[PATCH 2/2] tegrarcm: License update for miniloader files

[PATCH 2/2] tegrarcm: License update for miniloader files

[Allen Martin]

This changes the license under which the miniloader files are
distributed to the same license used for the binary portions of the
Tegra L4T distribution.  This should hopefully make the license more
palatable to distributions.

Also changed the description to say that the license applies to all
files in the miniloader directory instead of individually listing the
files.  This should hopefully prevent it from becoming stale.

Signed-off-by: Allen Martin <amartin-DDmLM1+adcrQT0dZR+AlfA@public.gmane.org>
---
 LICENSE | 284 ++++++++++++++++++++++++++--------------------------------------
 1 file changed, 114 insertions(+), 170 deletions(-)

diff --git a/LICENSE b/LICENSE
index e126375..4bd5c60 100644
--- a/LICENSE
+++ b/LICENSE
@@ -26,189 +26,133 @@
 # OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 
 
-The files tegra20-miniloader.h and tegra30-miniloader.h are provided
-pursuant to the following license agreement:
+The files in the miniloader directory are provided pursuant to the
+following license agreement:
 
-License For Use of NVIDIA Software
+           License For Customer Use of NVIDIA Software
 
 
-IMPORTANT NOTICE -- READ CAREFULLY: This License For Use of NVIDIA
-Software ("LICENSE") is the agreement which governs use of the
-software (in binary code form only) of NVIDIA Corporation and its
-subsidiaries ("NVIDIA")
-provided herewith by NVIDIA, including computer software and
-associated printed materials (collectively, the "SOFTWARE").  By
-downloading, installing, copying, or otherwise using the SOFTWARE, you
-agree to be bound by the terms of this LICENSE.  If you do not agree
-to the terms of this LICENSE, do not download, install or use the
-SOFTWARE.
+IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
+NVIDIA Software ("LICENSE") is the agreement which governs use of
+the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
+downloadable herefrom, including computer software and associated
+printed materials ("SOFTWARE").  By downloading, installing, copying,
+or otherwise using the SOFTWARE, you agree to be bound by the terms
+of this LICENSE.  If you do not agree to the terms of this LICENSE,
+do not download the SOFTWARE.
 
 RECITALS
 
-The SOFTWARE is protected by copyright laws and international
-copyright treaties, as well as other intellectual property laws and
-treaties. The SOFTWARE is not sold, and instead is only licensed for
-use, strictly in accordance with this document.  This agreement sets
-forth the terms and conditions of the SOFTWARE LICENSE only.
+Use of NVIDIA's products requires three elements: the SOFTWARE, the
+hardware on a graphics controller board, and a personal computer. The
+SOFTWARE is protected by copyright laws and international copyright
+treaties, as well as other intellectual property laws and treaties.
+The SOFTWARE is not sold, and instead is only licensed for use,
+strictly in accordance with this document.  The hardware is protected
+by various patents, and is sold, but this agreement does not cover
+that sale, since it may not necessarily be sold as a package with
+the SOFTWARE.  This agreement sets forth the terms and conditions
+of the SOFTWARE LICENSE only.
 
 1.  DEFINITIONS
 
-1.1  “Licensee,” “You” and/or “Your” shall mean, collectively and
-individually, Original Equipment Manufacturers, Independent Hardware
-Vendors, Independent Software Vendors, and/or End-Users of the
-Software pursuant to the terms and conditions of this LICENSE.
-
-1.2	 Intellectual Property Rights” shall mean all proprietary
-rights, including all patents, trademarks, copyrights, know-how, trade
-secrets, mask works, including all applications and registrations
-thereto, and any other similar protected rights in any country
+1.1  Customer.  Customer means the entity or individual that
+downloads the SOFTWARE.
 
