[pkg-nvidia-devel] nvidia-cuda-toolkit licensing

Joerg Jaspert joerg at debian.org
Sun Jul 18 09:02:50 UTC 2010

> However, when I reviewed the license terms for this package, I noticed
> that it has a term that wasn't present in the license for the regular
> graphics drivers, namely:


>   This Agreement will continue in effect for two (2) years ("Initial Term)
>   after Your initial download and use of the SOFTWARE, subject to the
>   exclusive right of NVIDIA to terminate as provided herein. The term of
>   this Agreement will automatically renew for successive one (1) year
>   renewal terms after the Initial Term, unless either party provides to
>   the other party at least three (3) months prior written notice of
>   termination before the end of the applicable renewal term.

> I'm concerned that this would be a problem for non-free due to our
> snapshots and archives of old distributions of Debian.  Have you run into
> this sort of thing before with other packages that were aimed at non-free?
> Do we have a policy about this sort of clause for non-free software?

What do they want from us here? It seems to extend the duration of the
time the license affects us for at least one year after we removed it
from non-free (or two years, should we remove it the day after accepting
it), automatically extending this another year until we tell each of our
users that we removed this software, 3 months before this fictive
renewal term (i guess day of acceptance in Debian)?
How would such a notice look? Normal entry in our removals file?
Personal mail to all downloaders? debian-news/debian-announce mail?
Release notes?

Also, does it affect Debian directly?
 1.1     "Licensee," "You," or "Your" shall mean the entity or individual
 that downloads and uses the SOFTWARE.
We dont use the software.

Though I can not see any bad in the license for Debian, besides this
thing being stupidly unclear for redistribution. The rights are
fine (for non-free shit), the limitations also. What thing is extended
there for us?

The other two paragraphs in that §3 are actually much easier and
 This Agreement will automatically terminate if Licensee fails to comply
 with any of the terms and conditions hereof. In such event, Licensee must
 destroy all copies of the SOFTWARE and all of its component parts.

Except that we dont destroy. We remove, following our normal
procedure. (Removing from archive, disabling access on snapshot)

For snapshot, as an example how we include it in license crap, even
accepted into main, see MPL license. We accept that, even though we have
to provide the source 2 years after the last time we provided any
binaries licensed such. Thats fine, as we can do it with snapshot.

> Attached below is the complete license.  (Note clause 2.1.3, which is the
> clause under which we'd be able to distribute it in non-free.)  Thanks in
> advance for guidance on this!

bye, Joerg
 dvdbackup (0.1.1-7) unstable; urgency=medium
   * The wiki-wacky-oaxtepec release

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