Sun donates elliptic curve code to OpenSSL?

[Bodo Moeller]

On Tue, Sep 24, 2002 at 01:29:29PM +0100, Ben Laurie wrote:
> Markus Friedl wrote:

>> With this code OpenSSL is turning into a non-free project.

> As has been observed elsewhere, the patent stuff only applies if you 
> make a similar promise to Sun. If you don't want to have Sun not sue you 
> when you infringe, then don't promise not to sue them.

Here's a longer explanation.  The Sun code in OpenSSL 0.9.8-dev is
available under the OpenSSL license; additionally, you have the
*option* to accept the covenant:

     The ECC Code is licensed pursuant to the OpenSSL open source
     license provided below.

     In addition, Sun covenants to all licensees who provide a reciprocal
                                       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     covenant with respect to their own patents if any, not to sue under
     ^^^^^^^^
     current and future patent claims necessarily infringed by the making,
     using, practicing, selling, offering for sale and/or otherwise
     disposing of the ECC Code as delivered hereunder (or portions thereof),
     provided that such covenant shall not apply: [...]

That's a defining relative clause.  If you are not willing to provide
a reciprocal covenant, this has nothing to do with you.  You just
can't use the stuff patented by Sun, but it's not compiled in by
default anyway for exactly this reason.


-- 
Bodo Möller <moeller at cdc.informatik.tu-darmstadt.de>
PGP http://www.informatik.tu-darmstadt.de/TI/Mitarbeiter/moeller/0x36d2c658.html
* TU Darmstadt, Theoretische Informatik, Alexanderstr. 10, D-64283 Darmstadt
* Tel. +49-6151-16-6628, Fax +49-6151-16-6036

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