License review: Trusted Computing Group

Simon Josefsson <[email protected]> Tue, 28 Jan 2025 13:57:47 +0100
Newsgroups	gmane.linux.debian.devel.legal
Message-ID	<[email protected]>
Hi

I'm working on packaging https://github.com/google/go-tpm-tools/ which
has a LICENSE file that claims:

  A portion of the source code is derived from the TPM specification,
  which has a TCG copyright.  It is reproduced here for reference.

The file has some other problem [1], so I'm not confident that this part
is actually still a valid statement, but I reckon it is reasonable to
assume so until some clarification is available.

That begs the question, is the license below suitable for inclusion into
Debian main?  See verbatim quote below.

/Simon

[1] https://github.com/google/go-tpm-tools/issues/533

Licenses and Notices
Copyright Licenses:

* Trusted Computing Group (TCG) grants to the user of the source code
in this specification (the "Source Code") a worldwide, irrevocable,
nonexclusive, royalty free, copyright license to reproduce, create
derivative works, distribute, display and perform the Source Code and
derivative works thereof, and to grant others the rights granted
herein.

* The TCG grants to the user of the other parts of the specification
(other than the Source Code) the rights to reproduce, distribute,
display, and perform the specification solely for the purpose of
developing products based on such documents.  

Source Code Distribution Conditions:

* Redistributions of Source Code must retain the above copyright
licenses, this list of conditions and the following disclaimers.

* Redistributions in binary form must reproduce the above copyright
licenses, this list of conditions and the following disclaimers in the
documentation and/or other materials provided with the distribution.

Disclaimers:

* THE COPYRIGHT LICENSES SET FORTH ABOVE DO NOT REPRESENT ANY FORM OF
LICENSE OR WAIVER, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, WITH
RESPECT TO PATENT RIGHTS HELD BY TCG MEMBERS (OR OTHER THIRD PARTIES)
THAT MAY BE NECESSARY TO IMPLEMENT THIS SPECIFICATION OR
OTHERWISE. Contact TCG Administration
([email protected]) for information on specification
licensing rights available through TCG membership agreements.

* THIS SPECIFICATION IS PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY
OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE.

* Without limitation, TCG and its members and licensors disclaim all
liability, including liability for infringement of any proprietary
rights, relating to use of information in this specification and to
the implementation of this specification, and TCG disclaims all
liability for cost of procurement of substitute goods or services,
lost profits, loss of use, loss of data or any incidental,
consequential, direct, indirect, or special damages, whether under
contract, tort, warranty or otherwise, arising in any way out of use
or reliance upon this specification or any information herein.

Any marks and brands contained herein are the property of their
respective owners.
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