diff options
Diffstat (limited to 'nxcomp')
| -rw-r--r-- | nxcomp/LICENSE | 59 | ||||
| -rw-r--r-- | nxcomp/Misc.cpp | 6 | ||||
| -rw-r--r-- | nxcomp/README.on-retroactive-DXPC-license | 269 |
3 files changed, 328 insertions, 6 deletions
diff --git a/nxcomp/LICENSE b/nxcomp/LICENSE index 2b3203474..02ab0e272 100644 --- a/nxcomp/LICENSE +++ b/nxcomp/LICENSE @@ -1,4 +1,5 @@ -Copyright (c) 2001, 2010 NoMachine - http://www.nomachine.com/. +Copyright (c) 2001,2010 NoMachine - http://www.nomachine.com/. +Copyright (c) 2000,2003 Gian Filippo Pinzari NXCOMP library and NX extensions to X are copyright of NoMachine. Redistribution and use of this software is allowed according to the @@ -18,6 +19,8 @@ along with this program; if not, you can request a copy to NoMachine or write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA +============================================================================== + Parts of this software are derived from DXPC project. These copyright notices apply to original DXPC code: @@ -29,9 +32,59 @@ THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. -Copyright (c) 1995,1996 Brian Pane +Copyright (c) 1995,1996,2000,2006 Brian Pane Copyright (c) 1996,1997 Zachary Vonler and Brian Pane Copyright (c) 1999 Kevin Vigor and Brian Pane -Copyright (c) 2000,2006 Gian Filippo Pinzari and Brian Pane +<crossed-out>Copyright (c) 2000,2006 Gian Filippo Pinzari and Brian Pane</crossed-out> + +All rights reserved. + +============================================================================== + +Update 2015-05-21 on the nature of the original DXPC license: The +original DXPC code used to be available under a license which failed to +explicitly grant the permission to modify, but was later retroactively +re-licensed under the 2-clause BSD license (see +README.on-retroactive-DXPC-license for the copyright owners' statements; +see <https://bugs.debian.org/784565> for more details). + +In the course of discussion, it also became evident that Gian Filippo +Pinzari never participated in any of the official DXPC releases, but +rather worked on the forked code on the NoMachine side. Thus, we +crossed-out his name in the above copyright notice and moved him to the +top list of copyright holders associated with the GPL-2 re-licensing done +by NoMachine. +Thus, the version of DXPC where NXCOMP got forked from (most likely some +DXPC version between release 3.7.0 and release 3.8.0) can be considered +as BSD-2-clause, as quoted below: + +Copyright (c) 1995,1996 Brian Pane +Copyright (c) 1996,1997 Zachary Vonler and Brian Pane +Copyright (c) 1999-2002 Kevin Vigor and Brian Pane All rights reserved. + +Redistribution and use in source and binary forms, with or without +modification, are permitted provided that the following conditions are met: + +* Redistributions of source code must retain the above copyright + notice, this list of conditions and the following disclaimer. + +* Redistributions in binary form must reproduce the above copyright + notice, this list of conditions and the following disclaimer in the + documentation and/or other materials provided with the distribution. + +THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND +CONTRIBUTORS "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 REGENTS OR CONTRIBUTORS +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. diff --git a/nxcomp/Misc.cpp b/nxcomp/Misc.cpp index 0095eaa74..5d53524cf 100644 --- a/nxcomp/Misc.cpp +++ b/nxcomp/Misc.cpp @@ -384,9 +384,9 @@ static const char CopyrightInfo[] = Copyright (c) 2001, 2010 NoMachine, http://www.nomachine.com/.\n\ \n\ NXCOMP, NX protocol compression and NX extensions to this software \n\ -are copyright of NoMachine. Redistribution and use of the present\n\ -software is allowed according to terms specified in the file LICENSE\n\ -which comes in the source distribution.\n\ +are copyright of NoMachine. Redistribution (modified or unmodified) and +use of the present\n\ software is allowed according to terms specified in +the file LICENSE\n\ which comes in the source distribution.\n\ \n\ Check http://www.nomachine.com/licensing.html for applicability.\n\ \n\ diff --git a/nxcomp/README.on-retroactive-DXPC-license b/nxcomp/README.on-retroactive-DXPC-license new file mode 100644 index 000000000..d7fc8c560 --- /dev/null +++ b/nxcomp/README.on-retroactive-DXPC-license @@ -0,0 +1,269 @@ +On DXPC retroactive relicensing as BSD-2-clause +=============================================== + +TL;DR; In May 2015, all versions of DXPC released before version 3.8.1 (sometime +in 2002) have retroactively been re-licensed by all previous maintainers +of DXPC as BSD-2-clause. + +This README file gives an overview of the discussion thread that lead to +the retroactive re-licensing of DXPC. + +For the full discussion, see doc/DXPC_re-licensed::debbug_784565.mbox in +this source project or #784565 on the Debian bug tracker [1]. + +light+love, +20150521, Mike Gabriel <mike.gabriel@das-netzwerkteam.de> + +[1] https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=784565 + +------------------------------------------------------------------------------ + +STEP 1 +====== + +In May 2015, a serious license issue around the nxcomp code shipped in +this source project was raised and solved on the Debian bug tracker (thanks to +Francesco Poli and many others): http://bugs.debian.org/784565 + +""" +From: "Francesco Poli \(wintermute\)" <invernomuto@paranoici.org> +To: Debian Bug Tracking System <submit@bugs.debian.org> +Date: Wed, 06 May 2015 19:35:32 +0200 + +I noticed that the debian/copyright states: + +[...] +| Parts of this software are derived from DXPC project. These copyright +| notices apply to original DXPC code: +| +| Redistribution and use in source and binary forms are permitted provided +| that the above copyright notice and this paragraph are duplicated in all +| such forms. +| +| THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED +| WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF +| MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. +| +| Copyright (c) 1995,1996 Brian Pane +| Copyright (c) 1996,1997 Zachary Vonler and Brian Pane +| Copyright (c) 1999 Kevin Vigor and Brian Pane +| Copyright (c) 2000,2001 Gian Filippo Pinzari and Brian Pane +[...] + +This license lacks the permission to modify the DXPC code. +Hence, the original DXPC code does not appear to comply with the +DFSG. And the nx-libs-lite is in part derived from DXPC code. + +This basically means that nx-libs-lite includes parts which are +non-free (as they are derived from non-modifiable code) and +are also possibly legally undistributable (as they are non-modifiable, +but actually modified). The combination with the rest of nx-libs-lite +(which is GPL-licensed) may also be legally undistributable (since +the license with no permission to modify is GPL-incompatible). + + +If there's anything I misunderstood, please clarify. + +Otherwise, please address this issue as soon as possible. +The copyright owners for the original DXPC code should be +contacted and persuaded to re-license under GPL-compatible +terms. +""" +The issue has been settled by asking all recent maintainers (i.e., +copyright holders) of DXPC, to agree on considering the BSD-2-clause +license (as introduced in DXPC 3.8.1) retro-actively as the license of +all pre-3.8.1 DXPC releases. +""" + +STEP 2: +======= + +Kevin Vigor, the (at that time being) latest known maintainer of DXPC +replied back immediately and provided the info given below. He also +stated that he agrees to applying BSD-2-clause retroactively to all +pre-3.8.1 releases of DXPC. + +""" +From: Kevin Vigor <kevin@vigor.nu> +To: Mike Gabriel <mike.gabriel@das-netzwerkteam.de> +CC: 784565@bugs.debian.org, [...] +Subject: Re: Bug#784565: nx-libs-lite: parts are derived from non-free code + +Hi Mike, et al, + + I am not the original author of dxpc, that being Brian Pane. However, + I took over maintenance circa 1999 and am still the primary maintainer + (though the project has effectively been dead for most of a decade + now). + + As you are aware, when I inherited the code, it was licensed under a + variant of the BSD license that did not include the 'with + modification' clause. To the best of my recollection, somebody from + the FSF contacted me circa 2001 regarding this and as a result, + subsequent releases were done under a standard 2-clause BSD license + with the modification clause. Again, to the best of my recollection, I + contacted Brian about this change and he offered no objection. + + Further, I recall distinctly that NoMachine contacted me and + explicitly asked permission before including DXPC code in NX, which I + happily granted with no new conditions beyond the BSD license already + in play. + + It is possible, though by no means certain, that I could dig up + ancient email to corroborate this account if necessary. However, I am + more than willing to publicly state that I believe NoMachine's use of + DXPC code to be both legal and ethical, and that my intent when + changing the license to 2-clause BSD was simply to clarity the + existing intent and that it ought therefore be considered retroactive. + + Yours, + Kevin Vigor + +[...] +""" + +STEP 3: +------- + +We were not able to dig out any recent mail address of Zachary Volner, +another of the DXPC copyright holders, but a phone number. + +On Friday, May 15th, I (Mike Gabriel) called that phone number and left a +message on - hopefully - Zach's voicebox, asking him to mail me, so I +could explain everything. He mailed back and later on posted the below +statement to the Debian BTS, also expressing his agreement to the +retroactive re-licensing of DXPC. + +""" +Date: Mon, 18 May 2015 10:05:38 -0500 +Subject: Re: Bug#784565: nx-libs-lite: parts are derived from non-free code +From: Zach Vonler <zvonler@gmail.com> +To: 784565@bugs.debian.org + +On Thu, 14 May 2015 05:55:42 +0000 Mike Gabriel < +mike.gabriel@das-netzwerkteam.de> wrote: + +> +> TL;DR; So here comes my actual question: are you (Brian Pane, Zachary +> Vonler, Gian Filippo Pinzari) ok with retroactively regarding +> pre-3.8.1 code of DXPC (that you probably all worked on at that time) +> as BSD-2-clause? Are you ok with others having taken or taking the +> pre-3.8.1 DXPC code and distribute it in a modified form? +> + + +> A yes from all of you as DXPC copyright holders is essential for the +> continuation of nx-libs development under a free license. This may +> also possibly be an issue for NXv4 in case parts of it have been +> derived from DXPC. + + +Yes, I am fine with considering the license change to be retroactive to +cover the time I was the maintainer. + +I have no objections to others distributing modified versions of that code. + +Zach +""" + +STEP 4: +------- + +By 18th May 2015, Brian Pane had not mailed back to us. Hoping he is well +and alive. Giving my personal gratitude to him for his work on DXPC back +in the nighties. + +However, Kevin found an old archive of the DXPC mailing lists, esp. a +post by Brian expressing openness to modifications of all DXPC code +versions. + +We refer to this regarding his consent on the re-licensing. + +""" +Date: Mon, 18 May 2015 15:11:42 -0600 +From: Kevin Vigor <kevin@vigor.nu> +To: Mike Gabriel <mike.gabriel@das-netzwerkteam.de>, 784565@bugs.debian.org, Francesco Poli <invernomuto@paranoici.org> +CC: [...] +Subject: Re: Bug#784565: nx-libs-lite: parts are derived from non-free code + +By the way, poking around the interwebs I find there is an archive of the old DXPC mailing list available at: + +http://marc.info/?l=dxpc&r=1&w=2 + +I think you will find this of particular interest: + + +http://marc.info/?l=dxpc&m=93093790813555&w=2 + + +List: dxpc +Subject: Re: future tecnologies +From: Brian Pane <brianp () cnet ! com> +Date: 1999-07-02 16:42:18 +[Download message RAW] + +Kevin Vigor <kvigor@eng.ascend.com> wrote: +> On 01-Jul-99 dxpc@mcfeeley.cc.utexas.edu wrote: +> > Speaking of licensing, are you putting your 3.8.0 changes to the dxpc +> > code itself under GPL, or are they going to use the original dxpc's +> > licensing? +> +> No, as you can probably guess, I am no fan of the GPL. For stuff on +> this level, where my hacking is pretty simple and probably devoid of +> commercial value, I'll just release my changes to the public domain and +> give up even a copyright interest in them. +> +> Your and Zach's copyrights still stand, of course. +> +> I *think* that fact that we use the LZO library and API, but do not +> directly incorporate the code, allows us to escape the clutch of the GPL +> virus. +> +> btw, is there an original dxpc license? I haven't seen anything but a +> copyright notice, which to my non-lawyerly mind translates as "free to +> all the world as is, negotiate with copyright owner if modifying or +> including in some other product". + +The copyright banner in the Readme is all the documentation there's ever +been. My intent was to allow _any_ distribution, use, and modification +of the source, without imposing restrictions on the licensing style of +any system into which others might incorporate the code. We probably +should start stating this clearly in the distributions. + +-brian + +[prev in list] [next in list] [prev in thread] [next in thread] +""" + +STEP 5: +------- + +Last but not least, Kevin informed us that Gian Filippo Pinzari never +contributed any code to any of the official DPXC releases. So we assumed +that his copyrights on the code stem from the time where he - under the +NoMachine umbrella - worked on the code and should probably be associated +with the GPL-2 re-licensing of the code later on done by NoMachine +(which we did in the LICENSE file). + +It also appears, that there has been an incongruity between the copyright +statement in nxcomp/Misc.cpp and nxcomp/LICENSE for Gian Filippo Pinzari. +We used the copyright years (2000,2003) from nxcomp/Misc.cpp instead of +those originally given in nxcomp/LICENSE (2000,2006). + +""" +Date: Mon, 18 May 2015 19:16:25 -0600 +From: Kevin Vigor <kevin@vigor.nu> +To: Francesco Poli <invernomuto@paranoici.org>, + Mike Gabriel <mike.gabriel@das-netzwerkteam.de> +CC: 784565@bugs.debian.org, [...] +Subject: Re: [pkg-x2go-devel] Bug#784565: Bug#784565: nx-libs-lite: parts are derived from non-free code + +On 5/18/2015 4:14 PM, Francesco Poli wrote: +> If it is confirmed that Gian Filippo contributed to the forking of +> DXPC within the NoMachine project, but not directly to DXPC, then I +> think that he made his contributions available under the terms of the +> GPL v2 of the NoMachine project. If this is the case, no feedback +> should be required from his side. +I can confirm that Gian Fillippo never contributed directly to DXPC. +You'll note his name does not appear in the DXPC README, and never has. +""" |