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freetds - Re: Sybase TDS Specification

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Subject: FreeTDS Development Group

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  • From: "Ryan Russell" <Ryan.Russell AT sybase.com>
  • To: "TDS Development Group" <freetds AT franklin.oit.unc.edu>
  • Subject: Re: Sybase TDS Specification
  • Date: Wed, 15 Sep 1999 11:37:13 -0700





>Anybody have any others?

I am speaking solely for myself. I do not speak for my employer.
I am not a laywer. Ignore the man behind the curtain.

>2.1 License Grant. Subject to the terms and conditions of this
> Agreement, You are granted a non-exclusive, non-transferable,
> royalty free license to:
>
> (a) use the TDS Specification solely for the development of TDS
> Source Code;

At one point in time, Sybase did an agreement with Network General
to include TDS decodes in their Sniffer product. They're great, I use them
all the time. This clause would seem to not allow that, barring separate
agreeement. (Were I, say, working on enhancing tcpdump.)

>(d) reproduce, sublicense and distribute your TDS Products
> incorporating the TDS Source Code (in binary or executable form).

I can only release binaries, no source? Did Sybase mean to
say (in source or executable form) ?

Here's the real problem, I think:

>As a condition to exercising the rights granted above, You agree
> that: (i) You will not market, distribute or otherwise make available
> any product or mechanism (including TDS Source Code) which
> would enable the TDS Protocol to be used in the development of,
> or in conjunction with, any software program or product other than
> a TDS Product (as defined above),

Folks here seem to think that distributing source code WILL enable
the TDS protocol to be used in development.... Can't argue
with that.

>(ii) your TDS Product(s)
> will not implement a protocol that is competitive with, or a
> substitute, for the TDS Protocol.

..Meaning that SQL*Net can't go into the same product, or
the product can't work with MS SQL server? Anything to prevent
the same folks from implementing those protocols in a different
source tree, i.e. a different product? (Not saying folks should,
just asking)

>2.2 License Restrictions. This is a limited license, not a sale. You
> are granted no right to transfer, sublicense, distribute, sell, assign
> or
> convey the TDS Specification or the TDS Protocol or any part of
> either of them, to any other party

Are folks not wanting to document the protocol in the FreeTDS distro?

Section 8.1 seems the same problem with 2.1.i , I think. Folks don't
feel they can release source without releasing the info they're not
supposed to. If Sybase specifically declared that releasing source
did not constitute releasing the spec, would folks have a problem
with the NDA?

Other issues:

Is something (clause) needed to allow discussion on the mailing list?

I'm just trying to help folks decided what they want. If any changes are to
be made, it would probably be most productive to have everything in
one shot, and for the FreeTDS folks to have suggested changes. None
of this applies to me (I probably can't work on FreeTDS myself at all)
I'm just interested on our customer's behalf.

Ryan










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