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Posted to legal-discuss@apache.org by Szymon Janc <ja...@apache.org> on 2020/03/24 13:40:51 UTC
license compatibility
Hi,
Can code with following license be included in ASF software?
It is BSD but has additional note at the end.
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are met:
*
* Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 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.
*
* Neither the name of the copyright holder nor the names of the
* 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 COPYRIGHT HOLDER
* 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
*
* The information provided is believed to be accurate and reliable.
* The copyright holder assumes no responsibility
* for the consequences of use
* of such information nor for any infringement of patents or
* other rights of third parties which may result from its use.
* No license is granted by implication or otherwise under any patent or
* patent rights of the copyright holder.
--
pozdrawiam
Szymon Janc
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Re: license compatibility
Posted by Justin Mclean <ju...@me.com.INVALID>.
Hi,
Thanks for confining what I thought and why I asked it to be brought up here. The project been in contact with owners and they have dropped the extra clauses.
Thanks,
Justin
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Re: license compatibility
Posted by Hen <ba...@apache.org>.
This text is similar to the 'BSD Clear' license which (
https://choosealicense.com/licenses/bsd-3-clause-clear/) states "NO EXPRESS
OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY THIS
LICENSE. ".
Repeating the text from below that is being flagged:
* The information provided is believed to be accurate and reliable.
* The copyright holder assumes no responsibility
* for the consequences of use
* of such information nor for any infringement of patents or
* other rights of third parties which may result from its use.
* No license is granted by implication or otherwise under any patent or
* patent rights of the copyright holder.
My first instinct is that this, and the "Clear" above should both be
treated as Category X as they both explicitly are withholding a patent
license from being given to users of their software. I feel we have to
assume that an explicit statement like this means that the copyright holder
has patents with clauses related to the licensed software, and that their
focus on this topic indicates they wish to retain the option to charge for
licensing.
Do others have thoughts on the topic?
Hen
On Tue, Mar 24, 2020 at 6:40 AM Szymon Janc <ja...@apache.org> wrote:
> Hi,
>
> Can code with following license be included in ASF software?
> It is BSD but has additional note at the end.
>
>
> * Redistribution and use in source and binary forms, with or without
> * modification, are permitted provided that the following conditions are
> met:
> *
> * Redistributions of source code must retain the above copyright
> * notice, this list of conditions and the following disclaimer.
> *
> * 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.
> *
> * Neither the name of the copyright holder nor the names of the
> * 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 COPYRIGHT HOLDER
> * 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
> *
> * The information provided is believed to be accurate and reliable.
> * The copyright holder assumes no responsibility
> * for the consequences of use
> * of such information nor for any infringement of patents or
> * other rights of third parties which may result from its use.
> * No license is granted by implication or otherwise under any patent or
> * patent rights of the copyright holder.
>
>
> --
> pozdrawiam
> Szymon Janc
>
>
>
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