Ldap.jar license

[Jon Stevens <jo...@latchkey.com>]

-1

I do not agree to this license for inclusion of ldap.jar in Tomcat 4.0
final.

 124 -rw-rw-r--   1 jon      wheel      123717 Sep 17 19:36 ldap.jar

This is a similar license to the old Servlet API 2.0 license and I never
agreed to that one for inclusion in Jserv on pretty much the same issues.

There is no way in hell that I'm going agree to put the ASF (or myself) in a
position to take responsibility for any legal claims that come up as a
result of use of this .jar file. Carefully read supplemental section #2 (v).

There are several other Sun .jar files which are being distributed with
Tomcat 4. I'm not sure what their licenses are for all of them, but this
needs to be resolved.

I think we should pull Tomcat 4 final off of the server ASAP.

thanks,

-jon

Sun Microsystems, Inc. Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.  BY
OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
OF THIS AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF
THIS AGREEMENT.

1.  LICENSE TO USE.  Sun grants you a non-exclusive and
non-transferable license for the internal use only of the
accompanying software and documentation and any error
corrections provided by Sun (collectively "Software"), by
the number of users and the class of computer hardware for
which the corresponding fee has been paid.

2.  RESTRICTIONS.  Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun and/or its
licensors.  Except as specifically authorized in any
Supplemental License Terms, you may not make copies of
Software, other than a single copy of Software for archival
purposes.  Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse engineer
Software.  You acknowledge that Software is not designed,
licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility.  Sun
disclaims any express or implied warranty of fitness for
such uses.  No right, title or interest in or to any
trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Agreement.

3. LIMITED WARRANTY.  Sun warrants to you that for a period
of ninety (90) days from the date of purchase, as evidenced
by a copy of the receipt, the media on which Software is
furnished (if any) will be free of defects in materials and
workmanship under normal use.  Except for the foregoing,
Software is provided "AS IS".  Your exclusive remedy and
Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee
paid for Software.

4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED
BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  In no event will Sun's liability to you, whether
in contract, tort (including negligence), or otherwise,
exceed the amount paid by you for Software under this
Agreement.  The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose.

6.  Termination.  This Agreement is effective until
terminated.  You may terminate this Agreement at any time
by destroying all copies of Software.  This Agreement will
terminate immediately without notice from Sun if you fail
to comply with any provision of this Agreement.  Upon
Termination, you must destroy all copies of Software.

7. Export Regulations. All Software and technical data
delivered under this Agreement are subject to US export
control laws and may be subject to export or import
regulations in other countries.  You agree to comply
strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to
export, re-export, or import as may be required after
delivery to you.

8.  U.S. Government Restricted Rights.  If Software is
being acquired by or on behalf of the U.S. Government or by
a U.S. Government prime contractor or subcontractor (at any
tier), then the Government's rights in Software and
accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).

9.  Governing Law.  Any action related to this Agreement
will be governed by California law and controlling U.S.
federal law.  No choice of law rules of any jurisdiction
will apply.

10.  Severability. If any provision of this Agreement is
held to be unenforceable, this Agreement will remain in
effect with the provision omitted, unless omission would
frustrate the intent of the parties, in which case this
Agreement will immediately terminate.

11.  Integration.  This Agreement is the entire agreement
between you and Sun relating to its subject matter.  It
supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties
and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication
between the parties relating to its subject matter during
the term of this Agreement.  No modification of this
Agreement will be binding, unless in writing and signed by
an authorized representative of each party.

SUPPLEMENTAL LICENSE TERMS

For Java Naming and Directory Interface (TM) (JNDI),
Version 1.2.1 and any of the following: LDAP service
provider version 1.2.3, NIS service provider version 1.2.1,
RMI Registry service provider version 1.2.1, FS Context
service provider version 1.2 beta 3 release, COS Naming
service provider version 1.2.1, or Demo

These supplemental license terms ("Supplemental Terms") add
to or modify the terms of the Binary Code License Agreement
(collectively, the "Agreement").  Capitalized terms not
defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Agreement. These
Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Agreement, or in any license
contained within the Software.

1. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement,
including, but not limited to Section 3 (Java(TM)
Technology Restrictions) of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the
binary form of the Software for the sole purpose of
designing, developing and testing your Java applets and
applications ("Programs").

