely around the use of the compiler, then that is what I will focus on getting a resolution and I can put the issue of the header files to rest. Is that accurate?
> NVIDIA CUDA EULA, NVIDIA cuDNN SLA and ASF policies
> ---------------------------------------------------
>
> Key: LEGAL-516
> URL: https://issues.apache.org/jira/browse/LEGAL-516
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Leonard Lausen
> Priority: Major
>
> Related to https://issues.apache.org/jira/browse/LEGAL-515, I would like to clarify the legal status of binary artifacts created under inclusion of the {{cudnn.h}} header file which is subject to the [cuDNN SLA|https://docs.nvidia.com/deeplearning/sdk/cudnn-sla/index.html].
> Among others, the license grants the right to
> {quote}Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
> {quote}
> The {{cudnn.h}} header file is one of the files listed as distributable.
> I suspect that creating an compiled object where during the compilation {{cudnn.h}} was included amounts to "SDK [is] incorporated in object code format into a software application" and thus makes the resulting object file subject to the SLA.
> The license places limitations such as the prohibition to "reverse engineer [...] any portion of the SDK [...]".
> Due to the inclusion of the SDK into the object file, I suspect that the SLA "seizes control" of the resulting object file and it's prohibitions may apply.
> Please clarify if these assumptions are correct and this license thus is Category X? This is to have a sound foundation to place the further discussion in LEGAL-515 on.
> Thank you.
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