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LICENSE-OCB
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LICENSE-OCB
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OCB is a patent encumbered cipher mode.
The following is taken from http://www.cs.ucdavis.edu/~rogaway/ocb/license.htm (2016-04-8)
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While there are patents that cover OCB, I have decided to freely license my IP for “most” software. Note that the summaries below are non-binding summary of legal documents (clice on each link for the legal document). The parameters of the license are specified in the license document and that document is controlling.
License 1 — License for Open-Source Software Implementations of OCB (Jan 9, 2013)
Under this license, you are authorized to make, use, and distribute open-source software implementations of OCB. This license terminates for you if you sue someone over their open-source software implementation of OCB claiming that you have a patent covering their implementation.
License 2 — General License for Non-Military Software Implementations OCB (Jan 10, 2013).
This license does not authorize any military use of OCB. Aside from military uses, you are authorized to make, use, and distribute (1) any software implementation of OCB and (2) non-software implementations of OCB for noncommercial or research purposes. You are required to include notice of this license to users of your work so that they are aware of the prohibition against military use. This license terminates for you if you sue someone over an implementation of OCB authorized by this license claiming that you have a patent covering their implementation.
License 3 — Patent License for OpenSSL (Nov 13, 2013).
This license was provided at the request of the OpenSSL Software Foundation to specifically authorize use of OCB in OpenSSL.
An interesting provision of licenses 1 and 2 is that the license grant to a party terminates if that party sues someone else over their use of OCB. This is a legal scholar’s clever approach for me to try to discourage others from suing you for using OCB.
If you have a use for OCB in mind that is not covered by the above grants but for which you believe that a paid-up license would be inappropriate, please write to me to explain. Otherwise, I will license OCB under fair, reasonable, and non-discriminatory terms. Here is an old patent-assurance letter I wrote for the IEEE promising this. I expect licensees to pay a small, one-time fee. I intend that no solvent company should find licensing to be a significant burden. To inquire about a license other than those above, just send an email to rogaway@cs.ucdavis.edu
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I am publishing my implementation of this software under License 1.
If you use my implementation in your own software, you must ensure you adhere to one of the above licenses.
The full text of License 1 is reproduced below.
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License for Open Source Software Implementations of OCB
January 9, 2013
1 Definitions
1.1 "Licensor" means Phillip Rogaway.
1.2 "Licensed Patents" means any patent that claims priority to United States Patent
Application No. 09/918,615 entitled "Method and Apparatus for Facilitating
Efficient Authenticated Encryption," and any utility, divisional, provisional,
continuation, continuations-in-part, reexamination, reissue, or foreign counterpart
patents that may issue with respect to the aforesaid patent application. This
includes, but is not limited to, United States Patent No. 7,046,802; United States
Patent No. 7,200,227; United States Patent No. 7,949,129; United States Patent
No. 8,321,675; and any patent that issues out of United States Patent Application
No. 13/669,114.1.3 "Use" means any practice of any invention claimed in the Licensed Patents.
1.4 "Software Implementation" means any practice of any invention claimed in the
Licensed Patents that takes the form of software executing on a user-
programmable, general-purpose computer or that takes the form of a computer-
readable medium storing such software. Software Implementation does not
include, for example, application-specific integrated circuits (ASICs), field-
programmable gate arrays (FPGAs), embedded systems, or IP cores.
1.5 "Open Source Software" means software whose source code is published and
made available for inspection and use by anyone because either (a) the source code
is subject to a license that permits recipients to copy, modify, and distribute the
source code without payment of fees or royalties, or (b) the source code is in the
public domain, including code released for public use through a CC0 waiver. All
licenses certified by the Open Source Initiative at opensource.org as of January 9,
2013 and all Creative Commons licenses identified on the creativecommons.org
website as of January 9, 2013, including the Public License Fallback of the CC0
waiver, satisfy these requirements for the purposes of this license.
1.6 "Open Source Software Implementation" means a Software Implementation in
which the software implicating the Licensed Patents is Open Source Software.
Open Source Software Implementation does not include any Software
Implementation in which the software implicating the Licensed Patents is
combined, so as to form a larger program, with software that is not Open Source
Software.
2 License Grant
2.1 License. Subject to your compliance with the terms of this license, including the
restriction set forth in Section 2.2, Licensor hereby grants to you a perpetual,
worldwide, non-exclusive, non-transferable, non-sublicenseable, no-charge,
royalty-free, irrevocable license to practice any invention claimed in the Licensed
Patents in any Open Source Software Implementation.
2.2 Restriction. If you or your affiliates institute patent litigation (including, but
not limited to, a cross-claim or counterclaim in a lawsuit) against any entity
alleging that any Use authorized by this license infringes another patent, then any
rights granted to you under this license automatically terminate as of the date such
litigation is filed.
3 Disclaimer
YOUR USE OF THE LICENSED PATENTS IS AT YOUR OWN RISK AND
UNLESS REQUIRED BY APPLICABLE LAW, LICENSOR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED
PATENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT
OR OTHERWISE, ARISING FROM OR RELATED TO ANY USE OF THE
LICENSED PATENTS, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL
DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.