Re: [gentoo-dev] Import CeDILL-1.1 License into Portage Tree

[Richard Yao]

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I would like to clarify that this is the CeCILL-1.1 license and the
license in tree is CeCILL-2.

On 02/14/12 03:14, Richard Yao wrote:
>
> I would like to write an ebuild for some software that is CeDILL-1.1
> licensed, but the license is not in the portage tree. The CeDILL-2
> license is in the portage tree.
>
> I had a chat with robbat in #gentoo-dev on freenode about importing this
> license into the tree. He did not see any problems with it, but he asked
> me to send my request to the mailing list. The IRC transcript is below:
>
> 02:42 <+gentoofan> ulm: ping
> 02:43 <+gentoofan> I am told that you know a good deal about licensing.
> I am thinking of writing an ebuild for some software licensed
> CeCILL-1.1, which is not in portage. The terms of the license worry me:
> http://paste.pocoo.org/show/550666/
> 02:44 <+gentoofan> In particular, it seems like I am giving up my rights
> as a US citizen by agreeing to their license: "13.1 The Agreement is
> governed by French law." "In the event of a conflict as
> regards construction, the French version shall be
> deemed authentic."
> 02:45 <+gentoofan> The software is behind a download wall that requires
> registration and an agreement to their license, even though all I want
> to do is write an ebuild. Should I be worried about being hauled to a
> court in France if there is ever a dispute arising from
> the creation of the ebuild?
> 02:45 <@robbat2> gentoofan, that's no different that many other EULAs
> that state any lawsuits involving the license must be brought in California
> 02:46 <@antarus> gentoofan: I presume we aren't distributing it?
> 02:46 <+gentoofan> robbat2: I prefer California to France. Password
> hashing is illegal in France.
> 02:46 <@antarus> I only need to agree to the license to use the
> software, or to redistribute it, not to write an ebuild ;p
> 02:47 <+gentoofan> antarus: I seem to also need to agree to download it. :/
> 02:47 <@robbat2> the "Adobe" license says: California if in
> Canada/US/Mexico ; Japan if in Asia ; Netherlands for all other
> jurisdictions
> 02:48 <@robbat2> yes, 3.1, if you download it or distribute it, you are
> bound by the rest of the terms of the license
> 02:48 <+gentoofan> This is their site. It only permits people to
> download who agree: http://www.nemo-ocean.eu/
> 02:49 <+gentoofan> They distribute by password protected SVN. :/
> 02:49 <@antarus> why do you want to use it then? ;p
> 02:49 <+gentoofan> antarus: A professor I know wants it installed.
> 02:49 <+gentoofan> You can say this is academic politics. -_-
> 02:49 <@robbat2> the license is already in the tree
> 02:49 <@antarus> oh I am familiar ;p
> 02:49 <+gentoofan> Version 1.1?
> 02:49 <@robbat2> v 2
> 02:50 <@antarus> I blame france for everything
> 02:50 <@robbat2> but see clause 12.3
> 02:50 <@robbat2> of v1.1
> 02:50 <@robbat2> that says you can elect to use v2
> 02:51 <+gentoofan> Does Gentoo policy permit people to relicense stuff
> in the portage tree under a more restrictive license if the license
> permits it? I would have thought that people would want the original
> license terms.
> 02:51 <@antarus> license syntax supports ||
> 02:52 <@robbat2> one sec, i'm compare v1.1 to v2
> 02:52 <@robbat2> (both ulm and myself are in the licenses team)
> 02:52 <+gentoofan> robbat2: Ah, cool. :)
> 02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has joined
> #gentoo-dev
> 02:54 -!- GurliGebis [~GurliGebi@××××××××××××××××××××.dk] has quit
> [Changing host]
> 02:54 -!- GurliGebis [~GurliGebi@gentoo/developer/gurligebis] has joined
> #gentoo-dev
> 02:55 <@jdhore> JUST to be odd and different
> 02:56 <@jdhore> whoops, wrong window
> 02:56 <@robbat2> ok, there's no substantial difference between v1.1 and v2
> 02:56 <@robbat2> just a lot of cleanups for clarity
> 02:56 -!- danblack [~dragonhea@gentoo/developer/dragonheart] has quit
> [Ping timeout: 276 seconds]
> 02:56 <@robbat2> (it somebody added ignore-punctation to wdiff, it would
> be really useful, just saying...)
