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

[Tobias Mueller <muelli cryptobitch de>]

Hey Evgenii,

I just found your mail to legal-list.

If this is still an issue, please contact licensing gnome org.

CCed people: It seems that legal-list is not actively read. licensing@ is forwarded to the board and is more likely to be handled there. So if there will be any such case again, please recommend contacting licensing@.

Thanks,
  Tobi

On Sat, Apr 28, 2012 at 07:30:19PM +0900, Evgenii Philippov wrote:
> 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.