 2.  GRANT OF LICENSE
 
-2.1  Rights and Limitations of Grant.  NVIDIA hereby grants to You the
-following non-exclusive, non-transferable, revocable right under
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+of SOFTWARE may not be shared or used concurrently on different
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+of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
+FreeBSD operating systems, or other operating systems derived from the
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+provided that the binary files thereof are not modified in any way
+(except for unzipping of compressed files).
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+manner to obtain the source code.
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+else.
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+
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+Sale of Goods is specifically disclaimed.  If any provision of this
+LICENSE is inconsistent with, or cannot be fully enforced under,
+the law, such provision will be construed as limited to the extent
+necessary to be consistent with and fully enforceable under the law.
+This agreement is the final, complete and exclusive agreement between
+the parties relating to the subject matter hereof, and supersedes
+all prior or contemporaneous understandings and agreements relating
+to such subject matter, whether oral or written.  Customer agrees
+that it will not ship, transfer or export the SOFTWARE into any
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+United States Bureau of Export Administration or any export laws,
+restrictions or regulations.  This LICENSE may only be modified in
+writing signed by an authorized officer of NVIDIA.
+
-- 
1.8.1.5

Re: [PATCH 2/2] tegrarcm: License update for miniloader files

[Stephen Warren]

On 06/17/2013 09:25 PM, Allen Martin wrote:
> This changes the license under which the miniloader files are
> distributed to the same license used for the binary portions of the
> Tegra L4T distribution.  This should hopefully make the license more
> palatable to distributions.
> 
> Also changed the description to say that the license applies to all
> files in the miniloader directory instead of individually listing the
> files.  This should hopefully prevent it from becoming stale.

This still seems rather over-complex:-(

> +2.1.1  Rights.  Customer may install and use one copy of the SOFTWARE
> +on a single computer, and except for making one back-up copy of
> +the Software, may not otherwise copy the SOFTWARE.  This LICENSE
> +of SOFTWARE may not be shared or used concurrently on different
> +computers.
> +
> +2.1.2  Linux/FreeBSD Exception.  Notwithstanding the foregoing terms
> +of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
> +FreeBSD operating systems, or other operating systems derived from the
> +source code to these operating systems, may be copied and redistributed,
> +provided that the binary files thereof are not modified in any way
> +(except for unzipping of compressed files).

Given that 2.1.2 appears to override 2.1.1 in the context of this SW,
why even include 2.1.1? I know we're re-using the L4T license here, but
I'd really prefer to just use something plain and simple that doesn't
include irrelevant lawyer-speak.

> +No Rental.  Customer may not rent or lease the SOFTWARE to someone
> +else.

Isn't that going to cause problems for distros? IANAL, but that doesn't
sound GPL compatible, since it's an additional restriction that I don't
think the GPL imposes.

Re: [PATCH 2/2] tegrarcm: License update for miniloader files

[Allen Martin]

On Mon, Jun 17, 2013 at 09:08:54PM -0700, Stephen Warren wrote:
> On 06/17/2013 09:25 PM, Allen Martin wrote:
> > This changes the license under which the miniloader files are
> > distributed to the same license used for the binary portions of the
> > Tegra L4T distribution.  This should hopefully make the license more
> > palatable to distributions.
> > 
> > Also changed the description to say that the license applies to all
> > files in the miniloader directory instead of individually listing the
> > files.  This should hopefully prevent it from becoming stale.
> 
> This still seems rather over-complex:-(
> 
> > +2.1.1  Rights.  Customer may install and use one copy of the SOFTWARE
> > +on a single computer, and except for making one back-up copy of
> > +the Software, may not otherwise copy the SOFTWARE.  This LICENSE
> > +of SOFTWARE may not be shared or used concurrently on different
> > +computers.
> > +
> > +2.1.2  Linux/FreeBSD Exception.  Notwithstanding the foregoing terms
> > +of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
> > +FreeBSD operating systems, or other operating systems derived from the
> > +source code to these operating systems, may be copied and redistributed,
> > +provided that the binary files thereof are not modified in any way
> > +(except for unzipping of compressed files).
> 
> Given that 2.1.2 appears to override 2.1.1 in the context of this SW,
> why even include 2.1.1? I know we're re-using the L4T license here, but
> I'd really prefer to just use something plain and simple that doesn't
> include irrelevant lawyer-speak.
> 
> > +No Rental.  Customer may not rent or lease the SOFTWARE to someone
> > +else.
> 
> Isn't that going to cause problems for distros? IANAL, but that doesn't
> sound GPL compatible, since it's an additional restriction that I don't
> think the GPL imposes.

This probably requires coordination with L4T since it's the same
license file, and we should keep them the same if at all possible.
I'm going to defer this license change to version 1.5 and push the
other patches out that you acked since ChromeOS is waiting on the SPI
fix.