> 02:56 -!- Slackwise_ [~Slackwise@×××××××××××××××××××××××××××××××.net]
> has joined #gentoo-dev
> 02:57 <+gentoofan> robbat2: Should I file a bug report about putting it
> into the tree?
> 02:57 -!- fisted [~fisted@unaffiliated/fisted] has quit [Quit: leaving]
> 02:58 <@robbat2> the only bit of legal significence is v1.1 called the
> modules dynamic and static, while v2 calls them internal & external. the
> impact is the same (basically LGPL vs GPL)
> 02:58 <@robbat2> it's adding a new license, so you need to email it to
> the gentoo-dev list
> 02:58 <@robbat2> in your email, note that it's similar to the v2 license
> 02:58 <@robbat2> that's already in the tree
> 02:59 <+gentoofan> robbat2: Okay. Will do.
> 02:59 <@robbat2> there no other concerns with packaging this app
> 02:59 -!- fisted [~fisted@unaffiliated/fisted] has joined #gentoo-dev
> 02:59 <+gentoofan> Should I include a transcript of the #gentoo-dev
> discussion?
> 02:59 <@robbat2> mention it if you want
>
> Here are the license terms:
>
> FREE SOFTWARE LICENSING AGREEMENT CeCILL
> ========================================
>
>
> Notice
> ------
>
>
> This Agreement is a free software license that is the result of discussions
> between its authors in order to ensure compliance with the two main
> principles guiding its drafting:
> - firstly, its conformity with French law, both as regards the law of
> torts and intellectual property law, and the protection that it offers
> to authors and the holders of economic rights over software.
> - secondly, compliance with the principles for the distribution of free
> software: access to source codes, extended user-rights.
>
> The following bodies are the authors of this license CeCILL (Ce : CEA, C :
> CNRS, I : INRIA, LL : Logiciel Libre):
>
> Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
> industrial establishment, having its principal place of business at 31-33
> rue de la Fédération, 75752 PARIS cedex 15, France.
>
> Centre National de la Recherche Scientifique - CNRS, a public scientific
> and technological establishment, having its principal place of business at
> 3 rue Michel-Ange 75794 Paris cedex 16, France.
>
> Institut National de Recherche en Informatique et en Automatique - INRIA, a
> public scientific and technological establishment, having its principal
> place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le
> Chesnay cedex.
>
>
> PREAMBLE
> --------
>
>
> The purpose of this Free Software Licensing Agreement is to grant users the
> right to modify and redistribute the software governed by this license
> within the framework of an "open source" distribution model.
>
> The exercising of these rights is conditional upon certain obligations for
> users so as to ensure that this status is retained for subsequent
> redistribution operations.
>
> As a counterpart to the access to the source code and rights to copy,
modify
> and redistribute granted by the license, users are provided only with a
> limited warranty and the software's author, the holder of the economic
> rights, and the successive licensors only have limited liability.
>
> In this respect, it is brought to the user's attention that the risks
> associated with loading, using, modifying and/or developing or reproducing
> the software by the user given its nature of Free Software, that may
> mean that it is complicated to manipulate, and that also therefore means
> that it is reserved for developers and experienced professionals having
> in-depth computer knowledge. Users are therefore encouraged to load and
test
> the Software's suitability as regards their requirements in conditions
> enabling the security of their systems and/or data to be ensured and, more
> generally, to use and operate it in the same conditions of security.
> This Agreement may be freely reproduced and published, provided it is
> not altered, and that no Articles are either added or removed herefrom.
>
> This Agreement may apply to any or all software for which the holder of the
> economic rights decides to submit the operation thereof to its provisions.
>
>
> Article 1 - DEFINITIONS
> ------------------------
>
>
> For the purposes of this Agreement, when the following expressions commence
> with a capital letter, they shall have the following meaning:
>
> Agreement: means this Licensing Agreement, and any or all of its subsequent
> versions.
