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Posted to legal-discuss@apache.org by "Dennis E. Hamilton (Commented) (JIRA)" <ji...@apache.org> on 2011/12/01 20:12:40 UTC

[jira] [Commented] (LEGAL-113) usage of Oracle Berkeley DB library in Apache OpenOffice.org (inbubating)?

    [ https://issues.apache.org/jira/browse/LEGAL-113?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13161050#comment-13161050 ] 

Dennis E. Hamilton commented on LEGAL-113:
------------------------------------------

Hi Oliver,

I think the sticky point is the Oracle license use of this clause:

 * 3. Redistributions in any form must be accompanied by information on 
 * how to obtain complete source code for the DB software and any 
 * accompanying software that uses the DB software. The source code 
 * must either be included in the distribution or be available for no 
 * more than the cost of distribution plus a nominal fee, and must be 
 * freely redistributable under reasonable conditions. For an 
 * executable file, complete source code means the source code for all 
 * modules it contains. It does not include source code for modules or 
 * files that typically accompany the major components of the operating 
 * system on which the executable file runs. 


                
> usage of Oracle Berkeley DB library in Apache OpenOffice.org (inbubating)?
> --------------------------------------------------------------------------
>
>                 Key: LEGAL-113
>                 URL: https://issues.apache.org/jira/browse/LEGAL-113
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Oliver-Rainer Wittmann
>
> I want to ask, if we can use the Oracle Berkeley DB library in our project.
> It is licensed under the Open Source License for Oracle Berkeley DB - found at http://www.oracle.com/technetwork/database/berkeleydb/downloads/oslicense-093458.html
> We are currently using an previous released version of Oracle Berkeley DB - namely 4.7.25. But the corresponding source tarball of this version contains a license file this the same text. Here it is:
> <license text from version 4.7.25>
> /*-
>  * $Id: LICENSE,v 12.9 2008/02/07 17:12:17 mark Exp $
>  */
> The following is the license that applies to this copy of the Berkeley DB
> software.  For a license to use the Berkeley DB software under conditions
> other than those described here, or to purchase support for this software,
> please contact Oracle at berkeleydb-info_us@oracle.com.
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
> /*
>  * Copyright (c) 1990,2008 Oracle.  All rights reserved.
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in the
>  *    documentation and/or other materials provided with the distribution.
>  * 3. Redistributions in any form must be accompanied by information on
>  *    how to obtain complete source code for the DB software and any
>  *    accompanying software that uses the DB software.  The source code
>  *    must either be included in the distribution or be available for no
>  *    more than the cost of distribution plus a nominal fee, and must be
>  *    freely redistributable under reasonable conditions.  For an
>  *    executable file, complete source code means the source code for all
>  *    modules it contains.  It does not include source code for modules or
>  *    files that typically accompany the major components of the operating
>  *    system on which the executable file runs.
>  *
>  * THIS SOFTWARE IS PROVIDED BY ORACLE ``AS IS'' AND ANY EXPRESS OR
>  * IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
>  * WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
>  * NON-INFRINGEMENT, ARE DISCLAIMED.  IN NO EVENT SHALL ORACLE BE LIABLE
>  * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
>  * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
>  * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
>  * BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
>  * WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
>  * OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
>  * IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
>  */
> /*
>  * Copyright (c) 1990, 1993, 1994, 1995
>  *	The Regents of the University of California.  All rights reserved.
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in the
>  *    documentation and/or other materials provided with the distribution.
>  * 3. Neither the name of the University nor the names of its contributors
>  *    may be used to endorse or promote products derived from this software
>  *    without specific prior written permission.
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
>  * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
>  * ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
>  * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
>  * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
>  * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
>  * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
>  * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
>  * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
>  * SUCH DAMAGE.
>  */
> /*
>  * Copyright (c) 1995, 1996
>  *	The President and Fellows of Harvard University.  All rights reserved.
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in the
>  *    documentation and/or other materials provided with the distribution.
>  * 3. Neither the name of the University nor the names of its contributors
>  *    may be used to endorse or promote products derived from this software
>  *    without specific prior written permission.
>  *
>  * THIS SOFTWARE IS PROVIDED BY HARVARD AND ITS CONTRIBUTORS ``AS IS'' AND
>  * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
>  * ARE DISCLAIMED.  IN NO EVENT SHALL HARVARD OR ITS CONTRIBUTORS BE LIABLE
>  * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
>  * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
>  * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
>  * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
>  * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
>  * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
>  * SUCH DAMAGE.
>  */
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
> /***
>  * ASM: a very small and fast Java bytecode manipulation framework
>  * Copyright (c) 2000-2005 INRIA, France Telecom
>  * All rights reserved.
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in the
>  *    documentation and/or other materials provided with the distribution.
>  * 3. Neither the name of the copyright holders nor the names of its
>  *    contributors may be used to endorse or promote products derived from
>  *    this software without specific prior written permission.
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
>  * AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
>  * ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
>  * LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
>  * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
>  * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
>  * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
>  * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
>  * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
>  * THE POSSIBILITY OF SUCH DAMAGE.
>  */
> </license text from version 4.7.25>
> From my point of view it can be used in an Apache project, but as this license is not mentioned at http://www.apache.org/legal/resolved.html I am asking for clarification here.
> I am proposing to accept this license as category A and include it at http://www.apache.org/legal/resolved.html
> Thanks in advance

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