[bldg-sim] EnergyPlus V 1.2.2 released

Jeff Hirsch Jeff.Hirsch at DOE2.com
Tue Apr 26 20:15:50 PDT 2005

Regarding the EnergyPlus registration process...

WHY is a password needed?
  What is left to protect once the download is complete;
  the downloading entity is already known from the
  download process itself - the server log contains the
  IP address of the machine performing the download.
  Before the download is allowed other information has
  already been collected, so what does the password add
  to the process?

WHAT is the point in the password?
  Other than DOE getting a "confirmed" user email address;
  but why should providing this information be a requirement
  as it is easily changed at any time (immediately after
  obtaining the software, the email address can be abandoned,
  as it may have been a free yahoo or other untraceable
WHAT difference does it make?
  So you have an email address - what value is it, especially if
  the user would prefer to not supply that information.
WHY is the source code not included in the distribution?
  It is very difficult to use a complex program without the ability
  to look at the source to diagnose problems.  We distribute DOE-2
  source code, for all versions, within the DOE-2 executable program
  archives, all as freeware.  A similar readable version of EnergyPlus
  should be contained within the installed directory structure; what the big
  deal ... if you want wide use open it up to examination and
  review by all.
Why does the registration process require users to disclose
business information?
  This information may be interesting to DOE but should not be a
  requirement to obtain and use the software; we do not require
  this type of information for users to obtain eQUEST - in fact,
  no information is currently required to be provided to download,
  install, or use the freeware eQUEST.  Why is obtaining and using
  EnergyPlus, a US Government owned software, more restricted
  than a privately owned and maintained software?
Regarding EnergyPlus ownership, copyrights plus sue and sub-licensing ...

Are copyrights or other intellectual property rights in
EnergyPlus owned by the Government or others?
  The DOE contract with LBNL gives all rights to the government unless
  the Government explicitly awards them to LBNL.  Here is the contract language:
  Modification No.: M411
  Supplemental Agreement to
  Contract No.: DE-AC03-76SF00098

  NOTE: This clause applies to data and copyrightable works created by Contractor employees at
  the Laboratory or by Contractor employees assigned to the Laboratory doing work under this
  contract for the Laboratory at a location other than the Laboratory.  .....

  (a) Definitions.
  (1) "Computer Software," as used in the clause, means computer data bases and computer
  program and documentation thereof.
  (b) Allocation of rights.
  (1) Except as may be otherwise expressly provided or directed in writing by the DOE
  Patent Counsel, the Government shall have:
  (i) Ownership of all Technical Data and Computer Software first produced in the
  performance of this contract;
  (c) Copyright (general).
  (1) The Contractor agrees not to mark, register or otherwise assert a copyright in any data
  in a published or unpublished work, other than as set forth in paragraphs (d) and (e) below.
Have those rights, for work paid for by the Government, been awarded to others?

  LBNL can request, and DOE can grant, the copyright ability; here
  is the contract language:
  (e) Copyrighted works (other than scientific and technical articles).
  (1) The Contractor may obtain permission to assert copyright subsisting in Technical Data
  and Computer Software first produced by the Contractor in performance of this contract, where
  the Contractor can show that commercialization would be enhanced by such copyright
  protection, subject to the following:
  (i) Contractor request to assert copyright.
  (A) For data other than scientific and technical articles, the Contractor shall submit
  in writing to Patent Counsel its request to assert copyright in data first produced in the
  performance of this contract pursuant to this clause. Each request by the Contractor to be
  complete must include: the identity of the data (including any computer program) for which the
  Contractor requests permission to assert copyright, as well as an abstract which is descriptive of
  the data and is suitable for dissemination purposes; the program under which it was funded;
  whether the data is subject to an international treaty or agreement; whether the data is subject to
  export control; a statement that the Contractor plans to commercialize the data within five years
  of obtaining permission to assert copyright; 
  (B) Permission for the Contractor to assert copyright in excepted categories of data
  as determined by DOE is expressly withheld. Such excepted categories include data whose
  release ... would not enhance the appropriate transfer or dissemination and commercialization of
  such data; would have a negative impact on United States industrial competitiveness ...
It would seem those rights are in questions since only DOE distributes EnergyPlus
but the software contains the following copyright notice (readme.txt/pdf in install directory):
  Copyright © 1996-2005 The Board of Trustees of the University of Illinois and
  The Regents of the University of California through Ernest Orlando Lawrence
  Berkeley National Laboratory.  All rights reserved.

  This seem to "assert copyright" ... so who owns the copyright?

Yet the license implies but does not "assert" copyright and implies that LBNL
may not have the required rights to distribute (it does not distribute) or license
the product ("Subject to receipt" language below):
  Contained in EnergyPlus 1.2.2 (current version downloaded 26 February 2005)




  Software: EnergyPlus

  Version: 1.2

  LICENSE GRANT. Subject to receipt by Berkeley Lab of any required U.S. Department of Energy approvals, Berkeley Lab grants you, and you hereby accept, a non-exclusive, non-transferable, royalty-free perpetual license to install and use the version noted above of the computer software program noted above, in executable code format only, together with any associated media, printed materials, and on-line or electronic documentation (if any) provided by Berkeley Lab (collectively, the "Software"), subject to the following terms and conditions:

  (a)       You may use the Software solely for your own internal use;

  (b)       You may not transfer the Software to any third party without the prior written consent of Berkeley Lab; you may not allow the Software to be accessed or used over the internet by any third party;

  (c)       You may copy the Software solely for backup and archival purposes; provided however that (i) you must reproduce all copyright notices and other proprietary notices on any copies of the Software and you must not remove or alter those notices; and (ii) all copies of the Software shall be subject to the terms of this Agreement;

  (d)       You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software.  You may not modify, alter, or create derivative works of the Software in any manner; and

  (e)       You may not rent, lease, loan, sublicense, distribute or otherwise transfer the Software to any third party, nor use the Software for commercial time-sharing or service bureau use.

