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  1. #1
    Regular Contributor
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    May 2005
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    75

    API Plugin Pack vs OpenSource Projects

    I've got a question regarding the license agreement required for downloading the Extensions plugin package (http://www.forum.nokia.com/info/sw.n...Pack1.zip.html).

    How well does this agreement work with freeware and especially opensource application development?


    Here are some key points from the agreement:

    Nokia hereby grants to the Licensee, and the Licensee accepts, a royalty-free, non-transferable (except in connection with the assignment of this Agreement under Section 11.3), non-exclusive, worldwide and limited license to use the Licensed Materials solely for the purposes of proprietary application or services development and/or setting their priorities in application development purposes for Nokia Terminal Software Platform S60 3rd Edition (S60 3.0)
    Does this exclude open source applications?

    The Licensee shall keep the Confidential Information strictly confidential and shall not disclose it to any third parties (including Licensee’s Affiliates) without the prior written consent of Nokia.
    Is Confidential Information only the material received from Nokia (the plugin package), or does it also make the code using the APIs confidential? That is, does this imply that source code using these restricted APIs can't be distributed freely? Or is it ok to distribute source code using the APIs, as long as the API package isn't redistributed?

    3.3 Licensee warrants that it shall conduct proper testing of its application(s) which reference or include any Licensed Materials on all such mobile devices for which the Licensee is applying for signature in Symbian Signed or Symbian Signed for Nokia procedures.
    Additionally, from the info page for this resource (not within the license):

    You must test your application with each device that the application can be installed on. This is needed to ensure the best possible user experience. To prevent application installation on other than tested devices, define the Product ID/s (also known as Machine UID) in the .pkg file.
    Does this exclude the possibility to do "best-effort" development? In not-for-profit freeware/opensource development, the developer don't really want to release and test separate packages for each and every phone it can be installed on, but rather make one package targeting e.g. S60 3rd ed in general, and then fix issues if such are reported.

    // Martin

  2. #2
    Regular Contributor
    Join Date
    May 2005
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    75

    Re: API Plugin Pack vs OpenSource Projects

    Hi,

    I posted this question above a few months ago, but didn't receive any answer. Can somebody give any statement about this?

    I guess I could in practice just go on and use them and hope nobody notices and cares, but I'd rather get this cleared out before.

    // Martin

  3. #3
    Super Contributor
    Join Date
    Sep 2004
    Posts
    1,048

    Re: API Plugin Pack vs OpenSource Projects

    Sorry for not spotting this earlier.

    First of all, I must congratulate you on being a very good citizen of our developer community in reading the license and taking time to try to understand it. I certainly hope that all our developer customers behave in the same, very smart manner!

    I discussed this with the legal dpt that has created the license and your reading of the agreement is correct in that it does not really cover open source as it currently reads. However, this is not due to malicious intent with respect to open source but more due to an oversight in setting up the license text. We'll see what we can do in terms of formulating a better license text, however this will only happen some time after the easter holiday.

  4. #4
    Regular Contributor
    Join Date
    May 2005
    Posts
    75

    Re: API Plugin Pack vs OpenSource Projects

    Thanks for your reply!

    Great to hear that you're taking this up to discussion. Looking forward to hearing what you decide.

    // Martin

  5. #5
    Super Contributor
    Join Date
    Sep 2004
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    1,048

    Revised license now available!

    Hi,

    I'm glad to be able to finally report progress on this. First of all, I want to express once more my sincere appreciation to the original poster for taking the time to read the license, make the effort to try to understand it and then even let us know that there is a problem! Thanks!

    As for the resolution, there is now a new version of the license out. You can find it at http://www.forum.nokia.com/main/gene...1_for_dev.html. This license can be applied by anyone that has previously downloaded the plugin and thus accepted the old, incorrect license.

    The spirit as well as the wording of the license is now clear: yes, you are welcome to use the plugin for all kinds of applications including Open Source projects (the word "proprietary" has been removed). There is just one condition: You, as the developer, must ensure that the Open Source license does not require that any parts of the plugin be made available as source code as Nokia will not honour any such requests. Common Open Source licenses should not cause an issue here, but you have been warned.

    Let's also hope that at some point we can take a step to simplify the overall licensing scheme of all things FN. No promises here, just my humble hope.

  6. #6
    Regular Contributor
    Join Date
    May 2005
    Posts
    75

    Re: Revised license now available!

    Thanks a million!

    // Martin

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