Hi there,

Here is the answer from Nuno Brito, from the FSF:
On 29/11/2013 22:18, Nuno Brito via RT wrote:
> Hi Pierre,
>
> I can't speak for the FSF but personally I am a fan of ReactOS since
> some 7 years now and been following (to some point) your progress and
> hardships. You guys do a great work.
>
> In regards to the MS-LPL, there is point 3.F of the license to consider:
>> (F) Platform Limitation - The licenses granted in sections 2(A) and
> 2(B) extend only >to the software or derivative works that you create
> that run directly on a Microsoft >Windows operating system product,
> Microsoft run-time technology (such as the .NET >Framework or
> Silverlight), or Microsoft application platform (such as Microsoft
>> Office or Microsoft Dynamics).
> Since ReactOS is not mentioned as a valid platform on this article, your
> rights to the code should be interpreted without the "Grant of Rights"
> section:
>
>> 2. Grant of Rights
>> (A) Copyright Grant - Subject to the terms of this license, including
> the license >conditions and limitations in section 3, each contributor
> grants you a non-exclusive, >worldwide, royalty-free copyright license
> to reproduce its contribution, prepare >derivative works of its
> contribution, and distribute its contribution or any >derivative works
> that you create.
>> (B) Patent Grant - Subject to the terms of this license, including the
> license >conditions and limitations in section 3, each contributor
> grants you a non-exclusive, >worldwide, royalty-free license under its
> licensed patents to make, have made, use, >sell, offer for sale, import,
> and/or otherwise dispose of its contribution in the >software or
> derivative works of the contribution in the software.
>
> So, I would say that point F in section 3 removes your rights (as
> provided by Microsoft) to the source code under the MS-LPL. 
>
> One possible route is contacting the IP department at Microsoft and
> negotiate an agreement that basically allows ReactOS to proceed with
> this goal using an explicit permission from Microsoft. This is not an
> easy approach, even if the company is willing to negotiate (at no cost
> since ReactOS is a non-profit organization), I can imagine that you will
> need to analyze the contract terms quite thoroughly to ensure it is a
> fair agreement (and compatible with the FOSS licensing model).
>
> You should find an email contact point at
> http://www.microsoft.com/en-us/legal/IntellectualProperty/IPLicensing/Policy.aspx
>
> Hope this helps.
>
> With kind regards,
> Nuno Brito
>
>

So, it sounds like we cannot include any MS-LPL code in our trunk
without any prior legal work.

