Re: GPL + disclaimer variants

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On Wed, May 22, 2019 at 3:39 PM Thomas Gleixner <tglx@xxxxxxxxxxxxx> wrote:
>
> Hi!
>
> Just to make the scope a bit clearer. I just did some statistics on 5
> variants of disclaimers. That's not complete as it was just a quick and
> dirty hack to gather the information.
>
> 1) The simple one Richard pointed out today (Rule 80)
>
>        This program is licensed "as is" without any warranty of any kind,
>        whether express or implied.
>
>    Files total:                         592
>
>    Files without Copyright notice:       94     (needs git archaeology)
>
>    Copyright holders:                   177
>
>    At least two of the copyright holders have passed away and I just quick
>    checked a few weird company names and found 3 which have not left any
>    traces on Gurgle. Quite a few company names have gone through various
>    acquisitions ....

This seems like a likely candidate then to add to the SPDX license list
as its own identifier,  there are a lot of parallels to the Linux_OpenIB.
>
> 2) The Alan Cox variant:
>
>    Neither $NAME nor $CORP admit liability nor provide warranty for any of
>    this software. This material is * provided "AS-IS" and at no charge.
>
>    Files total:                         22
>
>    Names/Companies in the disclaimer:   7/5
>
>    Most of it is Alan Cox, but there are a few other names there as
>    well. No idea whether those people can still be reached. Two names sound
>    familiar enough though.
>
>
> 3) The BSD style disclaimer (assumed to originate from TI/RidgeRun)
>
>     THIS  SOFTWARE  IS PROVIDED   ``AS  IS'' AND   ANY  EXPRESS OR IMPLIED
>     WARRANTIES,   INCLUDING, BUT NOT  LIMITED  TO, THE IMPLIED WARRANTIES OF
>     MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN
>     NO  EVENT  SHALL   THE AUTHOR  BE    LIABLE FOR ANY   DIRECT, INDIRECT,
>     INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
>     NOT LIMITED   TO, PROCUREMENT OF  SUBSTITUTE GOODS  OR SERVICES; LOSS OF
>     USE, DATA,  OR PROFITS; OR  BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
>     ANY THEORY OF LIABILITY, WHETHER IN  CONTRACT, STRICT LIABILITY, OR TORT
>     (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
>     THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
>
>    Files total:                           97
>
>    Files without Copyright notice:        10    (needs git archaeology)
>
>    Copyright holders:                     35
>
>    A mix of indivuduals and corporates
>
>      IDT, AMD, ATecoM, Bosch, Lemote, Alchemy Semi, Montavista, TI, Nokia,
>      Toshiba, RidgeRun, PMC-Sierra, Embedded Edge, Accelent, Flaga Medical
>      Devices.
>
>      Some of them have been through one or more acquisitons ...
>
>   Many of the individuals are OpenWRT folks, but also names without a
>   proper trace.

This one is a bit more ambiguous as to whether it warrants its own id or not.
Can you send me the filepaths to the 10 files without copyright notices?

>
>
> 4) The Samsung beast
>
>     This program is provided "AS IS" and "WITH ALL FAULTS" and
>     without warranty of any kind. You are solely responsible for
>     determining the appropriateness of using and distributing
>     the program and assume all risks associated with your exercise
>     of rights with respect to the program, including but not limited
>     to infringement of third party rights, the risks and costs of
>     program errors, damage to or loss of data, programs or equipment,
>     and unavailability or interruption of operations. Under no
>     circumstances will the contributor of this Program be liable for
>     any damages of any kind arising from your use or distribution of
>     this program.
>
>
>    Files:                               7
>
>    Copyright holders:                   2
>
>              Samsung and a few files have a LF copyright as well
>
>    Samsung has been cleaning up their files over the last year so this one
>    should be possible to get rid off. No idea whom to talk to though.

Jilayne,  do you have a current contact here?   Otherwise,  I can see
if we can track one down through Shuah or Ibrahim.

>
> 5) The IBM magic one
>
>      NO WARRANTY
>      THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
>      CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
>      LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
>      MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is
>      solely responsible for determining the appropriateness of using and
>      distributing the Program and assumes all risks associated with its
>      exercise of rights under this Agreement, including but not limited to
>      the risks and costs of program errors, damage to or loss of data,
>      programs or equipment, and unavailability or interruption of operations.
>
>      DISCLAIMER OF LIABILITY
>      NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY
>      DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
>      DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND
>      ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
>      TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
>      USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
>      HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
>
>    Files total:                        56
>
>    The newest additon of that beast happened in 2012. Copy and paste are
>    your friend!
>
>    Copyright holders:
>
>              IBM, LSI, Applied Micro Circuits, Avago Technologies,
>              Microsemi Corporation, PMC-Sierra Inc., ATTO Technology Inc.,
>              Adaptec Inc, Dell, 3ware, Suse
>
>              Adaptec, PMC-Sierra, Microsemi are now 'Microchip Technology Inc'
>
>              3ware, Applied Micro are now MACOM Technology Solutions
>
>              LSI, Avago are now Broadcom
>
>
> We surely should be able to cleanup a few of these things (hopefuly the
> Samsung one) in the foreseeable future, but the rest is going to be very
> interesting and time consuming.
>
> I'm also not sure whether I catched all the fancy disclaimer variants, so
> there is a good chance that the above 774 instances are just a fraction of
> the total damage.

Thanks for the useful summary and scoping the problem!

Kate



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