Intel IA32 EL License (revisited)

2009-08-05 Thread dann frazier
A couple of years ago I started a thread about the Intel IA-32 EL License here:
  http://lists.debian.org/debian-legal/2007/04/msg00198.html

It didn't get much feedback and I didn't manage to find someone at
Intel at that time. Recently I was put into contact with the
appropriate folks at Intel and had a phone call with them today.

I described our method of distribution (Internet/mirror/media) and
the debconf/click-through EULA mechanism used by the sun-java packages
and they believed it to be in the spirit of the license. I also noted
that Debian can update and remove software, but only as part of normal
processes (e.g. point releases, security updates), and can only go
back so far - they seemed to believe that this was reasonable.

Intel seem willing to consider modifications to the wording of the
license, so I'd like to try and formulate a list of changes Debian
would like to see.

Please CC me on any replies.

Source: http://www.intel.com/cd/software/products/asmo-na/eng/219773.htm
License:
  IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.


 INTEL IA-32 EL LICENSE AGREEMENT

 This IA-32 EL License Agreement ("Agreement") is entered into by and between
 Intel and You ("the Parties").

 Do not copy, install, or use the materials provided under this Agreement until
 you have carefully read the following terms and conditions.

 By clicking the "Accept" button below, or by copying, installing, or otherwise
 using the IA-32 EL, You agree to be bound by the terms of this Agreement.  If
 you do not agree to the terms of this Agreement, you are not authorized to
 copy, install, or use the IA-32 EL.  If you are an agent or employee of a
 legal entity you represent and warrant that you have the authority to bind
 such legal entity to this Agreement.  Based upon Your acceptance of the terms
 herein, Intel wishes to grant You the limited license set forth below.  Now,
 therefore, the Parties agree to the following terms and conditions:


 1. Definitions

 "IA-32 EL" means Intel's IA-32 Execution Layer software which is composed of
 the following independent components:  
 (1) "IA32Exec.bin" file which is translator code provided in binary form; 
 (2) "Libia32x.so" file which is the interface layer between the translator to
 the Linux* operating system provided in source code form; 
 (3) "IA32el" file which is a utility to enable IA-32 Execution Layer
 functionality in binary form; and
 (4) "Suid_libia32x.so" file which is an interface library to run 32bit app
 with suid permission in binary form

 "Your Operating System" means a Linux-based computer operating system designed
 for operation on Intel(R) Itanium(R) processors that You distribute with Your
 Itanium architecture-based platforms.

 "Intel Update" shall mean any bug fix, enhancement or other modifications to
 the IA-32 EL delivered by Intel to You.  Upon delivery of an Intel Update by
 Intel to You, the Intel Update shall be deemed "Code" for all purposes under
 this license

 2. License

 The Libia32x.so and the Suid_libia32x.so components are separately licensed to
 You under the Library General Public License (LGPL), Version 2, dated June
 1991.  

 With regard to IA32Exec.bin and IA32el  (including Intel Updates relating
 thereto) and only for the term of this Agreement, Intel grants You a
 non-exclusive, nontransferable (without the right to sublicense except for
 distribution of binary code as set forth below), royalty-free license under
 Intel's trade secrets and copyrights to:

 A. Copy and use IA32Exec.bin (and Intel Updates) internally only for Your
 Operating System integration and maintenance purposes related to systems which
 include microprocessors manufactured by Intel; and distribute IA32Exec.bin
 (and Intel Updates) only as part of IA-32 EL, externally (including through
 others in the chain of manufacture or distribution) to end users.  You may
 only distribute IA32Exec.bin, without modification, as part of the IA-32 EL
 one-for-one with Your Operating System as incorporated into Your computer
 system and not as a stand-alone item (except for evaluation, trial and other
 copies of Your Operating System licensed by You on a royalty free basis) and
 under a license agreement that has terms and conditions at least as
 restrictive as those set forth in Exhibit B, (Requirements for End User
 License Agreements); except that You may distribute the Intel Updates to fix
 and/or replace such previously released IA-32 EL without distribution of Your
 Operating System.

 B. You may not copy, modify, rent, sell, distribute, sublicense or
 transfer any part of IA32Exec.bin except as provided in this Agreement. 

 C. No other license is granted to You, and You agrees that it shall not:
 (i) modify, reverse engineer, disassemble, decompile, decode, or do any other
 such act to IA32Exec.bin in any manner, (ii) use IA32Exec.bin for any purpose
 or in any other manner other than as expressly set forth herein, (iii) use
 IA32Ex

Re: Intel IA32 EL License (revisited)

2009-08-06 Thread Giacomo A. Catenazzi

dann frazier wrote:

A couple of years ago I started a thread about the Intel IA-32 EL License here:
  http://lists.debian.org/debian-legal/2007/04/msg00198.html

It didn't get much feedback and I didn't manage to find someone at
Intel at that time. Recently I was put into contact with the
appropriate folks at Intel and had a phone call with them today.

I described our method of distribution (Internet/mirror/media) and
the debconf/click-through EULA mechanism used by the sun-java packages
and they believed it to be in the spirit of the license. I also noted
that Debian can update and remove software, but only as part of normal
processes (e.g. point releases, security updates), and can only go
back so far - they seemed to believe that this was reasonable.

Intel seem willing to consider modifications to the wording of the
license, so I'd like to try and formulate a list of changes Debian
would like to see.


Yes, but the easier method is to look for an other license, already used
by Intel (for similar tasks) and possibly also used by Debian in main.


Please CC me on any replies.

Source: http://www.intel.com/cd/software/products/asmo-na/eng/219773.htm
License:
  IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.


