Subject: Re: Re: msvcr71.dll license
Newsgroups: gmane.comp.python.py2exe
Date: 2005-05-20 14:35:26 GMT (4 years, 6 weeks, 3 days, 3 hours and 12 minutes ago)
>> I've read about 3 problems regarding msvcr71.dll. In my
>> understanding, two of them were clarified as non issues.
>>
>> 1. msvcr71.dll not compatible with GPL code regarding the EULA.
>> This restriction only applies to the sample code included in
>> Visual Studio .NET 2003.
>>
>> 2. msvcr71.dll not compatible with GPL code regarding the GPL
>> itself. Clarified in the FSF Faq.
>
> Could not find this, do you have alink.
AFAIK, GPL code cannot be linked with closed source dlls not included
with the operating system. Or something like that.
>>
>> 3. The EULA does not allow to reredistribute msvcr71.dll.
>
> Can one get this EULA without having to get VS somewhere?
The link should be in the thread on python-dev about this topic somewhere.
>>> I have posted about this to the PSF mailing list, maybe the
>>> Python software foundation is willing to invest in this.
>>
>>
>>
>> Thanks, that would be great.
>
This night, I will post a few questions on the PSF mailing list about
this topic. Here is the draft so far, it would be nice if you could
review it:
"""
1. I'm not so sure that python.org windows installer for Python 2.4, which includes the MSVCR71.DLL,
respects the conditions that MS requires in their eula.txt. While personally I do not care too much about
this fact Martin v. Löwis or the PSF probably has to care. The same for people redistributing the Python distribution.
2. py2exe is a popular package to build executables containing parts of the python interpreter, its
library, plus custom modules and packages. The executables need msvcr71.dll on the target system.
Hence, developers packaging python applications with py2exe need to redistribute this dll. Most
developers (users of py2exe) don't have a Visual Studio license, so they don't hve the right to distribute
it per se.
To complicate things further, the next version of py2exe will include code that is licensed with the MPL.
Other code in py2exe is licensed with the MIT license.
Since I have an own license for MS Visual Studio .NET 2003, I have the legal right (per my understanding of MS
EULA), to include msvcr71.dll with the binary py2exe distribution itself, and I could relicense the
redistribution of this dll with executables created with py2exe. I am, however, not willing to take legal
risc in doing this (as far as possible). Also, since I'm a programmer, I would like to concentrate on the
technical instead of the legal aspects of my work.
So, for py2exe I would ask the lawyer: How should the license for the binary distribution of py2exe look
like, so that I respect all conditions in both the MPL and the MS EULA (the MIT part should not be a problem),
and that it is possible to allow the py2exe users to redistibute this MS dll.
Thanks,
Thomas
----
Some excerpts (sp?) of the EULA.TXT that is included with my copy of VS.NET 2003:
<quote>
2.2 Redistributable Code-General. Microsoft grants you a limited,
nonexclusive, royalty-free license to reproduce and distribute the
object code form of any portion of the Software listed in REDIST.TXT
('Redistributable Code'). For general redistribution requirements for
Redistributable Code, see Section 3.1 below.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, or Redistributable Code
(collectively, the 'Redistributables') as described in Section 2, you
agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to
distribute the Redistributables only in object code form and in
conjunction with and as a part of a software application product
developed by you that adds significant and primary functionality to
the Redistributables ('Licensee Software'); (ii) that the
Redistributables only operate in conjunction with Microsoft Windows
platforms; (iii) that if the Licensee Software is distributed beyond
Licensee’s premises or externally from Licensee’s organization, to
distribute the Licensee Software containing the Redistributables
pursuant to an end user license agreement (which may be
“break-the-seal”, “click-wrap” or signed), with terms no less
protective than those contained in this EULA; (iv) not to use
Microsoft’s name, logo, or trademarks to market the Licensee Software;
(v) to display your own valid copyright notice which shall be
sufficient to protect Microsoft’s copyright in the Software; (vi) not
to remove or obscure any copyright, trademark or patent notices that
appear on the Software as delivered to you; (vii) to indemnify, hold
harmless, and defend Microsoft from and against any claims or
lawsuits, including attorney’s fees, that arise or result from the use
or distribution of the Licensee Software; (viii) to otherwise comply
with the terms of this EULA; and (ix) agree that Microsoft reserves
all rights not expressly granted.
You also agree not to permit further distribution of the
Redistributables by your end users except you may permit further
redistribution of the Redistributables by your distributors to your
end-user customers if your distributors only distribute the
Redistributables in conjunction with, and as part of, the Licensee
Software, you comply with all other terms of this EULA, and your
distributors comply with all restrictions of this EULA that are
applicable to you.
(b) If you use the Redistributables, then in addition to your
compliance with the applicable distribution requirements described for
the Redistributables, the following also applies. Your license rights
to the Redistributables are conditioned upon your not (i) creating
derivative works of the Redistributables in any manner that would
cause the Redistributables in whole or in part to become subject to
any of the terms of an Excluded License; or (ii) distributing the
Redistributables (or derivative works thereof) in any manner that
would cause the Redistributables to become subject to any of the terms
of an Excluded License. An “Excluded License” is any license that
requires as a condition of use, modification and/or distribution of
software subject to the Excluded License, that such software or other
software combined and/or distributed with such software be (x)
disclosed or distributed in source code form; (y) licensed for the
purpose of making derivative works; or (z) redistributable at no
charge.
<end quote>
"""
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