meaning license statement

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meaning license statement

Gerber van der Graaf-3
I am building debian packages of FreeFOAM and come across the following
license statement in
./applications/utilities/postProcessing/graphics/ensightFoamReader/global_extern.h:
 *   Copyright 1998 Computational Engineering International, Inc.
 *   All Rights Reserved.
 *
 *        Restricted Rights Legend
 *
 *   Use, duplication, or disclosure of this
 *   software and its documentation by the
 *   Government is subject to restrictions as
 *   set forth in subdivision [(b)(3)(ii)] of
 *   the Rights in Technical Data and Computer
 *   Software clause at 52.227-7013.

Can anybody tell me what this statement means? Is it legal to copy it
and to include it in the package, or should it be removed?

Thanks,
Gerber


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Re: meaning license statement

Paul Wise via nm
On Mon, Jun 4, 2012 at 5:22 AM, Gerber van der Graaf wrote:

> I am building debian packages of FreeFOAM and come across the following
> license statement in
> ./applications/utilities/postProcessing/graphics/ensightFoamReader/global_extern.h:
>  *   Copyright 1998 Computational Engineering International, Inc.
>  *   All Rights Reserved.

This is the important bit, All Rights Reserved generally means
non-free, non-distributable. Please inform upstream and get them to
replace it.

>  *        Restricted Rights Legend
>  *
>  *   Use, duplication, or disclosure of this
>  *   software and its documentation by the
>  *   Government is subject to restrictions as
>  *   set forth in subdivision [(b)(3)(ii)] of
>  *   the Rights in Technical Data and Computer
>  *   Software clause at 52.227-7013.

Based on some Googling this second bit refers to the USA's Defense
Federal Acquisition Regulation Supplement (or DFARS) which is part of
the DoD's internal regulations. I guess it is just stating facts and
isn't that relevant.

> Can anybody tell me what this statement means? Is it legal to copy it
> and to include it in the package, or should it be removed?

See above, no, yes.

--
bye,
pabs

http://wiki.debian.org/PaulWise


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Re: meaning license statement

Martin Quinson
On Mon, Jun 04, 2012 at 09:19:29AM +0800, Paul Wise wrote:

> On Mon, Jun 4, 2012 at 5:22 AM, Gerber van der Graaf wrote:
>
> > I am building debian packages of FreeFOAM and come across the following
> > license statement in
> > ./applications/utilities/postProcessing/graphics/ensightFoamReader/global_extern.h:
> >  *   Copyright 1998 Computational Engineering International, Inc.
> >  *   All Rights Reserved.
>
> This is the important bit, All Rights Reserved generally means
> non-free, non-distributable. Please inform upstream and get them to
> replace it.

You're mixing author rights and licence. The above is not unfree, it's
just the legal bottom line.

Here is a content chunk of /usr/share/doc/gcc/copyright:
|
| Copyright (c) 1999 The NetBSD Foundation, Inc.
| All rights reserved.

As for the rest of the mail, I have no idea about this license
statement.

Bye, Mt.

--
Everything should be made as simple as possible but not simpler.
  -- Albert Einstein


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Re: meaning license statement

Bernhard R. Link-2
In reply to this post by Gerber van der Graaf-3
* Gerber van der Graaf <[hidden email]> [120603 23:18]:
> I am building debian packages of FreeFOAM and come across the following
> license statement in

It is no license statement but a copyright statement. To distribute it
you need a license statement. (And to distribute in Debian a free enough
license statement).

>  *   All Rights Reserved.

That's just magic words from the past. Practically everywhere they have
no meaning, since the time when even the US as one of the last countries
introduced automatically granted copyright.

>  *        Restricted Rights Legend
>  *
>  *   Use, duplication, or disclosure of this
>  *   software and its documentation by the
>  *   Government is subject to restrictions as
>  *   set forth in subdivision [(b)(3)(ii)] of
>  *   the Rights in Technical Data and Computer
>  *   Software clause at 52.227-7013.

I think that references some US government acquisition
guidelines. I've no idea which clause this numbers
are refering too, but I guess means something like
"Hey US government, I sold you a license to use this
stuff, not a license to sublicense to other people".

Anyway, reading this as plan English language, it says
"Use [...] by the Government is subject [...]".
It's "the" Government (with upper case G), so I'd say
it only means the US government.
So it has no meaning to anyone else and for the US
government it is about rules set by thatself, so this
should not not be a problem for Debian at all.

(But repeating myself: you still need a license for this
file. Nothing in there restricts you more than it is
restricted anyway AFAUI. But even for a file without
all this legaleese you need a license grant.)

> Can anybody tell me what this statement means? Is it legal to copy it
> and to include it in the package, or should it be removed?

What do you mean with "removed" exactly? The statement itself
is of course not to be removed from the file. For the file itself
you need a license grant, just like for any other file you want to
copy and distribute. Without that you cannot.