 INTEL IA-32 EL LICENSE AGREEMENT

 This IA-32 EL License Agreement ("Agreement") is entered into by and between
 Intel and You ("the Parties").

 Do not copy, install, or use the materials provided under this Agreement until
 you have carefully read the following terms and conditions.

 By clicking the "Accept" button below, or by copying, installing, or otherwise
 using the IA-32 EL, You agree to be bound by the terms of this Agreement.  If
 you do not agree to the terms of this Agreement, you are not authorized to
 copy, install, or use the IA-32 EL.  If you are an agent or employee of a
 legal entity you represent and warrant that you have the authority to bind
 such legal entity to this Agreement.  Based upon Your acceptance of the terms
 herein, Intel wishes to grant You the limited license set forth below.  Now,
 therefore, the Parties agree to the following terms and conditions:


At best this is non-free. I'm not sure if we can mirror such package (as done
for non-free).  Should mirror admins agree to such agreement, to copy the
package from the main mirrors?

ciao
cate




 1. Definitions

 "IA-32 EL" means Intel's IA-32 Execution Layer software which is composed of
 the following independent components:  
 (1) "IA32Exec.bin" file which is translator code provided in binary form; 
 (2) "Libia32x.so" file which is the interface layer between the translator to
 the Linux* operating system provided in source code form; 
 (3) "IA32el" file which is a utility to enable IA-32 Execution Layer

 functionality in binary form; and
 (4) "Suid_libia32x.so" file which is an interface library to run 32bit app
 with suid permission in binary form

 "Your Operating System" means a Linux-based computer operating system designed
 for operation on Intel(R) Itanium(R) processors that You distribute with Your
 Itanium architecture-based platforms.

 "Intel Update" shall mean any bug fix, enhancement or other modifications to
 the IA-32 EL delivered by Intel to You.  Upon delivery of an Intel Update by
 Intel to You, the Intel Update shall be deemed "Code" for all purposes under
 this license

 2. License

 The Libia32x.so and the Suid_libia32x.so components are separately licensed to
 You under the Library General Public License (LGPL), Version 2, dated June
 1991.  


 With regard to IA32Exec.bin and IA32el  (including Intel Updates relating
 thereto) and only for the term of this Agreement, Intel grants You a
 non-exclusive, nontransferable (without the right to sublicense except for
 distribution of binary code as set forth below), royalty-free license under
 Intel's trade secrets and copyrights to:

 A. Copy and use IA32Exec.bin (and Intel Updates) internally only for Your
 Operating System integration and maintenance purposes related to systems which
 include microprocessors manufactured by Intel; and distribute IA32Exec.bin
 (and Intel Updates) only as part of IA-32 EL, externally (including through
 others in the chain of manufacture or distribution) to end users.  You may
 only distribute IA32Exec.bin, without modification, as part of the IA-32 EL
 one-for-one with Your Operating System as incorporated into Your computer
 system and not as a stand-alone item (except for evaluation, trial and other
 copies of Your Operating System licensed by You on a royalty free basis) and
 under a license agreement that has terms and conditions at least as
 restrictive as those set forth in Exhibit B, (Requirements for End User
 License Agreements); except that You may distribute the Intel Updates to fix
 and/or replace such previously released IA-32 EL without distribution of Your
 Operating System.

 B. You may not copy, modify, rent, sell, distribute, sublicense or
 transfer any par

Re: Intel IA32 EL License (revisited)

2009-08-06 Thread Francesco Poli
On Thu, 06 Aug 2009 09:28:48 +0200 Giacomo A. Catenazzi wrote:

> dann frazier wrote:
> > A couple of years ago I started a thread about the Intel IA-32 EL License 
> > here:
> >   http://lists.debian.org/debian-legal/2007/04/msg00198.html
[...]
> > Intel seem willing to consider modifications to the wording of the
> > license, so I'd like to try and formulate a list of changes Debian
> > would like to see.
> 
> Yes, but the easier method is to look for an other license, already used
> by Intel (for similar tasks) and possibly also used by Debian in main.

I agree that the best possible solution would to persuade Intel to
re-license in a DFSG-free manner, so that the Debian Project could
include EL in main.

Dann, do you think there's some chance to do that?
Or have you already reached the conclusion that the best *feasible*
outcome would be a package distributable in the non-free archive?


-- 
 New location for my website! Update your bookmarks!
 http://www.inventati.org/frx
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgp07wRjRQOZT.pgp
Description: PGP signature


Re: Intel IA32 EL License (revisited)

2009-08-06 Thread dann frazier
On Thu, Aug 06, 2009 at 03:25:41PM +0200, Francesco Poli wrote:
> On Thu, 06 Aug 2009 09:28:48 +0200 Giacomo A. Catenazzi wrote:
> 
> > dann frazier wrote:
> > > A couple of years ago I started a thread about the Intel IA-32 EL License 
> > > here:
> > >   http://lists.debian.org/debian-legal/2007/04/msg00198.html
> [...]
> > > Intel seem willing to consider modifications to the wording of the
> > > license, so I'd like to try and formulate a list of changes Debian
> > > would like to see.
> > 
> > Yes, but the easier method is to look for an other license, already used
> > by Intel (for similar tasks) and possibly also used by Debian in main.
> 
> I agree that the best possible solution would to persuade Intel to
> re-license in a DFSG-free manner, so that the Debian Project could
> include EL in main.
> 
> Dann, do you think there's some chance to do that?
> Or have you already reached the conclusion that the best *feasible*
> outcome would be a package distributable in the non-free archive?

Yes, I have reached this conclusion :(

-- 
dann frazier


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