>
> Software: means the software in its Object Code and/or Source Code form
> and, where applicable, its documentation, "as is" at the time when the
> Licensee accepts the Agreement.
>
> Initial Software: means the Software in its Source Code and/or Object Code
> form and, where applicable, its documentation, "as is" at the time when it
> is distributed for the first time under the terms and conditions of the
> Agreement.
>
> Modified Software: means the Software modified by at least one
> Contribution.
>
> Source Code: means all the Software's instructions and program lines to
> which access is required so as to modify the Software.
>
> Object Code: means the binary files originating from the compilation of the
> Source Code.
>
> Holder: means the holder of the economic rights over the Initial
> Software.
>
> Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
>
> Contributor: means a Licensee having made at least one Contribution.
>
> Licensor: means the Holder, or any or all other individual or legal entity,
> that distributes the Software under the Agreement.
>
> Contributions: mean any or all modifications, corrections, translations,
> adaptations and/or new functionalities integrated into the Software by any
> or all Contributor, and the Static Modules.
>
> Module: means a set of sources files including their documentation that,
> once compiled in executable form, enables supplementary functionalities or
> services to be developed in addition to those offered by the Software.
>
> Dynamic Module: means any or all module, created by the Contributor, that
> is independent of the Software, so that this module and the Software are in
> two different executable forms that are run in separate address spaces,
> with one calling the other when they are run.
>
> Static Module: means any or all module, created by the Contributor and
> connected to the Software by a static link that makes their object codes
> interdependent. This module and the Software to which it is connected, are
> combined in a single executable.
>
> Parties: mean both the Licensee and the Licensor.
>
> These expressions may be used both in singular and plural form.
>
>
> Article 2 - PURPOSE
> -------------------
>
>
> The purpose of the Agreement is to enable the Licensor to grant the
> Licensee a free, non-exclusive, transferable and worldwide License for the
> Software as set forth in Article 5 hereinafter for the whole term of
> protection of the rights over said Software.
>
>
> Article 3 - ACCEPTANCE
> ----------------------
>
>
> 3.1. The Licensee shall be deemed as having accepted the terms and
> conditions of this Agreement by the occurrence of the first of the
> following events:
> - (i) loading the Software by any or all means, notably, by downloading
> from a remote server, or by loading from a physical medium;
> - (ii) the first time the Licensee exercises any of the rights granted
> hereunder.
>
> 3.2. One copy of the Agreement, containing a notice relating to the
> specific nature of the Software, to the limited warranty, and to the
> limitation to use by experienced users has been provided to the Licensee
> prior to its acceptance as set forth in Article 3.1 hereinabove, and the
> Licensee hereby acknowledges that it is aware thereof.
>
>
> Article 4 - EFFECTIVE DATE AND TERM
> -----------------------------------
>
>
> 4.1. EFFECTIVE DATE
>
> The Agreement shall become effective on the date when it is accepted by the
> Licensee as set forth in Article 3.1.
>
> 4.2. TERM
>
> The Agreement shall remain in force during the whole legal term of
> protection of the economic rights over the Software.
>
>
> Article 5 - SCOPE OF THE RIGHTS GRANTED
> ---------------------------------------
>
>
> The Licensor hereby grants to the Licensee, that accepts such, the
> following rights as regards the Software for any or all use, and for the
> term of the Agreement, on the basis of the terms and conditions set forth
> hereinafter.
>
> Otherwise, the Licensor grants to the Licensee free of charge exploitation
> rights on the patents he holds on whole or part of the inventions
> implemented in the Software.
>
> 5.1. RIGHTS OF USE
>
> The Licensee is authorized to use the Software, unrestrictedly, as regards
> the fields of application, with it being hereinafter specified that this
> relates to:
> - permanent or temporary reproduction of all or part of the Software by
> any or all means and in any or all form.
> - loading, displaying, running, or storing the Software on any or all
> medium.