-Allen

-- 
nvpublic

Re: [PATCH 2/2] tegrarcm: License update for miniloader files

[Marc Dietrich]

Hi Allen,

I just want to make my comments public, which I already explained to Eric 
Brower from NVIDIA. In general, the L4T license is a bit better than the 
original one, but doesn't really apply to the *miniloader.h files. The problem 
is that the *miniloader.h are not installed on any operting system 
(Linux/FreeBSD), but are instead loaded into the SoC. Even if we assume they 
are installed (or better a copy is placed) on some "Personal Computer", they 
cannot be executed there. Detailed comments below.

Am Montag, 17. Juni 2013, 20:25:37 schrieb Allen Martin:
> This changes the license under which the miniloader files are
> distributed to the same license used for the binary portions of the
> Tegra L4T distribution.  This should hopefully make the license more
> palatable to distributions.
> 
> Also changed the description to say that the license applies to all
> files in the miniloader directory instead of individually listing the
> files.  This should hopefully prevent it from becoming stale.
> 
> Signed-off-by: Allen Martin <amartin-DDmLM1+adcrQT0dZR+AlfA@public.gmane.org>
> ---
>  LICENSE | 284
> ++++++++++++++++++++++++++-------------------------------------- 1 file
> changed, 114 insertions(+), 170 deletions(-)
> 
> diff --git a/LICENSE b/LICENSE
> index e126375..4bd5c60 100644
> --- a/LICENSE
> +++ b/LICENSE
> @@ -26,189 +26,133 @@
>  # OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
> 
> 
> -The files tegra20-miniloader.h and tegra30-miniloader.h are provided
> -pursuant to the following license agreement:
> +The files in the miniloader directory are provided pursuant to the
> +following license agreement:
> 
> -License For Use of NVIDIA Software
> +           License For Customer Use of NVIDIA Software
> 
> 
> -IMPORTANT NOTICE -- READ CAREFULLY: This License For Use of NVIDIA
> -Software ("LICENSE") is the agreement which governs use of the
> -software (in binary code form only) of NVIDIA Corporation and its
> -subsidiaries ("NVIDIA")
> -provided herewith by NVIDIA, including computer software and
> -associated printed materials (collectively, the "SOFTWARE").  By
> -downloading, installing, copying, or otherwise using the SOFTWARE, you
> -agree to be bound by the terms of this LICENSE.  If you do not agree
> -to the terms of this LICENSE, do not download, install or use the
> -SOFTWARE.
> +IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
> +NVIDIA Software ("LICENSE") is the agreement which governs use of
> +the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
> +downloadable herefrom, including computer software and associated
> +printed materials ("SOFTWARE").  By downloading, installing, copying,
> +or otherwise using the SOFTWARE, you agree to be bound by the terms
> +of this LICENSE.  If you do not agree to the terms of this LICENSE,
> +do not download the SOFTWARE.
> 
>  RECITALS
> 
> -The SOFTWARE is protected by copyright laws and international
> -copyright treaties, as well as other intellectual property laws and
> -treaties. The SOFTWARE is not sold, and instead is only licensed for
> -use, strictly in accordance with this document.  This agreement sets
> -forth the terms and conditions of the SOFTWARE LICENSE only.
> +Use of NVIDIA's products requires three elements: the SOFTWARE, the
> +hardware on a graphics controller board, and a personal computer. The

While tegra has some GPU, I don't think this is required. Also a "personal 
computer" also isn't required. I can upload the miniloaders from any embedded 
board.

