I'm not sure of the relevance of this to an ASF repository, but.... "Tim Anderson" <[EMAIL PROTECTED]> wrote on 21/11/2003 10:53:47 AM:
> Can you clarify the licensing issues further? I'm having trouble > seeing what the problems are. > > Suppose ASF has the following link in the repository: > http://repo.apache.org/sun/jndi/1.2.1/jars/jndi-1.2.1.jar > > This is a virtual artifact, not hosted at ASF. > > Via http redirection and magic, a download tool: > A. pops up a browser, requiring the user to accept Sun's license > B. downloads the corresponding jndi-1_2_1.zip distribution > if and only if the user *manually* accepts the license > C. caches the distribution locally > D. extracts jndi.jar from the distribution for local use > > Taking the Sun license points one at a time: > . "(i): you distribute the Software complete and unmodified and only > bundled as part of, and for the sole purpose of running, your Java > applets or applications ("Programs")" > > I don't see a violation here. The repository is not distributing > JNDI - its facilitating its download. > The download tool is not distributing JNDI - its facilitating > its use by an application. IANAL, but the download tool is distributing the binary version of the code. [snip] > . "(v) you only distribute the Software subject to a license > agreement that protects Sun's interests consistent with the terms > contained in this Agreement, and" > > Again, the onus is on the end user to satisfy this part of the license. This depends on how someone defines 'distribute'. > . "(vi) you 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." > > The ASF has not distributed the software, so it can't be liable. If the download tool has distributed the software, and it's ASF's download tool.... > If this has been discussed elsewhere, could you post a link? Maybe Jason can provide a link to the board discussion asking us to stop doing the distribution. -- dIon Gillard, Multitask Consulting Blog: http://blogs.codehaus.org/people/dion/