> - entitlement to observe, study or test the operation thereof so as to
> establish the ideas and principles that form the basis for any or all
> constituent elements of said Software. This shall apply when the
> Licensee carries out any or all loading, displaying, running,
> transmission or storage operation as regards the Software, that it is
> entitled to carry out hereunder.
>
> 5.2. entitlement to make CONTRIBUTIONS
>
> The right to make Contributions includes the right to translate, adapt,
> arrange, or make any or all modification to the Software, and the right to
> reproduce the resulting Software.
>
> The Licensee is authorized to make any or all Contribution to the Software
> provided that it explicitly mentions its name as the author of said
> Contribution and the date of the development thereof.
>
> 5.3. DISTRIBUTION AND PUBLICATION RIGHTS
>
> In particular, the right of distribution and publication includes the right
> to transmit and communicate the Software to the general public on any or
> all medium, and by any or all means, and the right to market, either in
> consideration of a fee, or free of charge, a copy or copies of the Software
> by means of any or all process.
> The Licensee is further authorized to redistribute copies of the modified
> or unmodified Software to third parties according to the terms and
> conditions set forth hereinafter.
>
> 5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
>
> The Licensee is authorized to redistribute true copies of the Software in
> Source Code or Object Code form, provided that said redistribution complies
> with all the provisions of the Agreement and is accompanied by:
> - a copy of the Agreement,
> - a notice relating to the limitation of both the Licensor's warranty
> and liability as set forth in Articles 8 and 9,
> and that, in the event that only the Software's Object Code is
> redistributed, the Licensee allows future Licensees unhindered access to
> the Software's full Source Code by providing them with the terms and
> conditions for access thereto, it being understood that the additional cost
> of acquiring the Source Code shall not exceed the cost of transferring the
> data.
>
> 5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
>
> When the Licensee makes a Contribution to the Software, the terms and
> conditions for the redistribution of the Modified Software shall then be
> subject to all the provisions hereof.
>
> The Licensee is authorized to redistribute the Modified Software, in Source
> Code or Object Code form, provided that said redistribution complies with
> all the provisions of the Agreement and is accompanied by:
> - a copy of the Agreement,
> - a notice relating to the limitation of both the Licensor's warranty
> and liability as set forth in Articles 8 and 9,
> and that, in the event that only the Modified Software's Object Code is
> redistributed, the Licensee allows future Licensees unhindered access to
> the Modified Software's full Source Code by providing them with the terms
> and conditions for access thereto, it being understood that the additional
> cost of acquiring the Source Code shall not exceed the cost of transferring
> the data.
>
>
> 5.3.3. redistribution OF DYNAMIC MODULES
>
> When the Licensee has developed a Dynamic Module, the terms and conditions
> hereof do not apply to said Dynamic Module, that may be distributed under
> a separate Licensing Agreement.
>
> 5.3.4. COMPATIBILITY WITH THE GPL LICENSE
>
> In the event that the Modified or unmodified Software is included in a code
> that is subject to the provisions of the GPL License, the Licensee is
> authorized to redistribute the whole under the GPL License.
>
> In the event that the Modified Software includes a code that is subject to
> the provisions of the GPL License, the Licensee is authorized to
> redistribute the Modified Software under the GPL License.
>
>
> Article 6 - INTELLECTUAL PROPERTY
> ----------------------------------
>
>
> 6.1. OVER THE INITIAL SOFTWARE
>
> The Holder owns the economic rights over the Initial Software. Any or all
> use of the Initial Software is subject to compliance with the terms and
> conditions under which the Holder has elected to distribute its work and no
> one shall be entitled to and it shall have sole entitlement to modify the
> terms and conditions for the distribution of said Initial Software.
>
> The Holder undertakes to maintain the distribution of the Initial Software
> under the conditions of the Agreement, for the duration set forth in
> article 4.2..
>
> 6.2. OVER THE CONTRIBUTIONS
>
> The intellectual property rights over the Contributions belong to the
> holder of the economic rights as designated by effective legislation.
>
> 6.3. OVER THE DYNAMIC MODULES
>
> The Licensee having developed a Dynamic Module is the holder of the
> intellectual property rights over said Dynamic Module and is free to choose
> the agreement that shall govern its distribution.