        Bernhard R. Link


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Re: meaning license statement

Gerber van der Graaf-3
On Mon, 2012-06-04 at 11:05 +0200, Bernhard R. Link wrote:

> * Gerber van der Graaf <[hidden email]> [120603 23:18]:
> > I am building debian packages of FreeFOAM and come across the following
> > license statement in
>
> It is no license statement but a copyright statement. To distribute it
> you need a license statement. (And to distribute in Debian a free enough
> license statement).
>
> >  *   All Rights Reserved.
>
> That's just magic words from the past. Practically everywhere they have
> no meaning, since the time when even the US as one of the last countries
> introduced automatically granted copyright.
>
> >  *        Restricted Rights Legend
> >  *
> >  *   Use, duplication, or disclosure of this
> >  *   software and its documentation by the
> >  *   Government is subject to restrictions as
> >  *   set forth in subdivision [(b)(3)(ii)] of
> >  *   the Rights in Technical Data and Computer
> >  *   Software clause at 52.227-7013.
>
> I think that references some US government acquisition
> guidelines. I've no idea which clause this numbers
> are refering too, but I guess means something like
> "Hey US government, I sold you a license to use this
> stuff, not a license to sublicense to other people".
>
> Anyway, reading this as plan English language, it says
> "Use [...] by the Government is subject [...]".
> It's "the" Government (with upper case G), so I'd say
> it only means the US government.
> So it has no meaning to anyone else and for the US
> government it is about rules set by thatself, so this
> should not not be a problem for Debian at all.
>
> (But repeating myself: you still need a license for this
> file. Nothing in there restricts you more than it is
> restricted anyway AFAUI. But even for a file without
> all this legaleese you need a license grant.)
>
> > Can anybody tell me what this statement means? Is it legal to copy it
> > and to include it in the package, or should it be removed?
>
> What do you mean with "removed" exactly? The statement itself
> is of course not to be removed from the file. For the file itself
> you need a license grant, just like for any other file you want to
> copy and distribute. Without that you cannot.
I mean to remove the entire file, not the statement from the file. This
will probably imply that an entire program will have to be removed as it
cannot be build without this file.

Gerber

>
>         Bernhard R. Link



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Re: meaning license statement

Tanguy Ortolo-5
In reply to this post by Bernhard R. Link-2
Bernhard R. Link, 2012-06-04 11:05+0200 (gmane.linux.debian.devel.legal):
> Anyway, reading this as plan English language, it says
> "Use [...] by the Government is subject [...]".
> It's "the" Government (with upper case G), so I'd say
> it only means the US government.
> So it has no meaning to anyone else and for the US
> government it is about rules set by thatself, so this
> should not not be a problem for Debian at all.

Is that so? Does that not discriminate against one group, the US
government?

I do not know what this documents says, but imagine something like that:
>> This program is is free software: you can redistribute it and/or
>> modify it under the terms of the GNU General Public License.
>>
>> If you are a member of the US Army, the following restriction applies
>> in addition to the GPL: you must not use this program for a weapon
>> system.

That would be completley non-free, would it no?

--
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: /` )   Tanguy Ortolo <xmpp:[hidden email]> <irc://irc.oftc.net/Tanguy>
| `-'    Debian Developer
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Re: meaning license statement

Paul Wise via nm
On Tue, Jun 5, 2012 at 5:29 PM, Tanguy Ortolo wrote:

> Is that so? Does that not discriminate against one group, the US
> government?

It is just stating that the USA government acquisition regulations
apply to government use/etc of the work. It has about the same effect
as the statement "copyright law exists and the government says you
have to obey it".

--
bye,
pabs

http://wiki.debian.org/PaulWise


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Re: meaning license statement

Bernhard R. Link-2
In reply to this post by Tanguy Ortolo-5
* Tanguy Ortolo <[hidden email]> [120605 11:30]:
> I do not know what this documents says, but imagine something like that:
> >> This program is is free software: you can redistribute it and/or
> >> modify it under the terms of the GNU General Public License.
> >>
> >> If you are a member of the US Army, the following restriction applies
> >> in addition to the GPL: you must not use this program for a weapon
> >> system.
>
> That would be completley non-free, would it no?

If the file would add this restriction directly, it would not be
DFSG-free. But if the file would say:

| This program is is free software: you can redistribute it and/or
| modify it under the terms of the GNU General Public License.
|
| According to rule/order/law/whatever XYZ of [body being able to
| make rules for the US Army] member of the US Army are not allowed
| to use this software for [...].

then I would not see any problem.

Thus:

> Bernhard R. Link, 2012-06-04 11:05+0200 (gmane.linux.debian.devel.legal):
> > So it has no meaning to anyone else and for the US
> > government it is about rules set by thatself, so this
> > should not not be a problem for Debian at all.

        Bernhard R. Link


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