Questions about GRASS license and other more restrictive licenses

[rabotin]

Hello all,
I've got a question concerning the license of GRASS.
I'm working for a public french research center (INRA : French National
Institute for Agricultural Research) ; we have developped a series of
scripts in shell and perl languages for GRASS.
These procedures are made for an informatic platform which is able to
download under a license more restrictive than GPL license .
And these procedures for GRASS will be accessible for download under
this license too.
So my question is : is this kind of license (a license more restrictive
than GPL license) compatible with developing shell scripts for GRASS (as
GRASS license is GPL license) or not ?
Thanks for any informations you can provide

Here you can read the following lines in the license provided with the
informatic platform (and this license will be the same for these GRASS
scripts) :

2) License of the software
==========================
a) INRA grants to You by this agreement a non-exclusive, world-wide and
royalty-free license to use the software to the end described hereunder
in the domain of the license, as long as You will comply with the terms
and conditions of this agreement.
b) You are authorised to download, install, execute the software on your
computer within the limit of one license for one computer (one hard
disk).
c) Except specific and written agreement of INRA, You are not allowed
to download, install or execute the software on a server.
d) You are not authorised to rent, sell, sublease, distribute, assign,
transfer, license, sublicense or otherwise share the software or one of
INRA’s rights on the software.
e) You are authorised to make a back-up copy of the software provided
You will not use it on any else computer. You are responsible of the
physical security of this copy and of the software.
f) You may personalize the set up of the software or extend its
functions. As well, You may translate, adapt, fix, modify the software
when theses acts are necessary for the use of the software in accordance
with this agreement.
g) INRA reserves the right to correct errors and to determine the
specific forms to which the following acts will be submitted:
The copy of the source code of the software or the translation of this
code are allowed when they are essential for the good working order of
the software with other softwares and when they are essential for the
use of the software in the domain of the license.
Furthermore, You are not authorized to reverse engineer, disassemble or
decompile the software.
Necessary information for good working order with other softwares is
available by INRA, without implying as regard to INRA any undertaking
to supply any assistance or services associated with the software.
h) You are not authorised to extract (that is transfer permanently or
temporarily) whole or a part of the content of the software (data) onto
an other medium, by any mean and in any form. Moreover, you are neither
authorised to re-use (that is to put at the public’s disposal) whole or
a part of the content of the software (data) whatever the form may be.
i) Your are allowed to produce supplementary modules for the software,
to improve or adapt the software provided however that the use of these
modules, supplementary versions, improvements, additions or upgrades
will be used in accordance with this agreement and strictly in the
domain of the licence.
In particular, You undertake to communicate these improvements or
modules to INRA and to allow INRA to use them for its own research
purposes.
If the improvements or modules are dependant upon the software
(according to code de la propriété intellectuelle), You may not disclose
or transfer them to third parties without the prior and written consent
of INRA on the forms of this distribution.
If the improvement or modules are not dependant upon the software
(according to code de la propriété intellectuelle), You may disclose
and transfer them to third parties, provided You indemnify and hold
harmless INRA with respect to any suit, claim or proceeding brought by
a third party.

Michael Rabotin

--
*********************************

Michaël Rabotin
Ingénieur d'étude en géomatique

Laboratoire d'étude des Interactions Sol, Agrosystème et Hydrosystème
UMR LISAH SupAgro-INRA-IRD
Bat. 24
2 place Viala
34060 Montpellier cedex 1
FRANCE

Téléphone :  33 (0)4 99 61 23 85
Secrétariat : 33 (0)4 99 61 22 61
Fax : [phone]
E-mail : [hidden email]

*********************************

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grass-user mailing list
[hidden email]
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[hamish-2]

are you distributing GRASS? do you combine your scripts with GRASS and
ship it as a single product? if so, the GPL applies and you have a choice
of either distributing the entire package using GPL and GPL-compatible
licenses, or not ship GRASS with it.

what is the nature of the informatic platform?

the license below is clearly not GPL-compatible.