What does "solely for your own internal use" mean and why is it in the license? 

Most of us perform services for others so we are violating this license. 

Why is  this language needed?  Why is it necessary to restrict the use

in any way.

  By contrast the eQUEST license (private ownership) is non-restrictive

  as follows:


  This EULA grants you the following rights:
  * Installation and Use. You may install and use a copy of the 
  SOFTWARE on any computer owned by, rented to, or leased to, you 
  or your company.

  Our DOE-2 Licenses (like EnergyPlus, a simulation program not including

  a user interface like eQUEST) use terms are as follows:

  License to Use Software
  You may:

  ·   Install and use the Software on any computer owned, rented or leased by yourself or your company.

  ·   Make backup copies of the Software for use allowed by this license.

  You may not:

  ·   Distribute the Software in any way to any third party.

  ·   Make copies of the Software for any purpose other than as a backup.

  ·   Sell, rent, or lease the software.

  ·   Transfer any of your rights under this license to a third party. 

  ·   Modify, adapt, or translate the Software.

  You must:

  ·   Maintain all copyright notices on all copies of the Software.

  ·   Keep a copy of this license agreement with the Software.


Why is "you may not allow the Software to be accessed or used over the internet by any third party" needed?
Does not (a) provide the same limitation?  Why not allow it anyway?

What does "nor use the Software for commercial time-sharing or service bureau use"

mean and why is this language needed?  Seems to again limit users' ability to use the

software in the process of performing services for others.

Jeff Hirsch
James J. Hirsch & Associates
Building Performance Analysis Software & Consulting
12185 Presilla Road
Camarillo, CA 93012-9243 USA
phone: (805) 553-9000
fax: (805) 532-2401
email: Jeff.Hirsch at DOE2.com
web: http://DOE2.com

----- Original Message ----- 
From: <Drury.Crawley at EE.DOE.GOV>
To: <bldg-sim at gard.com>
Sent: Monday, April 25, 2005 7:43 PM
Subject: [bldg-sim] EnergyPlus V 1.2.2 released

> The newest version of EnergyPlus (1.2.2) was released
> on April 22, 2005 (Earth Day!) and is now available
> in versions for both the Windows and Linux operating
> systems. You can download EnergyPlus at no cost from
> the EnergyPlus web site:  www.energyplus.gov .
> What's New in Version 1.2.2?
> A few of the new features are listed below.
> See www.energyplus.gov/features.html for a complete
> list of new features added in this and previous
> versions:
>  -- modeling of ventilated photovoltaic roof and
>     other cladding systems
>  -- natural cross ventilation
>  -- simplified definition of HVAC systems
>  -- refrigerated casework
>  -- variable speed cooling towers
>  -- link to SPARK to simulate complex equipment and
>     systems not in EnergyPlus
>  -- more than 2,200 pages of documentation
> and speed improvements throughout.
> User Interfaces
> Several interfaces and utilities for EnergyPlus are
> available. EP-Quick creates an EnergyPlus input file
> based on a broad range of zone templates.  EP-Quick
> was released in April 2005. E2AC is an interface in
> Portuguese available in a beta version (since January
> 2005). An English version of E2AC is planned in the
> next few months. DesignBuilder is a full-featured
> interface available in a beta version. Several other
> interfaces are under development. Watch our web site
> (www.energyplus.gov/ep_interfaces.html ) for up-to-date
> information on these and other interfaces.
> A number of utilities and tools for creating, editing,
> and running input files come with EnergyPlus,
> including IDF Editor, EP-Launch, and HVAC-Diagram (see
> www.energyplus.gov/ep_utilities.html ). Third party
> tools for creating, editing, and displaying EnergyPlus
> input files are also available, including DrawBDL,
> EcoTect, Green Building Studio, EzDrawPlus, IFCtoIDF,
> TSe+, and EzPlus-Parm.  See
> www.energyplus.gov/third_party_tools.html for more
> information.
> What can I expect with V1.2.2?
>       Are there considerable differences between
>       version 1.2.2 and 1.2.1?
>             Yes.... and no. There are a number of
>             new features and bug fixes.
>       How about IDF and IDD? Do they remain unchanged?
>             There will be some changes in the IDD and
>             reflected in IDFs. Particularly for any
>             new features, there will be new objects.
>       Is version 1.2.2 backward compatible? Can I
>       run a v1.2.1 file in v1.2.2?
>             For the most part, the answer is yes.
>             Some report variables have changed
>             names.  To be sure, you can execute
>             the transition program  that will
>             "transition" IDFs from V1.2.1 to V1.2.2.
>             You can also view the ObjectStatus
>             spreadsheet in the root folder of the
>             installed version. This file has detailed
>             explanations of changes to the objects.
> EnergyPlus Weather Data
> More than 240 weather files have been added to the
> EnergyPlus web site since the last release. Weather
> data for more than 900 locations in 100 countries are
> available on the EnergyPlus web site:
> www.energyplus.gov/weatherdata.html.  If you have
> other weather data that you'd be willing to share with
> other EnergyPlus users, please contact the EnergyPlus team.
> Thanks!
> The EnergyPlus Team
> ======================================================
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