Regards,
Pierre

On 29/11/2013 20:35, Pierre Schweitzer wrote:
> The April couldn't give a precise answer. I've moved to the FSF and
> opened a ticket there.
>
> I will keep you informed.
>
> On 29/11/2013 20:31, Aleksey Bragin wrote:
>> To give you my position:
>> 1. Current FAT driver in ReactOS needs to die away. I am testing all
>> my new code with the MS's FASTFAT driver.
>> 2. Lawyers advice is needed whether we can distribute it.
>>
>> Regards,
>> Aleksey Bragin
>>
>> On 29.11.2013 21:55, Hermès BÉLUSCA - MAÏTO wrote:
>>> Nice idea Pierre!
>>>
>>> About this license we're talking about: yes I understand as
>>> Aleksander: that
>>> you can only use fastfat or derived works from it, on an (authentic)
>>> Windows
>>> OS (just my 2 cents, I'm not a lawyer too).
>>>
>>> Hermès.
>>>
>>> -----Message d'origine-----
>>> De : ros-dev-boun...@reactos.org [mailto:ros-dev-boun...@reactos.org]
>>> De la
>>> part de Pierre Schweitzer
>>> Envoyé : vendredi 29 novembre 2013 18:24
>>> À : ros-dev@reactos.org
>>> Objet : Re: [ros-dev] [ros-diffs] [ekohl] 61145: [FASTFAT]
>>> FsdGetFsVolumeInformation: Return volume creation time.
>>>
>>> Hi all,
>>>
>>> Let's the experts do.
>>>
>>> I've contacted the April (French association which mission is to
>>> promote and
>>> defend FOSS). They can answer about licensing issues (they propose it
>>> through their contact form).
>>>
>>> I'll keep you informed with their answers, highlights, and so on.
>>>
>>> Regards,
>>>
>>> On 11/29/2013 06:05 PM, Alexander Andrejevic wrote:
>>>> I suppose it depends on how you interpret it.
>>>> To me, "...extend only to the software or derivative works that you
>>>> create that run on a Microsoft Windows operating system product"
>>>> sounds like the program must run on Windows exclusively. It's not "...
>>>> that you create to run ...", but "... that you create that run ...".
>>>>
>>>> Regards,
>>>> Alexander
>>>>
>>>> On Fri, Nov 29, 2013 at 05:55:08PM +0100, David Quintana (gigaherz)
>>>> wrote:
>>>>> I do not agree on the "unless it's on Microsoft Windows" part. The
>>>>> license grants apply if it is "created to run directly" on windows,
>>>>> which I understand as "it can run anywhere else, also, just as long
>>>>> as it runs in windows without an intermediary".
>>>>>
>>>>> On 29 November 2013 17:51, Alexander Andrejevic
>>>>> <thefl...@sdf.lonestar.org> wrote:
>>>>>> Fastfat is located inside its own binary, so this is considered
>>>>>> "mere aggregation", and that is not the problem. (See
>>> https://www.gnu.org/licenses/gpl-faq.html#MereAggregation).
>>>>>> The problem is that you don't even have a license to use it or
>>>>>> distribute it, unless it's on Microsoft Windows.
>>>>>> Then again, I'm not a lawyer either and I could be wrong too. It
>>>>>> would be great if someone who knows a lot about licenses explained
>>>>>> this.
>>>>>>
>>>>>> Regards,
>>>>>> Alexander
>>>>>>
>>>>>> On Fri, Nov 29, 2013 at 05:35:21PM +0100, David Quintana (gigaherz)
>>> wrote:
>>>>>>> The exact words of the license, as seen at
>>>>>>> http://www.ohloh.net/licenses/mslpl (I couldn't find a better link
>>>>>>> for it), are:
>>>>>>>
>>>>>>> "4. (F) Platform Limitation- The licenses granted in sections 2(A)
>>>>>>> &
>>>>>>> 2(B) extend only to the software or derivative works that you
>>>>>>> create that run on a Microsoft Windows operating system product."
>>>>>>>
>>>>>>> Excluding that term, the rest of the license is mostly a
>>>>>>> differently-worded BSD license. If it only needs to be tested in
>>>>>>> windows to ensure that it works there, then there should be
>>>>>>> absolutely no problem including it in ReactOS, as long as the terms
>>>>>>> don't conflict with the other licenses' terms. And GPL with the
>>>>>>> ReactOS exception, as far as I can tell, allows it. I'm not a
>>>>>>> lawyer, though, so I could be wrong.
>>>>>>>
>>>>>>> On 29 November 2013 16:17, Alexander Andrejevic
>>>>>>> <thefl...@sdf.lonestar.org> wrote:
>>>>>>>> Hi Ged,
>>>>>>>>
>>>>>>>> Are you sure that we can use software released under the MS-LPL?
>>>>>>>> It has a rather weird limitation in section 4, which says that
>>>>>>>> you can
>>> only use it on a "Microsoft Windows operating system product".
>>>>>>>> Since ReactOS is not Windows, that would mean we can't use it.
>>>>>>>> Please correct me if I'm wrong.
>>>>>>>>
>>>>>>>> Regards,
>>>>>>>> Alexander
>>>>>>>>
>>>>>>>> On Fri, Nov 29, 2013 at 02:58:51PM -0000, Ged Murphy wrote:
>>>>>>>>> Hi Eric,
>>>>>>>>>
>>>>>>>>> I know this has been discussed before, but should we not just bite
>>> the bullet and replace this driver with the Microsoft driver.
>>>>>>>>> The MS_LPL license allows it to be used in reactos, and it would
>>> certainly get rid of any unknowns  and give us a reliable filesystem
>>> to work
>>> from.
>>>>>>>>> http://code.msdn.microsoft.com/windowshardware/fastfat-File-Syste
>>>>>>>>> m-Driver-135bdf34/view/SourceCode
>>>>>>>>>
>>>>>>>>> Ged.
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> -----Original Message-----
>>>>>>>>> From: ros-diffs-boun...@reactos.org
>>>>>>>>> [mailto:ros-diffs-boun...@reactos.org] On Behalf Of
>>>>>>>>> ek...@svn.reactos.org
>>>>>>>>> Sent: 29 November 2013 14:06
>>>>>>>>> To: ros-di...@reactos.org
>>>>>>>>> Subject: [ros-diffs] [ekohl] 61145: [FASTFAT]
>>> FsdGetFsVolumeInformation: Return volume creation time.
>>>>>>>>> Author: ekohl
>>>>>>>>> Date: Fri Nov 29 14:05:43 2013
>>>>>>>>> New Revision: 61145
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>
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>
>
>
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-- 
Pierre Schweitzer<pierre at reactos.org>
System Administrator
ReactOS Foundation

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