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Posted to legal-discuss@apache.org by "Roman Shaposhnik (Jira)" <ji...@apache.org> on 2020/12/28 04:18:01 UTC
[jira] [Closed] (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:all-tabpanel ]
Roman Shaposhnik closed LEGAL-516.
----------------------------------
Resolution: Fixed
Based on [~fielding] last comment – I'm closing this now
> 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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