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

[Rich Steele]

You may very well be OK with the open source requirement, depending on
how you incorporate the oracle jar into your LGPL'd application, whether
you modify it, etc.  But I don't see how you get out of the numerous
"Program Distribution" requirements.  It seems to me that you would need
Oracle to waive these requirements, or require users to separately
download the files from Oracle themselves (so Geotools isn't doing the
distribution).

> -----Original Message-----
> From: Chris Holmes [mailto:cholmes at openplans.org]
> Sent: Wednesday, March 29, 2006 2:06 PM
> To: Rich Steele
> Cc: Frank Warmerdam (External); incubator at incubator.osgeo.org
> Subject: Re: [Incubator] [Fwd: RE: Oracle Spatial and Open Source]
> 
> Hmmm... They said the open source requirement basically meant you
can't
> provide it by GPL.
> 
> They said they're interested in helping us out, so perhaps we could
see
> if they could distribute it to us in such a way that we don't need an
> extra EULA?
> 
> Rich Steele wrote:
> > 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
> 
> --
> Chris Holmes
> The Open Planning Project
> thoughts at: http://cholmes.wordpress.com