[En-Nut-Discussion] RFC: License Considerations

[Bernard Fouché]

Le 14/06/2012 03:05, Thiago A. Corrêa a écrit :
> Hi,
>
> On Wed, Jun 13, 2012 at 6:51 PM, Uwe Bonnes
> <bon at elektron.ikp.physik.tu-darmstadt.de>  wrote:
>>>>>>> "Harald" == Harald Kipp<harald.kipp at egnite.de>  writes:
>> ...
>>
>>     Harald>  included. The user, who wants to use this, has to explicitly
>>     Harald>  enable the RealNetworks RPSL/RCSL option in the Configurator to
>>     Harald>  include this code into the Nut/OS libraries.
>>
>> +1 for a configurator option to ask the user to accept that license.
> It would be easy to make a tree branch in the configurator for
> licenses and have the user accept licenses, then make components
> depend on it as they depend on a given MCU or compiler but It's a
> little bad on usability however.
>
IMHO, the Freescale license has several problems. First:

INDEMNITY. You agree to fully defend and indemnify Freescale from any 
and all claims, liabilities, and
costs (including reasonable attorney's fees) related to *(1) your use 
(including your sublicensee's use, if
permitted) of the Software* or (2) your violation of the terms and 
conditions of this Agreement.

They can ask money to anyone, including Egnite, just because they wanted 
to check that the license was correctly used.

The second problem is:

COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. This software may be subject 
to the U.S.
Export Regulations and/or the regulatory authority of the country in 
which the download takes place. By
downloading this software you understand and agree to comply with all 
applicable export control regulations
when further transferring or exporting the software either as downloaded 
or as integrated into other software or
commodities.

If followed strictly, each time Egnite, or any user of the software btw, 
export the code, as source or binary, the concerned persons must handle 
what's often called an ECS (End Consignee Document): you have to list 
all the countries where the code/product using the code can be exported, 
make sure it's okay with the US list of authorized country, make sure 
the declared use of the code fits with export restrictions and keep this 
ECS available if ever Uncle Sam ask for it, or if ever Freescale ask for 
it (then see the previous point)... It's like signing a check and 
waiting for Freescale to come and write the amount they want, whenever 
they want. Even making the code available for anyone to download without 
checking the ECS stuff could be considered a violation of US export 
laws. If an Iranian engineer drives a centrifuge with a board running 
NutOs with some code from Freescale, theoretically you're in trouble ! I 
would never use a piece code having such a license, at least for 
embedded devices that can be (re) exported anywhere.

   Bernard