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Wrong detection for Apple MFi License as apple-excl #2503

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tardyp opened this issue Apr 22, 2021 · 1 comment
Open

Wrong detection for Apple MFi License as apple-excl #2503

tardyp opened this issue Apr 22, 2021 · 1 comment

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@tardyp
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tardyp commented Apr 22, 2021

We got some SDK provided by Apple under NDA under the MFi License.

This is a proprietary license with very similar wording as other Apple licenses, except you can't redistribute source (only binary)

I am not sure I can disclose the full text of the license in the open, I found a few exemples of similar files.
I am not sure I want to link there as they are probably illegal copies, but google will find it quite easily using search term:

WAC_POSIX_Server_1.22/Makefile

This license is detected be apple-excl, with following matches:

[LicenseMatch: '2-aho', lines=(9, 9), 'license-intro_35.RULE',
    'unknown-license-reference',
    sc=100.0, cov=100.0, len=6, hilen=0, rlen=6, qreg=(47, 52), ireg=(0, 5), LicenseMatch: '3-seq', lines=(11, 28), 'apple-excl.LICENSE',
    'apple-excl',
    sc=51.85, cov=51.85, len=182, hilen=40, rlen=351, qreg=(75, 313), ireg=(16, 221), LicenseMatch: '3-seq', lines=(39, 49), 'apple-excl.LICENSE',
    'apple-excl',
    sc=36.75, cov=36.75, len=129, hilen=29, rlen=351, qreg=(418, 546), ireg=(222, 350)]

apple-excl is classified permissive, which is not the case at all with MFi License, so we probably need to take care of this false positive

After a quick search on the closed issue list, it looks like my team mate @vbisserie already reported this during my vacations, but in my opinion closed it a bit too early.

@tardyp tardyp added the bug label Apr 22, 2021
@pombredanne
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The text would be this:

Disclaimer: IMPORTANT: This Apple software is supplied to you, by Apple Inc. ("Apple"), in your
capacity as a current, and in good standing, Licensee in the MFi Licensing Program. Use of this
Apple software is governed by and subject to the terms and conditions of your MFi License,
including, but not limited to, the restrictions specified in the provision entitled ”Public
Software”, and is further subject to your agreement to the following additional terms, and your
agreement that the use, installation, modification or redistribution of this Apple software
constitutes acceptance of these additional terms. If you do not agree with these additional terms,
please do not use, install, modify or redistribute this Apple software.

Subject to all of these terms and in consideration of your agreement to abide by them, Apple grants
you, for as long as you are a current and in good-standing MFi Licensee, a personal, non-exclusive
license, under Apple's copyrights in this original Apple software (the "Apple Software"), to use,
reproduce, and modify the Apple Software in source form, and to use, reproduce, modify, and
redistribute the Apple Software, with or without modifications, in binary form. While you may not
redistribute the Apple Software in source form, should you redistribute the Apple Software in binary
form, you must retain this notice and the following text and disclaimers in all such redistributions
of the Apple Software. Neither the name, trademarks, service marks, or logos of Apple Inc. may be
used to endorse or promote products derived from the Apple Software without specific prior written
permission from Apple. Except as expressly stated in this notice, no other rights or licenses,
express or implied, are granted by Apple herein, including but not limited to any patent rights that
may be infringed by your derivative works or by other works in which the Apple Software may be
incorporated.

Unless you explicitly state otherwise, if you provide any ideas, suggestions, recommendations, bug
fixes or enhancements to Apple in connection with this software (“Feedback”), you hereby grant to
Apple a non-exclusive, fully paid-up, perpetual, irrevocable, worldwide license to make, use,
reproduce, incorporate, modify, display, perform, sell, make or have made derivative works of,
distribute (directly or indirectly) and sublicense, such Feedback in connection with Apple products
and services. Providing this Feedback is voluntary, but if you do provide Feedback to Apple, you
acknowledge and agree that Apple may exercise the license granted above without the payment of
royalties or further consideration to Participant.

The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR
IN COMBINATION WITH YOUR PRODUCTS.

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION
AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

and we can add this as a new license alright!

pombredanne added a commit that referenced this issue May 21, 2021
Signed-off-by: Philippe Ombredanne <pombredanne@nexb.com>
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