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Posted to legal-discuss@apache.org by "Sheng Zha (Jira)" <ji...@apache.org> on 2020/08/10 02:27:00 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=17172079#comment-17172079 ]
Sheng Zha edited comment on LEGAL-516 at 8/10/20, 2:26 AM:
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I’m not sure if the intermediate outputs are relevant since we are discussing this in the context of binary distribution, and in mxnet we are not distributing intermediate outputs.
Of course, I'm not a legal expert and this is just my opinion. If others feel otherwise, please state so. In this case, linking with interfaces in windows.h seem to be a bigger problem where the intermediate output contains the content from the header. Many Apache projects including httpd distribute windows binary so the legality of such releases would also likely need review.
was (Author: zhasheng):
I’m not sure if the intermediate outputs are relevant since we are discussing this in the context of binary distribution, and in mxnet we are not distributing intermediate outputs.
Of course, I'm not a legal expert and this is just my opinion. If others feel otherwise, please state so. In the case of linking with interfaces in windows.h seem to be a bigger problem where the intermediate output contains the content from the header. Many Apache projects including httpd distribute windows binary so the legality of such releases would also likely need review.
> 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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