[Incubator] [Fwd: RE: Oracle Spatial and Open Source]

[Rich Steele]

Chris,

While it is true that you can distribute the Oracle jars under their
license, you should know that such distribution can only be made under a
proprietary license with some significant strings attached.  See
attached for the OTN terms.  Pay particular attention to the following
language, which seems very inconsistent with your intended use in
Geotools:

Program Distribution
We grant you a nonexclusive, nontransferable right to copy and
distribute the programs to your end users provided that you do not
charge your end users for use of the programs and provided your end
users may only use the programs to run your applications for their
business operations.  Prior to distributing the programs you shall
require your end users to execute an agreement binding them to terms
consistent with those contained in this 
section and the sections of this agreement entitled "License Rights,"
"Ownership and Restrictions," "Export," "Disclaimer of Warranties and
Exclusive Remedies," "No Technical Support," "End of Agreement,"
"Relationship Between the Parties," and "Open Source." You must also
include a provision stating that your end users shall have no right to
distribute the programs, and a provision specifying us as a third party
beneficiary of 
the agreement.  You are responsible for obtaining these agreements with
your end users.

Open Source
You may not develop a software program using an Oracle program and an
Open Source program where such use results in a program file(s) that
contains code from both the Oracle program and the Open Source program
(including without limitation libraries) if the Open Source program is
licensed under a license that requires any "modifications" be made
freely available.

We use these same jars in our Topobase product and we have had to
include a separate proprietary EULA in order to comply with the OTN
terms.

-Rich

> -----Original Message-----
> From: Chris Holmes [mailto:cholmes at openplans.org]
> Sent: Wednesday, March 29, 2006 12:46 PM
> To: Frank Warmerdam (External)
> Cc: incubator at incubator.osgeo.org
> Subject: Re: [Incubator] [Fwd: RE: Oracle Spatial and Open Source]
> 
> 
> 
> Frank Warmerdam wrote:
> > Chris Holmes wrote:
> >
> >> Looks like we're in the clear to redistribute the oracle jars with
our
> >> downloads.  Rich, is there a good place for us to gather this kind
of
> >> review stuff?  Or just throw it in the wiki?
> >
> >
> > Chris,
> >
> > Assuming you have the Jar in SVN, I would strongly encourage you to
> include
> > a README right next to the jar in SVN with all the details spelled
out
> > so it
> > isn't hard to find the info in the future.
> Makes sense.  We don't actually store the jar in SVN, but we can do
the
> equivalent, spread readme's at the places one would look.
> 
> Chris
> 
> >
> > Best regards,
> 
> --
> Chris Holmes
> The Open Planning Project
> thoughts at: http://cholmes.wordpress.com

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Last updated: 03/09/05