> +SOFTWARE is protected by copyright laws and international copyright
> +treaties, as well as other intellectual property laws and treaties.
> +The SOFTWARE is not sold, and instead is only licensed for use,
> +strictly in accordance with this document.  The hardware is protected
> +by various patents, and is sold, but this agreement does not cover
> +that sale, since it may not necessarily be sold as a package with
> +the SOFTWARE.  This agreement sets forth the terms and conditions
> +of the SOFTWARE LICENSE only.
> 
>  1.  DEFINITIONS
> 
> -1.1  “Licensee,” “You” and/or “Your” shall mean, collectively and
> -individually, Original Equipment Manufacturers, Independent Hardware
> -Vendors, Independent Software Vendors, and/or End-Users of the
> -Software pursuant to the terms and conditions of this LICENSE.
> -
> -1.2	 Intellectual Property Rights” shall mean all proprietary
> -rights, including all patents, trademarks, copyrights, know-how, trade
> -secrets, mask works, including all applications and registrations
> -thereto, and any other similar protected rights in any country
> +1.1  Customer.  Customer means the entity or individual that
> +downloads the SOFTWARE.
> 
>  2.  GRANT OF LICENSE
> 
> -2.1  Rights and Limitations of Grant.  NVIDIA hereby grants to You the
> -following non-exclusive, non-transferable, revocable right under
> -NVIDIA’s copyrights to use, copy, distribute and sublicense the
> -SOFTWARE (solely in binary code form) to Your sublicensees (a) solely
> -for use in connection with NVIDIA hardware or software products; and
> -(b) pursuant to the terms and conditions of any form of end-user
> -software license agreement; provided, that Your sublicensees agree to
> -be bound by this LICENSE or terms and conditions that are as
> -protective of NVIDIA’s Intellectual Property Rights in the SOFTWARE as
> -this LICENSE
> -
> -2.2  Limitations. You may not reverse engineer, decompile, or
> -disassemble the SOFTWARE, nor attempt in any other manner to obtain
> -the source code.
> -
> -Except as expressly permitted in this LICENSE, You shall not otherwise
> -assign, sublicense, rent, lease, or in any other way transfer or
> -disclose SOFTWARE to any third party. Unless otherwise authorized in
> -the LICENSE, You shall not reverse- compile, disassemble,
> -reverse-engineer, or in any manner attempt to derive the source code
> -of the SOFTWARE.
> -
> -Except as expressly stated in this LICENSE, no license or right is
> -granted to You directly or by implication, inducement, estoppel or
> -otherwise. NVIDIA shall have the right to inspect or have an
> -independent auditor inspect Your relevant records to verify Your
> -compliance with the terms and conditions of this LICENSE.
> -
> -3.  TERM AND TERMINATION
> -
> -This LICENSE and the licenses granted hereunder shall be effective as
> -of the date You download the applicable SOFTWARE (“Effective Date”)
> -and continue for a period of one (1) year (“Initial Term”)
> -respectively, unless terminated earlier in accordance with the
> -“Termination” provision of this LICENSE.  Unless either party notifies
> -the other party of its intent to terminate this LICENSE at least three
> -(3) months prior to the end of the Initial Term or the applicable
> -renewal period, this License will be automatically renewed for one (1)
> -year renewal periods thereafter, unless terminated in accordance with
> -the “Termination” provision of this LICENSE
> -
> -NVIDIA may terminate this LICENSE at any time if You violate its
> -terms. Upon termination, You will immediately destroy the SOFTWARE or
> -return all copies of the SOFTWARE to NVIDIA, and certify to NVIDIA in
> -writing that such actions have been completed.  Upon termination or
> -expiration of this LICENSE the license grants to Licensee shall
> -terminate, except that sublicenses rightfully granted by Licensee
> -under this LICENSE in connection with Paragraph 2 of this LICENSE
> -provided by Licensee prior to the termination or expiration of this
> -LICENSE shall survive in accordance with their respective form of
> -license terms and conditions.
> -
> -Those provisions in this LICENSE, which by their nature need to
> -survive the termination or expiration of this LICENSE, shall survive
> -termination or expiration of the LICENSE, including but not limited to
> -Paragraphs 1, 2.2, 3, 4, 5, 6, 7, and 8.
> -
> -If You commence or participate in any legal proceeding against NVIDIA,
> -including Intellectual Property Rights infringement claims against
> -NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate
> -all license grants and any other rights provided under this LICENSE
> -during the pendency of such legal proceedings.
> -
> -4.  OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
> -
> -All rights, title and interest to all copies of the SOFTWARE remain
> -with NVIDIA, subsidiaries, licensors, or its suppliers. The SOFTWARE
> -is copyrighted and protected by the laws of the United States and
> -other countries, and international treaty provisions. You may not
> -remove any copyright notices from the SOFTWARE. NVIDIA may make
> -changes to the SOFTWARE, or to items referenced therein, at any time
> -and without notice, but is not obligated to support or update the
> -SOFTWARE. Except as otherwise expressly provided, NVIDIA grants no
> -express or implied right under any NVIDIA patents, copyrights,
> -trademarks, or other Intellectual Property Rights.
> -
> -You have no obligation to give NVIDIA any suggestions, comments or
> -other feedback (“Feedback”) relating to the SOFTWARE.  However, NVIDIA
> -may use and include any Feedback that You voluntarily provide to
> -improve the SOFTWARE or other related NVIDIA technologies.
> -Accordingly, if You provide Feedback, You agree NVIDIA and its
> -licensees may freely use, reproduce, license, distribute, and
> -otherwise commercialize the Feedback in the SOFTWARE or other related
> -technologies without the payment of any royalties or fees.
> -
> +2.1  Rights and Limitations of Grant.  NVIDIA hereby grants Customer
> +the following non-exclusive, non-transferable right to use the
> +SOFTWARE, with the following limitations:
> +
> +2.1.1  Rights.  Customer may install and use one copy of the SOFTWARE
> +on a single computer, and except for making one back-up copy of
> +the Software, may not otherwise copy the SOFTWARE.  This LICENSE
> +of SOFTWARE may not be shared or used concurrently on different
> +computers.