>
> 6.4. JOINT PROVISIONS
>
> 6.4.1. The Licensee expressly undertakes:
> - not to remove, or modify, in any or all manner, the intellectual
> property notices affixed to the Software;
> - to reproduce said notices, in an identical manner, in the copies of
> the Software.
>
> 6.4.2. The Licensee undertakes not to directly or indirectly infringe the
> intellectual property rights of the Holder and/or Contributors and to take,
> where applicable, vis-à-vis its staff, any or all measures required to
> ensure respect for said intellectual property rights of the Holder and/or
> Contributors.
>
>
> Article 7 - RELATED SERVICES
> -----------------------------
>
>
> 7.1. Under no circumstances shall the Agreement oblige the Licensor to
> provide technical assistance or maintenance services for the Software.
>
> However, the Licensor is entitled to offer this type of service. The
> terms and conditions of such technical assistance, and/or such
> maintenance, shall then be set forth in a separate instrument. Only the
> Licensor offering said maintenance and/or technical assistance services
> shall incur liability therefor.
>
> 7.2. Similarly, any or all Licensor shall be entitled to offer to its
> Licensees, under its own responsibility, a warranty, that shall only be
> binding upon itself, for the redistribution of the Software and/or the
> Modified Software, under terms and conditions that it shall decide upon
> itself. Said warranty, and the financial terms and conditions of its
> application, shall be subject to a separate instrument executed between the
> Licensor and the Licensee.
>
>
> Article 8 - LIABILITY
> ----------------------
>
>
> 8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
> fulfill all or part of its obligations hereunder, the Licensee shall be
> entitled to claim compensation for the direct loss suffered as a result of
> a fault on the part of the Licensor, subject to providing evidence of it.
>
> 8.2. The Licensor's liability is limited to the commitments made under this
> Licensing Agreement and shall not be incurred as a result , in particular:
> (i) of loss due the Licensee's total or partial failure to fulfill its
> obligations, (ii) direct or consequential loss due to the Software's use or
> performance that is suffered by the Licensee, when the latter is a
> professional using said Software for professional purposes and (iii)
> consequential loss due to the Software's use or performance. The Parties
> expressly agree that any or all pecuniary or business loss (i.e. loss of
> data, loss of profits, operating loss, loss of customers or orders,
> opportunity cost, any disturbance to business activities) or any or all
> legal proceedings instituted against the Licensee by a third party, shall
> constitute consequential loss and shall not provide entitlement to any or
> all compensation from the Licensor.
>
>
> Article 9 - WARRANTY
> ---------------------
>
>
> 9.1. The Licensee acknowledges that the current situation as regards
> scientific and technical know-how at the time when the Software was
> distributed did not enable all possible uses to be tested and verified, nor
> for the presence of any or all faults to be detected. In this respect, the
> Licensee's attention has been drawn to the risks associated with loading,
> using, modifying and/or developing and reproducing the Software that are
> reserved for experienced users.
>
> The Licensee shall be responsible for verifying, by any or all means, the
> product's suitability for its requirements, its due and proper functioning,
> and for ensuring that it shall not cause damage to either persons or
> property.
>
> 9.2. The Licensor hereby represents, in good faith, that it is entitled to
> grant all the rights on the Software (including in particular the rights
> set forth in Article 5 hereof over the Software).
>
> 9.3. The Licensee acknowledges that the Software is supplied "as is" by the
> Licensor without any or all other express or tacit warranty, other than
> that provided for in Article 9.2 and, in particular, without any or all
> warranty as to its market value, its secured, innovative or relevant
> nature.
>
> Specifically, the Licensor does not warrant that the Software is free from
> any or all error, that it shall operate continuously, that it shall be
> compatible with the Licensee's own equipment and its software
> configuration, nor that it shall meet the Licensee's requirements.
>
> 9.4. The Licensor does not either expressly or tacitly warrant that the
> Software does not infringe any or all third party intellectual right
> relating to a patent, software or to any or all other property right.
