Subject: Are future versions of OpenSSL going to be less free? - msg#00189

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Re: Are future versions of OpenSSL going to be less free?

Previously Martin Schulze wrote: > This could affect us as well. It talks about a donation from Sun > that includes patents and: ``the licence on the new code basically > builds a contract that says "if you use this code, you cannot sue > Sun"''. There are other clauses as well. On top of the OpenSSL license the Sun contribution adds this: * In addition, Sun covenants to all licensees who provide a reciprocal * covenant with respect to their own patents if any, not to sue under * current and future patent claims necessarily infringed by the making, * using, practicing, selling, offering for sale and/or otherwise * disposing of the ECC Code as delivered hereunder (or portions thereof), * provided that such covenant shall not apply: * 1) for code that a licensee deletes from the ECC Code; * 2) separates from the ECC Code; or * 3) for infringements caused by: * i) the modification of the ECC Code or * ii) the combination of the ECC Code with other software or * devices where such combination causes the infringement. * Which has the sue Sun bit in there, but also says that Sun can sue you if you * use any of Sun's IP contained in the code outside of this code (ie reuse it in another project) * modify any of the ECC code Which would definitely make it non-free. Wichert. -- _________________________________________________________________ /wichert@xxxxxxxxx This space intentionally left occupied \ | wichert@xxxxxxxxxxxxxxxx http://www.wiggy.net/ | | 1024D/2FA3BC2D 576E 100B 518D 2F16 36B0 2805 3CB8 9250 2FA3 BC2D |

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Re: Are future versions of OpenSSL going to be less free?

Previously Martin Schulze wrote: > This could affect us as well. It talks about a donation from Sun > that includes patents and: ``the licence on the new code basically > builds a contract that says "if you use this code, you cannot sue > Sun"''. There are other clauses as well. On top of the OpenSSL license the Sun contribution adds this: * In addition, Sun covenants to all licensees who provide a reciprocal * covenant with respect to their own patents if any, not to sue under * current and future patent claims necessarily infringed by the making, * using, practicing, selling, offering for sale and/or otherwise * disposing of the ECC Code as delivered hereunder (or portions thereof), * provided that such covenant shall not apply: * 1) for code that a licensee deletes from the ECC Code; * 2) separates from the ECC Code; or * 3) for infringements caused by: * i) the modification of the ECC Code or * ii) the combination of the ECC Code with other software or * devices where such combination causes the infringement. * Which has the sue Sun bit in there, but also says that Sun can sue you if you * use any of Sun's IP contained in the code outside of this code (ie reuse it in another project) * modify any of the ECC code Which would definitely make it non-free. Wichert. -- _________________________________________________________________ /wichert@xxxxxxxxx This space intentionally left occupied \ | wichert@xxxxxxxxxxxxxxxx http://www.wiggy.net/ | | 1024D/2FA3BC2D 576E 100B 518D 2F16 36B0 2805 3CB8 9250 2FA3 BC2D |