As Stephen mentioned already, this is a bit strict.

> +2.1.2  Linux/FreeBSD Exception.  Notwithstanding the foregoing terms
> +of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
> +FreeBSD operating systems, or other operating systems derived from the
> +source code to these operating systems, may be copied and redistributed,
> +provided that the binary files thereof are not modified in any way
> +(except for unzipping of compressed files).

As said above, the software cannot be used on these operating systems. Beside 
this, why limit it to Linux/FreeBSD? E.g. debian also supports GNU/Hurd or 
Solaris. What about Darwin (MacOS) or Windows? I know this comes from L4T 
where the drivers can only be executed on this OSes, but again, this doesn't 
apply to the *miniloader.h files. Also note that the rest of tegrarcm is 
licensed under MIT license and can be installed everywhere...


Marc

Re: [PATCH 1/2] tegrarcm: Move miniloader files to "miniloader" subdir

[Allen Martin]

On Mon, Jun 17, 2013 at 08:25:36PM -0700, Allen Martin wrote:
> In preparation of changing the LICENSE file to refer to "miniloader"
> directory instead of individual filenames, move all miniloader files
> into "miniloader" subdir.
> 
> Signed-off-by: Allen Martin <amartin-DDmLM1+adcrQT0dZR+AlfA@public.gmane.org>
> ---
>  src/Makefile.am                      |    6 +-
>  src/main.c                           |    6 +-
>  src/miniloader/tegra114-miniloader.h | 9616 ++++++++++++++++++++++++++++++++++
>  src/miniloader/tegra20-miniloader.h  | 8323 +++++++++++++++++++++++++++++
>  src/miniloader/tegra30-miniloader.h  | 8070 ++++++++++++++++++++++++++++
>  src/tegra114-miniloader.h            | 9616 ----------------------------------
>  src/tegra20-miniloader.h             | 8323 -----------------------------
>  src/tegra30-miniloader.h             | 8070 ----------------------------
>  8 files changed, 26015 insertions(+), 26015 deletions(-)
>  create mode 100644 src/miniloader/tegra114-miniloader.h
>  create mode 100644 src/miniloader/tegra20-miniloader.h
>  create mode 100644 src/miniloader/tegra30-miniloader.h
>  delete mode 100644 src/tegra114-miniloader.h
>  delete mode 100644 src/tegra20-miniloader.h
>  delete mode 100644 src/tegra30-miniloader.h
> 

Sorry, forgot to generate patch with '-M' :(

-- 
nvpublic

Re: [PATCH 1/2] tegrarcm: Move miniloader files to "miniloader" subdir

[Stephen Warren]

On 06/17/2013 09:25 PM, Allen Martin wrote:
> In preparation of changing the LICENSE file to refer to "miniloader"
> directory instead of individual filenames, move all miniloader files
> into "miniloader" subdir.

Patch 1/2 only,
Acked-by: Stephen Warren <swarren-DDmLM1+adcrQT0dZR+AlfA@public.gmane.org>