> Moreover, the Licensor shall not hold the Licensee harmless against any or
> all proceedings for infringement that may be instituted in respect of the
> use, modification and redistribution of the Software. Nevertheless, should
> such proceedings be instituted against the Licensee, the Licensor shall
> provide it with technical and legal assistance for its defense. Such
> technical and legal assistance shall be decided upon on a case-by-case
> basis between the relevant Licensor and the Licensee pursuant to a
> memorandum of understanding. The Licensor disclaims any or all liability as
> regards the Licensee's use of the Software's name. No warranty shall be
> provided as regards the existence of prior rights over the name of the
> Software and as regards the existence of a trademark.
>
>
> Article 10 - TERMINATION
> -------------------------
>
>
> 10.1. In the event of a breach by the Licensee of its obligations
> hereunder, the Licensor may automatically terminate this Agreement thirty
> (30) days after notice has been sent to the Licensee and has remained
> ineffective.
>
> 10.2. The Licensee whose Agreement is terminated shall no longer be
> authorized to use, modify or distribute the Software. However, any or all
> licenses that it may have granted prior to termination of the Agreement
> shall remain valid subject to their having been granted in compliance with
> the terms and conditions hereof.
>
>
> Article 11 - MISCELLANEOUS PROVISIONS
> --------------------------------------
>
>
> 11.1. EXCUSABLE EVENTS
>
> Neither Party shall be liable for any or all delay, or failure to perform
> the Agreement, that may be attributable to an event of force majeure, an
> act of God or an outside cause, such as, notably, defective functioning, or
> interruptions affecting the electricity or telecommunications networks,
> blocking of the network following a virus attack, the intervention of the
> government authorities, natural disasters, water damage, earthquakes, fire,
> explosions, strikes and labor unrest, war, etc.
>
> 11.2. The fact that either Party may fail, on one or several occasions, to
> invoke one or several of the provisions hereof, shall under no
> circumstances be interpreted as being a waiver by the interested Party of
> its entitlement to invoke said provision(s) subsequently.
>
> 11.3. The Agreement cancels and replaces any or all previous agreement,
> whether written or oral, between the Parties and having the same purpose,
> and constitutes the entirety of the agreement between said Parties
> concerning said purpose. No supplement or modification to the terms and
> conditions hereof shall be effective as regards the Parties unless it is
> made in writing and signed by their duly authorized representatives.
>
> 11.4. In the event that one or several of the provisions hereof were to
> conflict with a current or future applicable act or legislative text, said
> act or legislative text shall take precedence, and the Parties shall make
> the necessary amendments so as to be in compliance with said act or
> legislative text. All the other provisions shall remain effective.
> Similarly, the fact that a provision of the Agreement may be null and
> void, for any reason whatsoever, shall not cause the Agreement as a whole
> to be null and void.
>
> 11.5. LANGUAGE
>
> The Agreement is drafted in both French and English. In the event of a
> conflict as regards construction, the French version shall be deemed
> authentic.
>
>
> Article 12 - NEW VERSIONS OF THE AGREEMENT
> -------------------------------------------
>
>
> 12.1. Any or all person is authorized to duplicate and distribute copies of
> this Agreement.
>
> 12.2. So as to ensure coherence, the wording of this Agreement is protected
> and may only be modified by the authors of the License, that reserve the
> right to periodically publish updates or new versions of the Agreement,
> each with a separate number. These subsequent versions may address new
> issues
> encountered by Free Software.
>
> 12.3. Any or all Software distributed under a given version of the
> Agreement may only be subsequently distributed under the same version of
> the Agreement, or a subsequent version, subject to the provisions of
> article 5.3.4.
>
>
> Article 13 - GOVERNING LAW AND JURISDICTION
> -------------------------------------------
>
>
> 13.1. The Agreement is governed by French law. The Parties agree to
> endeavor to settle the disagreements or disputes that may arise during the
> performance of the Agreement out-of-court.
>
> 13.2. In the absence of an out-of-court settlement within two (2) months as
> from their occurrence, and unless emergency proceedings are necessary, the
> disagreements or disputes shall be referred to the Paris Courts having
> jurisdiction, by the first Party to take action.
>
>
> Version 1.1 of 10/26/2004
>
>
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