2. License to Distribute Software.  In addition to the
license granted in Section 1 (Software Internal Use and
Development License Grant) of these Supplemental Terms,
subject to the terms and conditions of this Agreement,
including but not limited to Section 3 (Java Technology
Restrictions), Sun grants you a non-exclusive,
non-transferable, limited license to reproduce and
distribute the Software in binary form only, provided that
you (i) distribute the Software complete and unmodified and
only bundled as part of your Programs, (ii) do not
distribute additional software intended to replace any
component(s) of the Software, (iii) do not remove or alter
any proprietary legends or notices contained in the
Software, (iv) only distribute the Software subject to a
license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (v) agree
to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third
party that arises or results from the use or distribution
of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the
Java Platform Interface ("JPI", identified as classes
contained within the "java" package or any subpackages of
the "java" package), by creating additional classes within
the JPI or otherwise causing the addition to or
modification of the classes in the JPI.  In the event that
you create an additional class and associated API(s) which
(i) extends the functionality of the Java Platform, and
(ii) is exposed to third party software developers for the
purpose of developing additional software which invokes
such additional API, you must promptly publish broadly an
accurate specification for such API for free use by all
developers. You may not create, or authorize your licensees
to create additional classes, interfaces, or subpackages
that are in any way identified as "java", "javax", "sun" or
similar convention as specified by Sun in any naming
convention designation.

4. Trademarks and Logos. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks
and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL and iPLANET-related trademarks, service marks,
logos and other brand designations ("Sun Marks"), and you
agree to comply with the Sun Trademark and Logo Usage
Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of
the Sun Marks inures to Sun's benefit.

5. Source Code. Software may contain source code that is
provided solely for reference purposes pursuant to the
terms of this Agreement.  Source code may not be
redistributed unless expressly provided for in this
Agreement.

6. Termination for Infringement. Either party may terminate
this Agreement immediately should any Software become, or
in either party's opinion be likely to become, the subject
of a claim of infringement of any intellectual property
right.

For inquiries please contact: Sun Microsystems, Inc.  901
San Antonio Road, Palo Alto, California 94303

            

Re: Ldap.jar license

[Jon Stevens <jo...@latchkey.com>]

I love your flaming reaction Craig. You are trying to justify two wrongs
making a right or something.

on 9/18/01 9:09 AM, "Craig R. McClanahan" <Cr...@sun.com> wrote:

> Coming from someone who bragged (at his ApacheCon London session on Turbine)
> about not caring about violating license agreements in what he shipped -- and
> who apparently practices what he preaches -- this is a pretty ridiculous
> attitude.

I never said projects I work on is perfect with regards to licenses. I also
never said that I don't 'care'. If I didn't care, then I wouldn't have
started the Velocity project or be a constant force pushing BSD'ish
licenses.

What I do say is that we are not perfect. Neither is Tomcat and that is why
I'm pointing it out.

Needless to say, you still didn't cover the Tyrex license requirements
either and I think that Sam has good points about the dependency on Tyrex's
REMOVED code.

-jon

Re: Ldap.jar license

["Craig R. McClanahan" <Cr...@sun.com>]

Jon Stevens wrote:

> -1
>
> I do not agree to this license for inclusion of ldap.jar in Tomcat 4.0
> final.
>
>  124 -rw-rw-r--   1 jon      wheel      123717 Sep 17 19:36 ldap.jar
>
> This is a similar license to the old Servlet API 2.0 license and I never
> agreed to that one for inclusion in Jserv on pretty much the same issues.
>
> There is no way in hell that I'm going agree to put the ASF (or myself) in a
> position to take responsibility for any legal claims that come up as a
> result of use of this .jar file. Carefully read supplemental section #2 (v).
>

Download tdk-2.1.tar.gz, unpack it, and search for JAR files -- you'll find some
interesting ones:
  activation-1.0.1.jar
  jndi-1.2.1.jar (which has an identical license to ldap.jar)
  jdbc2_0-stdext.jar
  jta1.0.1.jar
  mail-1.2.jar


>
> There are several other Sun .jar files which are being distributed with
> Tomcat 4. I'm not sure what their licenses are for all of them, but this
> needs to be resolved.
>

All of the Java Software jar files included in the release have essentially the
same permission to redistribute binary JAR files (activation.jar, crimson.jar,
jaxp.jar, jdbc2_0-stdext.jar, jndi.jar, jta-spec1_0_1.jar, ldap.jar, mail.jar).
They are also available without preregistration via
<http://java.sun.com/products/>.

There is a compile-time dependency on JMX, but it is not included in the runtime
(it's only required if you want to integrate Tomcat into a management scheme via
JMX MBeans, the way that JBoss does).  Download is behind a stupid registration
system (a matter of internal Sun discussion, but that's not relevant here).

I note in particular that Tomcat, along with *many* other Apache projects, have
been shipping JAXP binary JAR files (and even including them in their CVS
repositories) for a couple of years, in spite of the fact that the license terms
are identical.

>
> I think we should pull Tomcat 4 final off of the server ASAP.
>

Coming from someone who bragged (at his ApacheCon London session on Turbine)
about not caring about violating license agreements in what he shipped -- and
who apparently practices what he preaches -- this is a pretty ridiculous
attitude.