Your scripts are by you, and so you own the copyright and can use,
license & distribute those however you like; but as you do not hold
copyright over the GRASS software you must respect the terms it
comes with if you wish to distribute a bundled-GRASS to others.

If you do not distribute GRASS (in whole or in part), then its license
is irrelevant.


regards,
Hamish


rabotin wrote:

> I've got a question concerning the license of GRASS.
> I'm working for a public french research center (INRA :
> French National Institute for Agricultural Research) ; we
> have developped a series of scripts in shell and perl
> languages for GRASS.
> These procedures are made for an informatic platform which
> is able to download under a license more restrictive than
> GPL license .
> And these procedures for GRASS will be accessible for
> download under this license too.
> So my question is : is this kind of license (a license more
> restrictive than GPL license) compatible with developing
> shell scripts for GRASS (as GRASS license is GPL license) or
> not ?
> Thanks for any informations you can provide
>
> Here you can read the following lines in the license
> provided with the informatic platform (and this license will
> be the same for these GRASS scripts) :
>
> 2) License of the software
> ==========================
> a) INRA grants to You by this agreement a non-exclusive,
> world-wide and
> royalty-free license to use the software to the end
> described hereunder
> in the domain of the license, as long as You will comply
> with the terms and conditions of this agreement.
> b) You are authorised to download, install, execute the
> software on your
> computer within the limit of one license for one computer
> (one hard disk).
> c) Except specific and written agreement of INRA, You are
> not allowed to download, install or execute the software on a server.
> d) You are not authorised to rent, sell, sublease,
> distribute, assign,
> transfer, license, sublicense or otherwise share the
> software or one of INRA’s rights on the software.
> e) You are authorised to make a back-up copy of the
> software provided
> You will not use it on any else computer. You are
> responsible of the
> physical security of this copy and of the software.
> f) You may personalize the set up of the software or extend its
> functions. As well, You may translate, adapt, fix, modify
> the software
> when theses acts are necessary for the use of the software
> in accordance with this agreement.
> g) INRA reserves the right to correct errors and to determine the
> specific forms to which the following acts will be submitted:
> The copy of the source code of the software or the
> translation of this
> code are allowed when they are essential for the good
> working order of
> the software with other softwares and when they are
> essential for the
> use of the software in the domain of the license.
> Furthermore, You are not authorized to reverse engineer,
> disassemble or decompile the software.
> Necessary information for good working order with other
> softwares is
> available by INRA, without implying as regard to INRA any
> undertaking
> to supply any assistance or services associated with the
> software.
> h) You are not authorised to extract (that is transfer
> permanently or
> temporarily) whole or a part of the content of the software
> (data) onto
> an other medium, by any mean and in any form. Moreover, you
> are neither
> authorised to re-use (that is to put at the public’s
> disposal) whole or
> a part of the content of the software (data) whatever the
> form may be.
> i) Your are allowed to produce supplementary modules for
> the software,
> to improve or adapt the software provided however that the
> use of these
> modules, supplementary versions, improvements, additions or
> upgrades
> will be used in accordance with this agreement and strictly
> in the
> domain of the licence.
> In particular, You undertake to communicate these
> improvements or
> modules to INRA and to allow INRA to use them for its own
> research
> purposes.
> If the improvements or modules are dependant upon the
> software
> (according to code de la propriété intellectuelle), You
> may not disclose
> or transfer them to third parties without the prior and
> written consent
> of INRA on the forms of this distribution.
> If the improvement or modules are not dependant upon the
> software
> (according to code de la propriété intellectuelle), You
> may disclose
> and transfer them to third parties, provided You indemnify
> and hold
> harmless INRA with respect to any suit, claim or proceeding
> brought by a third party.
>
> Michael Rabotin
>
> -- *********************************
>
> Michaël Rabotin
> Ingénieur d'étude en géomatique
>
> Laboratoire d'étude des Interactions Sol, Agrosystème et
> Hydrosystème
> UMR LISAH SupAgro-INRA-IRD
> Bat. 24
> 2 place Viala
> 34060 Montpellier cedex 1 FRANCE
>
> Téléphone :  33 (0)4 99 61 23 85
> Secrétariat : 33 (0)4 99 61 22 61
> Fax : [phone]
> E-mail : [hidden email]
>
> *********************************
>
> _______________________________________________
> grass-user mailing list
> [hidden email]
> http://lists.osgeo.org/mailman/listinfo/grass-user
>

