mecab-ipadic/LICENSE.Fedora

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===============================================
Mar 9th, 2007
Written by Mamoru Tasaka
<mtasaka@ioa.s.u-tokyo.ac.jp>
Clarification of the license of mecab-ipadic
on Fedora
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The English version of the license of mecab-ipadic
(which is included as "LICENSE.en" in this rpm )
contains the part which came from ICOT Free software
license, which contains the following paragraph.
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Each User may also freely distribute the Program, whether in its
original form or modified, to any third party or parties, PROVIDED
that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear
on, or be attached to, the Program, which is distributed substantially
in the same form as set out herein and that such intended
distribution, if actually made, will neither violate or otherwise
contravene any of the laws and regulations of the countries having
jurisdiction over the User or the intended distribution itself.
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At the time I was writing this document, debian regarded
mecab-ipadic as NON-free as they judged this paragraph problematic.
So I asked Mr. Tom "spot" Callaway if this software can be
legally accepted, and he asked FSF (The Free Software
Foundation) if they can accept this license as free.
The opinion of FSF on this passage was as below.
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Debian's beef is with the following paragraph of the license:
<This part is the same as the above paragraph>
They have two complaints. I've given my thoughts on both, but I can't
make a final determination on either; that would be for RMS and Eben.
* They believe that when the license talks about something being
"distributed substantially in the same form as set out herein," it's
referring to the program -- implying that you can't radically alter
the software (i.e., take a piece of it and incorporate it in some
totally different software). I understand why they think that. On
the other hand, I'm skeptical that this is the licensor's intent; I
think they just want to keep you from messing up the warranty
disclaimer too much. Unusually for Debian, apparently nobody tried to
clear this up with the original authors. It might be worthwhile to
try that. As it stands, I think we'd want to steer clear as well, as
we did with the original Artistic license.
* They object to the requirement that you follow the law. I'm not sure
if we have a general policy on this, but I know we've accepted similar
restrictions as being free before (the Intel Open Source License has
similar, though narrower, language), so I think we would still
consider the license free as well even with this text.
If you can get some kind of clarification on the first point, I'd be
happy to escalate this for further discussion.
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So Mr Callaway asked me to clarify the intend of the original author
with respect to the word "substantially".
However, according to the original Japanese version of
this license (which is included as "LICENSE.jp.html" in this rpm),
the part of the license which corresponds to the ICOT license
paragraph, which contains the words "substantially", reads
as below (in English):
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Each user of this program may freely use, modify and make a copy of
this program. "To modify this program" used herein includes
* to improve or to extend this program to make it better its
function, performance, and the quality
* to add programs and documents you created by yourself,
however, it ("to modify this program") is not limited to the above.
Each user of this program may distribute to others
this program itself, or the modified version of this program,
provided
* the section three ("no warranty") of this license is
included in it,
freely as long as the distribution won't violate the laws
which may relate to the distribution.
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So as mecab developers mention, who maintain mecab-ipadic
software currently, and also in my opinion, it does not seem
to appear in the Japanese license the part which corresponds to
the words "substantially in the same form". And in the Japanese
license it is mentioned what to call "the modified version", which
declares that the original developer imposes no limitation
for modifying this software.
Mr Callaway finally declared this license OK for Fedora
on Mar 8th, 2007.
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This is good. Add a text file which says exactly what you just said as
LICENSE.Fedora, include it in %doc, and it is ok for Fedora.
~spot
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