[Pkg-javascript-devel] Bug#733676: node-jsdom: tests license / can we re-distribute tests?

[Dmitry Smirnov]

Source: node-jsdom
Version: 0.2.13+dfsg1-1
Severity: minor

I've noticed that during DFSG-repackaging W3C test suite is dropped.
README.source explains:

   remove the testsuite, which has portions © W3C, under a non-free license
   <http://www.w3.org/Consortium/Legal/2008/04-testsuite-license.html>

But LICENSE.txt under "/test" in the original tar says:

   all level1,level2,level3 test cases were written by the w3c see:
   http://www.w3.org/Consortium/Legal/2008/04-testsuite-copyright.html
   for licensing

I checked the above link and found that actually tests are
dual-licensed under "BSD-3-clause" or "W3C Test Suite License".

I also checked archives.org to see whether W3C tests licensing has
changed since the package was introduced but found no changes:

    https://web.archive.org/web/20100610095930/http://www.w3.org/Consortium/Legal/2008/04-testsuite-copyright.html

It looks like tests are available under BSD-3-clause terms so perhaps
we could ship them. However header of "DOMTestCase.js" says:

    Copyright (c) 2001-2004 World Wide Web Consortium,
    (Massachusetts Institute of Technology, Institut National de
    Recherche en Informatique et en Automatique, Keio University). All
    Rights Reserved. This program is distributed under the W3C's Software
    Intellectual Property License. This program is distributed in the
    hope that it will be useful, but WITHOUT ANY WARRANTY; without even
    the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
    PURPOSE.
    See W3C License http://www.w3.org/Consortium/Legal/ for more details.

From the above page I have impression that "Software Intellectual
Property License" refers to "Test Suite Licenses" in which case
perhaps we could re-distribute tests under BSD-3-clause license.

So I wonder if we can ship tests after all? Am I missing something?

-- 
Best wishes,
 Dmitry Smirnov
 GPG key : 4096R/53968D1B
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