_______________________________________________
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[hidden email]
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[Maris Nartiss]

Sorry for interupting but does GPL applays also to (not linked) shell
scripts? If they don't use any GPLed parts in them and only call GRASS
modules, then IMHO they can ship non-GPL scripts with GPL software.
Requirement to provide GPLed part source on request still applays.

Not an expert,
Maris.

2009/10/14, Hamish <[hidden email]>:

> are you distributing GRASS? do you combine your scripts with GRASS and
> ship it as a single product? if so, the GPL applies and you have a choice
> of either distributing the entire package using GPL and GPL-compatible
> licenses, or not ship GRASS with it.
>
> what is the nature of the informatic platform?
>
> the license below is clearly not GPL-compatible.
>
> Your scripts are by you, and so you own the copyright and can use,
> license & distribute those however you like; but as you do not hold
> copyright over the GRASS software you must respect the terms it
> comes with if you wish to distribute a bundled-GRASS to others.
>
> If you do not distribute GRASS (in whole or in part), then its license
> is irrelevant.
>
>
> regards,
> Hamish
>
>
> rabotin wrote:
>> I've got a question concerning the license of GRASS.
>> I'm working for a public french research center (INRA :
>> French National Institute for Agricultural Research) ; we
>> have developped a series of scripts in shell and perl
>> languages for GRASS.
>> These procedures are made for an informatic platform which
>> is able to download under a license more restrictive than
>> GPL license .
>> And these procedures for GRASS will be accessible for
>> download under this license too.
>> So my question is : is this kind of license (a license more
>> restrictive than GPL license) compatible with developing
>> shell scripts for GRASS (as GRASS license is GPL license) or
>> not ?
>> Thanks for any informations you can provide
>>
>> Here you can read the following lines in the license
>> provided with the informatic platform (and this license will
>> be the same for these GRASS scripts) :
>>
>> 2) License of the software
>> ==========================
>> a) INRA grants to You by this agreement a non-exclusive,
>> world-wide and
>> royalty-free license to use the software to the end
>> described hereunder
>> in the domain of the license, as long as You will comply
>> with the terms and conditions of this agreement.
>> b) You are authorised to download, install, execute the
>> software on your
>> computer within the limit of one license for one computer
>> (one hard disk).
>> c) Except specific and written agreement of INRA, You are
>> not allowed to download, install or execute the software on a server.
>> d) You are not authorised to rent, sell, sublease,
>> distribute, assign,
>> transfer, license, sublicense or otherwise share the
>> software or one of INRA’s rights on the software.
>> e) You are authorised to make a back-up copy of the
>> software provided
>> You will not use it on any else computer. You are
>> responsible of the
>> physical security of this copy and of the software.
>> f) You may personalize the set up of the software or extend its
>> functions. As well, You may translate, adapt, fix, modify
>> the software
>> when theses acts are necessary for the use of the software
>> in accordance with this agreement.
>> g) INRA reserves the right to correct errors and to determine the
>> specific forms to which the following acts will be submitted:
>> The copy of the source code of the software or the
>> translation of this
>> code are allowed when they are essential for the good
>> working order of
>> the software with other softwares and when they are
>> essential for the
>> use of the software in the domain of the license.
>> Furthermore, You are not authorized to reverse engineer,
>> disassemble or decompile the software.
>> Necessary information for good working order with other
>> softwares is
>> available by INRA, without implying as regard to INRA any
>> undertaking
>> to supply any assistance or services associated with the
>> software.
>> h) You are not authorised to extract (that is transfer
>> permanently or
>> temporarily) whole or a part of the content of the software
>> (data) onto
>> an other medium, by any mean and in any form. Moreover, you
>> are neither
>> authorised to re-use (that is to put at the public’s
>> disposal) whole or
>> a part of the content of the software (data) whatever the
>> form may be.
>> i) Your are allowed to produce supplementary modules for
>> the software,
>> to improve or adapt the software provided however that the
>> use of these
>> modules, supplementary versions, improvements, additions or
>> upgrades
>> will be used in accordance with this agreement and strictly
>> in the
>> domain of the licence.
>> In particular, You undertake to communicate these
>> improvements or
>> modules to INRA and to allow INRA to use them for its own
>> research
>> purposes.
>> If the improvements or modules are dependant upon the
>> software
>> (according to code de la propriété intellectuelle), You
>> may not disclose
>> or transfer them to third parties without the prior and
>> written consent
>> of INRA on the forms of this distribution.
>> If the improvement or modules are not dependant upon the
>> software
>> (according to code de la propriété intellectuelle), You
>> may disclose
>> and transfer them to third parties, provided You indemnify
>> and hold
>> harmless INRA with respect to any suit, claim or proceeding
>> brought by a third party.
>>
>> Michael Rabotin
>>
>> -- *********************************
>>
>> Michaël Rabotin
>> Ingénieur d'étude en géomatique
>>
>> Laboratoire d'étude des Interactions Sol, Agrosystème et
>> Hydrosystème
>> UMR LISAH SupAgro-INRA-IRD
>> Bat. 24
>> 2 place Viala
>> 34060 Montpellier cedex 1 FRANCE
>>
>> Téléphone :  33 (0)4 99 61 23 85
>> Secrétariat : 33 (0)4 99 61 22 61
>> Fax : [phone]
>> E-mail : [hidden email]
>>
>> *********************************
>>
>> _______________________________________________
>> grass-user mailing list
>> [hidden email]
>> http://lists.osgeo.org/mailman/listinfo/grass-user
>>
>
>
>
> _______________________________________________
> grass-user mailing list
> [hidden email]
> http://lists.osgeo.org/mailman/listinfo/grass-user
>

