Ethereal-dev: RE : [Ethereal-dev] Re: [fw-wiz] @Stake CTO fired for Microsoftcomments

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From: "RABRET Laurent FTRD/DAC/ISS" <laurent.rabret@xxxxxxxxxxxxxxxxxxxx>
Date: Mon, 29 Sep 2003 14:54:01 +0200
If I correctly understand (please, see Ms' EULA extract below), the EULA
states it is not allowed to include Microsoft redistributable *source
code* with applications. For the moment, Ethereal only uses one
redistributable stemming from Microsoft: the CRT. Its source code is
never distributed with Ethereal (we only distribute it as a DLL). This
is in respect with EULA terms.

If one day you decide to distribute Ethereal compiled with VS.NET, let
me add there are some new recommendations. Here's the text from MSDN:

"The msvcrt.dll is now a "known DLL," meaning that it is a system
component owned and built by Windows. It is intended for future use only
by system-level components. An application should use and redistribute
msvcr71.dll, and it should avoid placing a copy or using an existing
copy of msvcr71.dll in the system directory. Instead, the application
should keep a copy of msvcr71.dll in its application directory with the
program executable."


Here's the concerned EULA extract:


3.         LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS.  If you
choose to exercise your rights under Section 2, any redistribution by
you requires compliance with the following terms, as appropriate. 

 

       3.1            Redistributable Code-Standard.  

 

             (a)       If you are authorized and choose to redistribute
Sample Code, Redistributable Code, VC Redistributables, or Limited Use
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 ("Licensed Product"); (ii) that the
Redistributables only operate in conjunction with Microsoft Windows
platforms; (iii) not to use Microsoft's name, logo, or trademarks to
market the Licensed Product; (iv) to display your own valid copyright
notice which shall be sufficient to protect Microsoft's copyright in the
Product; (v) not to remove or obscure any copyright, trademark or patent
notices that appear on the Product as delivered to you; (vi) 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 Licensed Product; (vii) otherwise comply
with the terms of this EULA; and (h) 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: (1) 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 Licensed
Product and you and your distributors comply with all other terms of
this EULA; and (2) in the manner described in Section 3.2. 


-----Original Message-----
From: Richard Sharpe [mailto:rsharpe@xxxxxxxxxxxxxxxxx] 
Sent: Sunday, September 28, 2003 9:24 PM
To: Guy Harris
Cc: ethereal-dev@xxxxxxxxxxxx
Subject: Re: [Ethereal-dev] Re: [fw-wiz] @Stake CTO fired for
Microsoftcomments

On Sun, 28 Sep 2003, Guy Harris wrote:

> On Sun, Sep 28, 2003 at 12:06:00PM -0700, Richard Sharpe wrote:
> > On Sun, 28 Sep 2003, Devdas Bhagat wrote:
> > 
> > > On 26/09/03 19:12 -0400, Claussen, Ken wrote:
> > > <snip>
> > > > found a way to keep Open Source software from working on the
Windows
> > > > Operating system? And the cracks on Windows security have little
to do
> > > MS VC++ EULA prohibits the developer from compiling GPLed
applications
> > > with that compiler.
> > 
> > Hmmm, does anyone know if this is true? I know that the IFS Kit
prohibits 
> > you from using the code samples with GPL'd projects ... but the MS
VC++ 
> > compiler?
> 
> I don't think I've seen anything in the MSVC++ 6.0 EULA that says
that. 
> (MSVC++ 6.0 came out before Microsoft went completely fanatically
> anti-GPL, as far as I know.)
> 
> Perhaps the VC++ 7 (VC++ .NET?) version does.

I have that at work. Perhaps I will install it on Monday to see if it
has 
any such EULA.

Regards
-----
Richard Sharpe, rsharpe[at]ns.aus.com, rsharpe[at]samba.org, 
sharpe[at]ethereal.com, http://www.richardsharpe.com

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