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Bug 465554 - Packages in sci-* categories without a visible license
Summary: Packages in sci-* categories without a visible license
Status: RESOLVED OBSOLETE
Alias: None
Product: Gentoo Linux
Classification: Unclassified
Component: New packages (show other bugs)
Hardware: All Linux
: Normal normal (vote)
Assignee: Gentoo Science Related Packages
URL:
Whiteboard:
Keywords: QAcanfix
Depends on:
Blocks: as-is-license
  Show dependency tree
 
Reported: 2013-04-11 17:18 UTC by Ulrich Müller
Modified: 2013-05-20 16:30 UTC (History)
8 users (show)

See Also:
Package list:
Runtime testing required: ---


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Description Ulrich Müller gentoo-dev 2013-04-11 17:18:39 UTC
The following packages are currently labelled "as-is". I cannot find any license in their distfiles or on their homepages:

   sci-astronomy/cdsclient
   sci-biology/trf
   sci-chemistry/babel
   sci-chemistry/gopenmol
   sci-chemistry/mars
   sci-chemistry/mm-align
   sci-chemistry/pdbmat
   sci-chemistry/xdsi
   sci-electronics/voacapl
   sci-libs/libcmatrix
   sci-libs/parmgridgen
   sci-mathematics/diagrtb
   sci-physics/herwig

Unless someone can provide information on their distribution terms, I suggest that we change them to LICENSE="all-rights-reserved" and add mirror and bindist restriction.
Comment 1 Thomas Beierlein gentoo-dev 2013-04-19 11:31:12 UTC
> sci-electronics/voacapl

One of the last sentences at http://www.qsl.net/hz1jw/voacapl said:

"This software is supplied 'as is' without any warranty, implied or otherwise."

I am not quite sure if that qualifies for an 'as-is' license? Comments please.
Comment 2 Justin Lecher (RETIRED) gentoo-dev 2013-04-19 11:35:43 UTC
Quoting the BSD license

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

This one also says "as-is".

As far as I understand our "as-is" license is only a palceholder.
If nothing is stated, then all rights stay with the creator which results in the new all-rights-reserved license.
Comment 3 Ulrich Müller gentoo-dev 2013-04-19 11:56:02 UTC
(In reply to comment #1)
> > sci-electronics/voacapl
> 
> One of the last sentences at http://www.qsl.net/hz1jw/voacapl said:
> 
> "This software is supplied 'as is' without any warranty, implied or
> otherwise."
> 
> I am not quite sure if that qualifies for an 'as-is' license? Comments
> please.

That's not a license, but just a warranty disclaimer. These have completely different functions:

- A license gives additional rights to the _user_ that he normally doesn't
  have, e.g. the right to distribute the software or the right to make
  modified versions.

- A warranty disclaimer protects the _author_ by limiting the obligations he
  has against the user (usually it says that the author has no obligations
  whatsoever). It doesn't give the user any additional rights.


(In reply to comment #2)
> Quoting the BSD license
> 
> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
> AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
> 
> This one also says "as-is".

Same as above, this is a disclaimer only. However, the important difference is that in the case of the BSD license it is preceded by a true license: "Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: [...]"
Comment 4 Thomas Beierlein gentoo-dev 2013-04-19 17:54:14 UTC
(In reply to comment #3)

> That's not a license, but just a warranty disclaimer. These have completely
> different functions:
> 
> - A license gives additional rights to the _user_ that he normally doesn't
>   have, e.g. the right to distribute the software or the right to make
>   modified versions.
> 
> - A warranty disclaimer protects the _author_ by limiting the obligations he
>   has against the user (usually it says that the author has no obligations
>   whatsoever). It doesn't give the user any additional rights.
> 
> 
Ok, I see. Thanks for clarification. Will change the ebuild as suggested and ask upstream to specify a license for future reference.
Comment 5 James Cloos 2013-04-19 21:26:47 UTC
wrt voacapl, the file voacapl/itshfbc/news/2000_all.txt notes that itshfbc is a work of the us government and thus public domain.

Things might be similar for the other listed packages.
Comment 6 Thomas Beierlein gentoo-dev 2013-04-25 07:47:59 UTC
(In reply to comment #5)
> wrt voacapl, the file voacapl/itshfbc/news/2000_all.txt notes that itshfbc
> is a work of the us government and thus public domain.
> 
> Things might be similar for the other listed packages.

That got confirmed by the follwoing upstream response to my question:

"The original voacap code has been released by the US government without
any licence or copyright.  I've respected this and not tried to add any
licence to the modifications that I've made.  Even a GPL style licence
would impose a restriction in that users who take the code would be
obliged to share their modifications.  While this is obviously
desirable, it's a limitation that was not present in the original code.
 I'm no lawyer but suspect that the Apache licence is probably the
closest to the intentions of the original authors as it doesn't impose
restrictions that would prevent the code entering the closed source
domain.  However, out of respect to the original authors, I didn't
attempt to retrospectively apply a licence to work that I had no part in
creating.  I'll write to Greg ad see if he has any thoughts on how to
licence the work "
Comment 7 James Cloos 2013-04-27 20:28:20 UTC
Note that it is not that the original authors released it w/o license.

It is that, as US fed govt employees creating a work as a part of their job, neither they nor the govt is permitted to copyright the work.  The US constitution declares that all output of out federal govt is in the public domain.

The changes and additons, however, are by default copyrighted and need to be licensed to the rest of us.  A 2-clause or 3-clause BSD license would be best for those.
Comment 8 Ulrich Müller gentoo-dev 2013-05-20 12:06:10 UTC
Should we split this bug, one bug per package?
Otherwise, I fear that there will be little progress.
Comment 9 Justin Lecher (RETIRED) gentoo-dev 2013-05-20 15:50:52 UTC
(In reply to comment #8)
> Should we split this bug, one bug per package?
> Otherwise, I fear that there will be little progress.

I would prefer splitting
Comment 10 Ulrich Müller gentoo-dev 2013-05-20 16:30:42 UTC
(In reply to comment #9)
> (In reply to comment #8)
> > Should we split this bug, one bug per package?
> 
> I would prefer splitting

Done, therefore closing this bug.

   sci-astronomy/cdsclient -> bug 470776
   sci-biology/trf         -> bug 470778
   sci-chemistry/babel     -> bug 470780
   sci-chemistry/gopenmol  -> bug 470782
   sci-chemistry/mars      -> bug 470784
   sci-chemistry/mm-align  -> bug 470786
   sci-chemistry/pdbmat    -> bug 470788
   sci-chemistry/xdsi      -> bug 470790
   sci-electronics/voacapl -> fixed, see comment #4
   sci-libs/libcmatrix     -> bug 470794
   sci-libs/parmgridgen    -> bug 470796
   sci-mathematics/diagrtb -> bug 470798
   sci-physics/herwig      -> bug 470800