On Tue, Oct 27, 2020 at 5:15 PM Pamela Chestek <pchestek@xxxxxxxxx> wrote: > > Curious why the absence of any kind of license grant isn't a non-starter ... Oh yes, that too :-) I'm not completely sure if this page applies to the toolkit: https://naif.jpl.nasa.gov/naif/rules.html But I might read it as indicating that NASA is informally granting a very broad "SunRPC-style" license. In particular: "Simple redistribution of the complete Toolkit, such as from a mirror site, is prohibited without prior clearance from NAIF. However, including the SPICE Toolkit library modules and relevant SPICE Toolkit programs and allied User Guides as part of a package supporting a customer-built SPICE-based tool is entirely appropriate." The SunRPC restriction by itself would make the terms non-FOSS. Richard > On Tue, Oct 27, 2020 at 4:19 PM Richard Fontana <rfontana@xxxxxxxxxx> wrote: >> >> On Tue, Oct 27, 2020 at 2:38 PM Mattia Verga >> <mattia.verga@xxxxxxxxxxxxxx> wrote: >> > >> > The libpasastro package is going to bundle the NAIF/Spice toolkit from Jet Propulsion Laboratory. >> > The source code seems to be publicly available, no license file is included with the code, but in the headers there's this license text: >> > >> > THIS SOFTWARE AND ANY RELATED MATERIALS WERE CREATED BY THE >> > CALIFORNIA INSTITUTE OF TECHNOLOGY (CALTECH) UNDER A U.S. >> > GOVERNMENT CONTRACT WITH THE NATIONAL AERONAUTICS AND SPACE >> > ADMINISTRATION (NASA). THE SOFTWARE IS TECHNOLOGY AND SOFTWARE >> > PUBLICLY AVAILABLE UNDER U.S. EXPORT LAWS AND IS PROVIDED "AS-IS" >> > TO THE RECIPIENT WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY >> > WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A >> > PARTICULAR USE OR PURPOSE (AS SET FORTH IN UNITED STATES UCC >> > SECTIONS 2312-2313) OR FOR ANY PURPOSE WHATSOEVER, FOR THE >> > SOFTWARE AND RELATED MATERIALS, HOWEVER USED. >> > >> > IN NO EVENT SHALL CALTECH, ITS JET PROPULSION LABORATORY, OR NASA >> > BE LIABLE FOR ANY DAMAGES AND/OR COSTS, INCLUDING, BUT NOT >> > LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, >> > INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, >> > REGARDLESS OF WHETHER CALTECH, JPL, OR NASA BE ADVISED, HAVE >> > REASON TO KNOW, OR, IN FACT, SHALL KNOW OF THE POSSIBILITY. >> > >> > RECIPIENT BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF >> > THE SOFTWARE AND ANY RELATED MATERIALS, AND AGREES TO INDEMNIFY >> > CALTECH AND NASA FOR ALL THIRD-PARTY CLAIMS RESULTING FROM THE >> > ACTIONS OF RECIPIENT IN THE USE OF THE SOFTWARE. >> > >> > Is this license acceptable for inclusion in Fedora? I have a doubt about the part "PUBLICLY AVAILABLE UNDER U.S. EXPORT LAWS"... >> >> My concern would be the "agree to indemnify" clause at the end. >> Historically, Fedora has rejected several FOSS-like licenses because >> of overbroad requirements to indemnify upstream licensors (there are >> narrower ones in certain commonly-encountered FOSS licenses -- Apache >> License 2.0, various versions of the MPL, and IIRC various members of >> the EPL family -- that are treated as acceptable, if only because >> they've been grandparented in). >> >> I'm open to being convinced that arbitrary indemnification obligations >> should be acceptable in FOSS licenses, but I'm not aware that anyone >> has yet made that argument. >> >> Richard >> _______________________________________________ >> legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx >> To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx >> Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ >> List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines >> List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx 924560232781635784812612 _______________________________________________ legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/ List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx
