packaging reverse engineered code when an EULA forbids this

2014-06-03 Thread Julian Taylor
hi,
I was asked by ftp-masters to clarify the status of some files in the
scipy package [0]
The files are are simple serialized numeric arrays created by the
proprietary program IDL. They are used as testcases for a reverse
engineered implementation the de/serialization in the python scipy package.
The data in the files are just a couple random numbers in a certain
format and should not fall under any copyright.
The issue seems to be that reverse engineering is not allowed by IDL's
EULA as the files contain following header:

  IDL Save/Restore files embody unpublished proprietary information
  about the IDL program. Reverse engineering of this file is therefore
  forbidden under the terms of the IDL End User License Agreement
  (IDL EULA). All IDL users are required to read and agree to the
  terms of the IDL EULA at the time that they install IDL.
  Software that reads or writes files in the IDL Save/Restore format
  must have a license from ITT Visual Information Solutions
  explicitly granting the right to do so. In this case, the license
  will be included with the software for your inspection. Please
  report software that does not have such a license to
  ITT Visual Information Solutions (i...@ittvis.com).


The io code itself is DFSG free.
Is there any issue in packaging and distributing this code and these
simple testcase?

A user may not be able to use the code legally, but on the other hand
he/she probably also never accepted IDL's EULA as IDL is not being used.
To me this notice hardly has any legal relevance at all and should not
be an issue for packaging.

I have inquired upstream about this and according to a comment in the
source it was apparently written with permission of ITT Visual
Information Solutions, but the exact correspondence has not turned up yet.

Cheers,
Julian Taylor

[0]
http://lists.alioth.debian.org/pipermail/python-modules-team/2014-June/019931.html



signature.asc
Description: OpenPGP digital signature


Re: packaging reverse engineered code when an EULA forbids this

2014-06-03 Thread Steve Langasek
Hi Julian,

On Tue, Jun 03, 2014 at 11:21:08PM +0200, Julian Taylor wrote:
 hi,
 I was asked by ftp-masters to clarify the status of some files in the
 scipy package [0]
 The files are are simple serialized numeric arrays created by the
 proprietary program IDL. They are used as testcases for a reverse
 engineered implementation the de/serialization in the python scipy package.
 The data in the files are just a couple random numbers in a certain
 format and should not fall under any copyright.
 The issue seems to be that reverse engineering is not allowed by IDL's
 EULA as the files contain following header:

   IDL Save/Restore files embody unpublished proprietary information
   about the IDL program. Reverse engineering of this file is therefore
   forbidden under the terms of the IDL End User License Agreement
   (IDL EULA). All IDL users are required to read and agree to the
   terms of the IDL EULA at the time that they install IDL.
   Software that reads or writes files in the IDL Save/Restore format
   must have a license from ITT Visual Information Solutions
   explicitly granting the right to do so. In this case, the license
   will be included with the software for your inspection. Please
   report software that does not have such a license to
   ITT Visual Information Solutions (i...@ittvis.com).

 The io code itself is DFSG free.
 Is there any issue in packaging and distributing this code and these
 simple testcase?

 A user may not be able to use the code legally, but on the other hand
 he/she probably also never accepted IDL's EULA as IDL is not being used.
 To me this notice hardly has any legal relevance at all and should not
 be an issue for packaging.

 I have inquired upstream about this and according to a comment in the
 source it was apparently written with permission of ITT Visual
 Information Solutions, but the exact correspondence has not turned up yet.

A couple points here:

 - In many jurisdictions (definitely in the US, and IIRC in the EU),
   prohibitions on reverse engineering are null and void.
 - In the event that such a prohibition on reverse engineering does have
   legal force, the author would be in violation of the EULA; but this does
   not imply that, once created, there is any liability on the part of the
   distributor or the user.

We should not a priori block software from inclusion in Debian just because
it has been reverse-engineered in apparent contravention of an EULA.  It's
for the courts to determine if such a work infringes copyright of the
original.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


signature.asc
Description: Digital signature


Re: packaging reverse engineered code when an EULA forbids this

2014-06-03 Thread Оlе Ѕtrеісhеr
Julian Taylor jtaylor.deb...@googlemail.com writes:
 The issue seems to be that reverse engineering is not allowed by IDL's
 EULA as the files contain following header:

   IDL Save/Restore files embody unpublished proprietary information
   about the IDL program. Reverse engineering of this file is therefore
   forbidden under the terms of the IDL End User License Agreement
   (IDL EULA). All IDL users are required to read and agree to the
   terms of the IDL EULA at the time that they install IDL.

If the author didn't install IDL, he is not bound to the EULA and
therefore free to reverse-engineer. I think that the header makes this
quite clear.

Best regards

Ole


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/871tv59r8s@news.ole.ath.cx