[jira] [Commented] (LEGAL-516) NVIDIA CUDA EULA, NVIDIA cuDNN SLA and ASF policies

["Leonard Lausen (Jira)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-516?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17102147#comment-17102147 ] 

Leonard Lausen commented on LEGAL-516:
--------------------------------------

Another question is about nvcc cuda compiler output. GCC has a special exception, clarifying that

bq. GCC may combine portions of certain GCC header files and runtime libraries with the compiled program. The purpose of this Exception is to allow compilation of non-GPL (including proprietary) programs to use, in this way, the header files and runtime libraries covered by this Exception.

https://gcc.gnu.org/onlinedocs/libstdc++/manual/license.html

I'm not aware of an analogous exception for nvcc, though I reached out to the Nvidia legal team to clarify on these issues.

> 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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