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  • RC bug for src:libfcgi

    From Yadd@21:1/5 to All on Mon Mar 31 18:50:01 2025
    Hi all,

    someone just change #466117 level to "serious".

    The conflict is that 3 files contains this sentence:

    * This file contains proprietary and confidential information and
    * remains the unpublished property of Open Market, Inc. Use,
    * disclosure, or reproduction is prohibited except as permitted by
    * express written license agreement with Open Market, Inc.

    The license looks DFSG compatible. So even if the sentence is strange,
    IMO there is no DFSG violation here: the agreement is given by license.


    Ref: https://bugs.debian.org/466117
    License:
    This FastCGI application library source and object code (the
    "Software") and its documentation (the "Documentation") are
    copyrighted by Open Market, Inc ("Open Market"). The following terms
    apply to all files associated with the Software and Documentation
    unless explicitly disclaimed in individual files.
    .
    Open Market permits you to use, copy, modify, distribute, and license
    this Software and the Documentation for any purpose, provided that
    existing copyright notices are retained in all copies and that this
    notice is included verbatim in any distributions. No written
    agreement, license, or royalty fee is required for any of the
    authorized uses. Modifications to this Software and Documentation may
    be copyrighted by their authors and need not follow the licensing
    terms described here. If modifications to this Software and
    Documentation have new licensing terms, the new terms must be clearly
    indicated on the first page of each file where they apply.
    .
    OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE
    SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
    WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN
    NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
    DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE
    DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
    CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR
    LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
    OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
    OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION

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  • From Sam Hartman@21:1/5 to All on Mon Mar 31 22:30:01 2025
    "Yadd" == Yadd <[email protected]> writes:

    Yadd> The conflict is that 3 files contains this sentence:

    Yadd> * This file contains proprietary and confidential
    Yadd> information and * remains the unpublished property of Open
    Yadd> Market, Inc. Use, * disclosure, or reproduction is prohibited
    Yadd> except as permitted by * express written license agreement
    Yadd> with Open Market, Inc.

    I agree: you have such a express written license agreement.
    It's an odd form of confidentiality to publish it to everyone, and I
    suspect their claim of confidentiality would not stand up, but I don't
    see how that's your problem.

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  • From Yadd@21:1/5 to Sam Hartman on Tue Apr 1 07:30:01 2025
    On 3/31/25 22:22, Sam Hartman wrote:
    "Yadd" == Yadd <[email protected]> writes:

    Yadd> The conflict is that 3 files contains this sentence:

    Yadd> * This file contains proprietary and confidential
    Yadd> information and * remains the unpublished property of Open
    Yadd> Market, Inc. Use, * disclosure, or reproduction is prohibited
    Yadd> except as permitted by * express written license agreement
    Yadd> with Open Market, Inc.

    I agree: you have such a express written license agreement.
    It's an odd form of confidentiality to publish it to everyone, and I
    suspect their claim of confidentiality would not stand up, but I don't
    see how that's your problem.

    I don't understand also why this issue became "serious". I'd like to get
    the choice of Debian-Legal group to manage https://bugs.debian.org/466117

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  • From Soren Stoutner@21:1/5 to Armstrong on Fri Apr 4 15:41:57 2025
    On Wednesday, April 2, 2025 6:45:57 PM Mountain Standard Time Don
    Armstrong wrote:
    severity 466117 minor
    tag 466117 wontfix
    retitle 466117 copyright header in /usr/include/fcgios.h doesn't
    include actual license terms summary 466117 0
    thanks

    There's an express written license in LICENSE.TERMS which gives
    written permission by the copyright holder of /usr/include/fcgios.h
    to all of the files distributed. My non-lawyer reading agrees that
    this doesn't appear to conflict with those terms, because we've
    been given written permission. Maybe upstream can fix it, but I
    don't see this as blocking distribution by Debian.

    I have been meaning to take the time to review the actual files in
    question, but given that I haven’t been able to do so and Don has, I
    would just like to state that I agree with his assessment. Assuming
    he is correct about LICENSE.TERMS applying to these files, and I have
    no reason to believe it doesn’t unless somewhere they are listed as excluded, then this license makes our distribution of these files
    DFSG-free. It doesn’t really matter that their header says they would
    not be DFSG-free if LICENSE.TERMS didn’t exist.

    --
    Soren Stoutner
    [email protected]
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  • From Yadd@21:1/5 to Soren Stoutner on Sat Apr 5 08:50:01 2025
    On 4/5/25 00:41, Soren Stoutner wrote:
    On Wednesday, April 2, 2025 6:45:57 PM Mountain Standard Time Don
    Armstrong wrote:
    severity 466117 minor
    tag 466117 wontfix
    retitle 466117 copyright header in /usr/include/fcgios.h doesn't
    include actual license terms summary 466117 0
    thanks

    There's an express written license in LICENSE.TERMS which gives
    written permission by the copyright holder of /usr/include/fcgios.h
    to all of the files distributed. My non-lawyer reading agrees that
    this doesn't appear to conflict with those terms, because we've
    been given written permission. Maybe upstream can fix it, but I
    don't see this as blocking distribution by Debian.

    I have been meaning to take the time to review the actual files in
    question, but given that I haven’t been able to do so and Don has, I
    would just like to state that I agree with his assessment. Assuming
    he is correct about LICENSE.TERMS applying to these files, and I have
    no reason to believe it doesn’t unless somewhere they are listed as excluded, then this license makes our distribution of these files
    DFSG-free. It doesn’t really matter that their header says they would
    not be DFSG-free if LICENSE.TERMS didn’t exist.

    Thank you, #466117 severity has been reconsidered and decreased from
    serious to minor.

    Best regards,
    Xavier

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