_______________________________________________
grass-user mailing list
[hidden email]
http://lists.osgeo.org/mailman/listinfo/grass-user

[hamish-2]

Maris wrote:
> Sorry for interupting but does GPL applays also to (not linked) shell
> scripts? If they don't use any GPLed parts in them and only
> call GRASS modules, then IMHO they can ship non-GPL scripts with GPL
> software.

That is what the LGPL exists for...

> Requirement to provide GPLed part source on request still
> applays.

In our case GRASS shell scripts use g.parser, and so GPL code becomes
part of the resulting program.

The independence/derivative product test is if the bundled program would
still fully function if the GPL things were removed.


If you bundle dependent code with GPL and ship it, the entire thing must
be GPL compatible. If you bundle non-dependent code with GPL code and
ship it, then the operating-system clause applies which says it's ok.


Hamish




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[Jarosław Jasiewicz]

rabotin pisze:

> Hello all,
> I've got a question concerning the license of GRASS.
> I'm working for a public french research center (INRA : French
> National Institute for Agricultural Research) ; we have developped a
> series of scripts in shell and perl languages for GRASS.
> These procedures are made for an informatic platform which is able to
> download under a license more restrictive than GPL license .
> And these procedures for GRASS will be accessible for download under
> this license too.
> So my question is : is this kind of license (a license more
> restrictive than GPL license) compatible with developing shell scripts
> for GRASS (as GRASS license is GPL license) or not ?
> Thanks for any informations you can provide
>
> Here you can read the following lines in the license provided with the
> informatic platform (and this license will be the same for these GRASS
> scripts) :
>
> 2) License of the software
> ==========================
> a) INRA grants to You by this agreement a non-exclusive, world-wide and
> royalty-free license to use the software to the end described hereunder
> in the domain of the license, as long as You will comply with the terms
> and conditions of this agreement.
> b) You are authorised to download, install, execute the software on your
> computer within the limit of one license for one computer (one hard
> disk).
> c) Except specific and written agreement of INRA, You are not allowed
> to download, install or execute the software on a server.
> d) You are not authorised to rent, sell, sublease, distribute, assign,
> transfer, license, sublicense or otherwise share the software or one of
> INRA’s rights on the software.
> e) You are authorised to make a back-up copy of the software provided
> You will not use it on any else computer. You are responsible of the
> physical security of this copy and of the software.
> f) You may personalize the set up of the software or extend its
> functions. As well, You may translate, adapt, fix, modify the software
> when theses acts are necessary for the use of the software in accordance
> with this agreement.
> g) INRA reserves the right to correct errors and to determine the
> specific forms to which the following acts will be submitted:
> The copy of the source code of the software or the translation of this
> code are allowed when they are essential for the good working order of
> the software with other softwares and when they are essential for the
> use of the software in the domain of the license.
> Furthermore, You are not authorized to reverse engineer, disassemble or
> decompile the software.
> Necessary information for good working order with other softwares is
> available by INRA, without implying as regard to INRA any undertaking
> to supply any assistance or services associated with the software.