>
> thanks,
>
> -jon
>

Craig

Re: Ldap.jar license

["Craig R. McClanahan" <cr...@apache.org>]

On Mon, 17 Sep 2001, Jon Stevens wrote:

> Date: Mon, 17 Sep 2001 23:51:06 -0700
> From: Jon Stevens <jo...@latchkey.com>
> Reply-To: tomcat-dev@jakarta.apache.org
> To: tomcat-dev <to...@jakarta.apache.org>
> Cc: JCP Apache <jc...@apache.org>, Brian Behlendorf <br...@collab.net>,
>      Roy T. Fielding <fi...@ebuilt.com>
> Subject: Ldap.jar license
>
> -1
>
> I do not agree to this license for inclusion of ldap.jar in Tomcat 4.0
> final.
>
>  124 -rw-rw-r--   1 jon      wheel      123717 Sep 17 19:36 ldap.jar
>
> This is a similar license to the old Servlet API 2.0 license and I never
> agreed to that one for inclusion in Jserv on pretty much the same issues.
>
> There is no way in hell that I'm going agree to put the ASF (or myself) in a
> position to take responsibility for any legal claims that come up as a
> result of use of this .jar file. Carefully read supplemental section #2 (v).
>
> There are several other Sun .jar files which are being distributed with
> Tomcat 4. I'm not sure what their licenses are for all of them, but this
> needs to be resolved.
>
> I think we should pull Tomcat 4 final off of the server ASAP.
>

Interestingly, Turbine's tdk-2.1 binary release has *exactly* the same set
of Java Software JAR files in it ...

> thanks,
>
> -jon
>

Craig

Re: Ldap.jar license

[Jon Stevens <jo...@latchkey.com>]

on 9/18/01 2:31 AM, "Brian Behlendorf" <br...@apache.org> wrote:

> On Mon, 17 Sep 2001, Jon Stevens wrote:
>> There is no way in hell that I'm going agree to put the ASF (or myself) in a
>> position to take responsibility for any legal claims that come up as a
>> result of use of this .jar file. Carefully read supplemental section #2 (v).
> 
> Commenting here without sufficient context, so apologies if I
> misunderstand the situation...
> 
> If this code was committed to Apache CVS by Sun employees, then it was
> done so by the terms of their contributor agreements with Apache, which
> states that all contributed IP becomes property of the ASF, to be
> published under the Apache license.

It is more than just code. It is distribution of binary .jar files which
were made available ONLY via a registration process on Sun's website.

> While we do allow software with different licenses in Apache codebases
> (such as Henry Spencer's regex package in httpd 1.3) those licenses must
> be a rough subset of the Apache license, so that the aggregate license on
> the whole must still be the Apache license.

This is *definitely* not the case with the software that is distributed in
the Tomcat 4.0 Final. There are at least 8 .jar files which are 100% owned
by Sun and under Sun licenses.

> As per our agreement with Sun related to the right to implement the
> servlet API, we do have the right to distribute specific Sun code as a
> convenience to end-users, such as javac.

We do? I thought that javac was a problem and that we couldn't distribute
it.

> We have the right to distribute
> that bytecode under the Apache license, despite not having the actual
> source.  That code must be clearly marked as not ASF IP.  There is no
> existing agreement covering other jar files.

There is no markings saying that any of the .jar files which have been
distributed with Tomcat 4.0 Final are covered under any license other than
the ASF license. There are links to download the software off of the Sun
website, but there is no mention of licenses.

> It is important that when someone downloads the code from apache.org, they
> don't have to go searching through the source code trying to determine
> what license the code is *actually* under.  They have to trust that when
> the top-level COPYRIGHT file (or equivalent) gives them the Apache
> license, that's the license the whole package is actually under.

I would say that is definitely not the case with the Tomcat 4.0 Final
distribution.

thanks,

-jon

Re: Ldap.jar license

[Brian Behlendorf <br...@apache.org>]

On Mon, 17 Sep 2001, Jon Stevens wrote:
> There is no way in hell that I'm going agree to put the ASF (or myself) in a
> position to take responsibility for any legal claims that come up as a
> result of use of this .jar file. Carefully read supplemental section #2 (v).

Commenting here without sufficient context, so apologies if I
misunderstand the situation...

If this code was committed to Apache CVS by Sun employees, then it was
done so by the terms of their contributor agreements with Apache, which
states that all contributed IP becomes property of the ASF, to be
published under the Apache license.

While we do allow software with different licenses in Apache codebases
(such as Henry Spencer's regex package in httpd 1.3) those licenses must
be a rough subset of the Apache license, so that the aggregate license on
the whole must still be the Apache license.

As per our agreement with Sun related to the right to implement the
servlet API, we do have the right to distribute specific Sun code as a
convenience to end-users, such as javac.  We have the right to distribute
that bytecode under the Apache license, despite not having the actual
source.  That code must be clearly marked as not ASF IP.  There is no
existing agreement covering other jar files.

It is important that when someone downloads the code from apache.org, they
don't have to go searching through the source code trying to determine
what license the code is *actually* under.  They have to trust that when
the top-level COPYRIGHT file (or equivalent) gives them the Apache
license, that's the license the whole package is actually under.

	Brian