[legal-list] Licensing question: Embedding accessibility features to work under Windows into GTK+ source code

[Evgenii Philippov <egphilippov gmail com>]

To: legal-list gnome org
Cc: Colin Walters <walters verbum org>, Vincent Untz <vuntz gnome org>, 
Dieter Verfaillie <dieterv optionexplicit be>, Jernej Simončič 
<jernej|s-gmane eternallybored org>

Hello dear lawyers,

1. I'd be happy to add support for Microsoft accessibity layers (for 
people with disabilities) in GTK+ under Microsoft Windows, but there is
a problem with Windows SDK's license. The uiautomation.h and other UI
Automation (UIA, a Windows accessibility API) headers cannot probably be 
distributed with GTK+. These headers are part of Windows SDK.

Windows SDK for Windows 7 and .NET EULA says at section 2.a.iii:

"Distribution Restrictions.  You may not <...> modify or distribute
the source code of any Distributable Code so that any part of it
becomes subject to an Excluded License.  An Excluded License is one
that requires, as a condition of use, modification or distribution,
that
* the code be disclosed or distributed in source code form; or
* others have the right to modify it."

What should I do? Is it possible to extend GTK+ so that GTK+ developers 
(who build from source with UI Automation support enabled) will have to
download Windows SDK to build from source with UI Automation support
enabled?

I.e. I propose this algorithm for people who build GTK+:

1) If you don't need UIA, you build without Windows SDK.
2) If you need UIA, you fetch Windows SDK from microsoft.com and you're 
happy.

Is this possible? My concern is this WSDK EULA.

2. Is it possible to include my possible future UIA code into GTK+
codebase if I use the Windows SDK headers? (Provided that my code will
be quality, of course.)

Colin Walters <walters verbum org> replied on "2.", in the 
gtk-devel-list gnome org:

"That's a really good question, and all I can say here is it needs
someone with actual legal expertise to answer.  I'm not sure
what the process might be for handling that in GNOME.  Do we have
contacts with the FSF who might be able to help?"

Vincent Untz <vuntz gnome org> added the following to this Colin's reply:

"https://mail.gnome.org/mailman/listinfo/legal-list

(or ask the Foundation board to ask our lawyers)"

3. Dieter Verfaillie <dieterv optionexplicit be> added another option 
for getting this thing done:

"Another option might be to use the LoadLibrary() + GetProcAddress()
technique to get at the functions you need, which is already being
used with success in GLib and GTK+ [1]. Doing so makes it unnecessary
to redistribute proprietary licensed header files with GTK+ sources.

mvg,
Dieter

[1] For example in GLib master there's gio/win32/gwinhttpvfs.c
    and in GTK+ master there's gdk/win32/gdkdevicemanager-win32.c
    and gtk/gtkwin32theme.c
" (end of Dieter's words).

4. If you in an attempt to answer my questions need any clarifications, 
then please feel free to ask for them.

5. So, a summary questions are:

5a) What technical technique (for embedding accessibility features into 
the kind of GTK+ running under Microsoft Windows, and into GTK+ primary 
source code) is allowable by the international law, or by any laws that 
GTK+ must obey to?

5b) What is general guidance from a legal side for 
implementing/embedding the accessibility features into the kind of GTK+ 
running under Microsoft Windows, and into GTK+ primary source code?

6. Is it legal to send a copy of the Windows SDK for Windows 7 EULA 
license agreement to this list, so that you would be more informed, OR 
you (legal issues people) have to download Windows SDK for Windows 7 to 
check it yourself, since copying here the Windows SDK EULA might be 
subject to copyright considerations?

7. Also, Jernej Simončič <jernej|s-gmane eternallybored org> wrote the 
following into a gtk-devel list:

"The VirtIO drivers for Qemu-KVM build with the Windows Driver Kit, and 
they include the following in the license:

,-----
|
|    This software is licensed under the GNU General Public License,
|    version 2 (GPLv2) (see COPYING for details), subject to the following
|    clarification.
|
|    With respect to binaries built using the Microsoft(R) Windows Driver
|    Kit (WDK), GPLv2 does not extend to any code contained in or derived
|    from the WDK ("WDK Code"). As to WDK Code, by using or distributing
|    such binaries you agree to be bound by the Microsoft Software License
|    Terms for the WDK. All WDK Code is considered by the GPLv2 licensors
|    to qualify for the special exception stated in section 3 of GPLv2
|    (commonly known as the system library exception).
|
`-----
" (end of Jernej Simončič's words).

Best regards,
Evgeniy Philippov.