> h) You are not authorised to extract (that is transfer permanently or
> temporarily) whole or a part of the content of the software (data) onto
> an other medium, by any mean and in any form. Moreover, you are neither
> authorised to re-use (that is to put at the public’s disposal) whole or
> a part of the content of the software (data) whatever the form may be.
> i) Your are allowed to produce supplementary modules for the software,
> to improve or adapt the software provided however that the use of these
> modules, supplementary versions, improvements, additions or upgrades
> will be used in accordance with this agreement and strictly in the
> domain of the licence.
> In particular, You undertake to communicate these improvements or
> modules to INRA and to allow INRA to use them for its own research
> purposes.
> If the improvements or modules are dependant upon the software
> (according to code de la propriété intellectuelle), You may not disclose
> or transfer them to third parties without the prior and written consent
> of INRA on the forms of this distribution.
> If the improvement or modules are not dependant upon the software
> (according to code de la propriété intellectuelle), You may disclose
> and transfer them to third parties, provided You indemnify and hold
> harmless INRA with respect to any suit, claim or proceeding brought by
> a third party.
>
> Michael Rabotin
>

Hi!
I read the licence and I cannot understand it idea. I also afraid it is
dangerous. If it concerns shell and pearl script it concerns open-code
software (I mean software where code is fully accessible, not
open-source sensu stricto) can be partially rewritten or solution used
in especially shell scripts may be used in similar way in others
completely independent scripts. I do not know what is area if interest
of that shell and pearl scripts but publication of it may potentially
restrict any activity of others who want to use or develop similar
solutions:

"(i) Your are allowed to produce supplementary modules for the software,
to improve or adapt the software provided however that the use of these
modules, supplementary versions, improvements, additions or upgrades
will be used in accordance with this agreement and strictly in the
domain of the licence.
In particular, You undertake to communicate these improvements or
modules to INRA and to allow INRA to use them for its own research
purposes."

Jarek
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[Glynn Clements]

rabotin wrote:

> I've got a question concerning the license of GRASS.
> I'm working for a public french research center (INRA : French National
> Institute for Agricultural Research) ; we have developped a series of
> scripts in shell and perl languages for GRASS.
> These procedures are made for an informatic platform which is able to
> download under a license more restrictive than GPL license .
> And these procedures for GRASS will be accessible for download under
> this license too.
> So my question is : is this kind of license (a license more restrictive
> than GPL license) compatible with developing shell scripts for GRASS (as
> GRASS license is GPL license) or not ?

The technically correct but not very useful answer is that it depends
upon what constitutes a derived work in a given jurisdiction. If you
want a more specific answer, you'll need to ask a lawyer.

I'm fairly sure that the scripts by themselves don't constitute a
derived work. Bundling the scripts with GRASS might be, but that isn't
a problem if you license the scripts under the GPL.

Bundling the scripts, GRASS and the aforementioned informatic platform
would be problematic. I don't think that you can claim this as "mere
aggregation" when the components are specifically intended to be used
together.

--
Glynn Clements <[hidden email]>
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