| Bug #44172 | IBM DB2 components license not GPL or GPL compatible | ||
|---|---|---|---|
| Submitted: | 9 Apr 2009 0:39 | Modified: | 10 Apr 2009 1:46 |
| Reporter: | Arjen Lentz | Email Updates: | |
| Status: | Closed | Impact on me: | |
| Category: | Licensing | Severity: | S2 (Serious) |
| Version: | 5.1.33 | OS: | Any |
| Assigned to: | CPU Architecture: | Any | |
| Tags: | db2, GPL, ibm, license | ||
[9 Apr 2009 9:00]
Valeriy Kravchuk
As we do not see a name of any known GPL-compatible license here (see http://www.gnu.org/philosophy/license-list.html#GPLCompatibleLicenses for the list) and as we see a kind of restriction on IBM name usage, I'd agree that this license is NOT GPL compatible formally.
[9 Apr 2009 10:16]
Arjen Lentz
I see this issue was just closed, but no indication provided as to how it was resolved. Was the license changed or the files removed from the tree? Please clarify I'm sure Debian will also want to know, you know how they feel about licensing.
[9 Apr 2009 14:09]
Jeffrey Pugh
Arjen, the issue was closed because we found the license to be compatible with GPL. *However*, I will follow up with Legal to double-check and I (or somebody else) will leave another note here.
[9 Apr 2009 17:38]
Trudy Pelzer
Sun Legal has provided the following information on this question: IBM contributed the DB2 code to us under its own version of a BSD-style license. Just as the BSD license does not conflict with the GPL, this IBM header/license text does not conflict with the GPL. To address the specific clauses of the IBM license text: -The IBM license says that redistribution is permitted provided that the list of conditions is retained. This does not preclude us from distributing the code under the GPL because we can reproduce the list of conditions and add the GPL without violating either the IBM license or the GPL. -The term in the IBM license restricting use of IBM's name to endorse or promote derivatives of the software is something that the GPL does not address and it does not conflict with the GPL. -The copyright notice text provided in the IBM license is the same type of information used under all licenses, including the GPL, to indicate ownership and does not conflict with the GPL. The warranty disclaimer is consistent with the GPL because the GPL requires those who distribute the software to notify recipients that it is provided without warranty.
[10 Apr 2009 1:46]
Arjen Lentz
Hi Jeffrey, Trudy! Thanks for the clarification, I agree that it is equivalent to BSD and thus compatible with GPL. Good to see that stated explicitly though, the issue getting closed with the original description becoming hidden was not clear at all in terms of what the situation was or what had been done. So thanks for rectifying.
[10 Apr 2009 12:53]
Baron Schwartz
From the FAQ http://solutions.mysql.com/engines/ibm_db2faq.html: "Is the source code for IBMDB2I Storage Engine available under the GPL? Yes. The source code for the IBMDB2I Storage Engine is available under the GPL. However, this storage engine acts as an “adapter” that enables MySQL to talk to the DB2 for i DB2. It is not the source code for DB2 itself." From what I've seen above (I've not actually downloaded it myself), that FAQ should be reworded slightly to say it's GPL-compatible, not GPL.
[14 Apr 2009 5:03]
Sanjay Manwani
Noted,will get the docs changed. Thanks.
Description: 5.1.33 source, storage/ibmdb2i directory. /* Licensed Materials - Property of IBM DB2 Storage Engine Enablement Copyright IBM Corporation 2007,2008 All rights reserved Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: (a) Redistributions of source code must retain this list of conditions, the copyright notice in section {d} below, and the disclaimer following this list of conditions. (b) Redistributions in binary form must reproduce this list of conditions, the copyright notice in section (d) below, and the disclaimer following this list of conditions, in the documentation and/or other materials provided with the distribution. (c) The name of IBM may not be used to endorse or promote products derived from this software without specific prior written permission. (d) The text of the required copyright notice is: Licensed Materials - Property of IBM DB2 Storage Engine Enablement Copyright IBM Corporation 2007,2008 All rights reserved THIS SOFTWARE IS PROVIDED BY IBM CORPORATION "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL IBM CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */ How to repeat: Review license Suggested fix: This is not a GPL (or compatible) license, and thus should not be included in the codebase until it is licensed under say GPL, LGPL, or BSD (or another GPL-compatible license).