+1 - please take ALL of this to legal so we do not start using something that then gets ripped out of the project. It is what legal and frankly the ASF are for - to protect us and everyone using the software.

Cheers,
Ruppert

On Dec 1, 2009, at 4:25 AM, Jacques Le Roux wrote:

Well said

+1

Jacques

From: "Jacopo Cappellato" <jacopo.cappell...@hotwaxmedia.com>
Hans,

I really think that you should post this question to the ASF's legal list, not only for Birt but also for docbook, now that you mention it.
Also please include the dev list as cc.
Their review of this two license questions will definitely help to solve the problem and make us feel much more confident... Frankly speaking, I trust Scott a lot, but as a PMC member I don't feel comfortable of having him or you lead this conversations. As Scott said, we need lawyers because licenses are a pain and we have to deal with them in a very careful way.

Kind regards,

Jacopo


On Dec 1, 2009, at 10:01 AM, Hans Bakker wrote:

So you are not willing to discuss this with the eclipse guys and help me
solve a problem you came up with and seems to be blocking.

This is how i solved the docbook license problem and got an approval
from the owners because all this licence stuff is a pain in the butt not only for us but also for them. Apache OFBiz gets now so much weight that
often they either change the license or give us a specific approval.

Regards,
Hans

On Tue, 2009-12-01 at 21:42 +1300, Scott Gray wrote:
You'll really need to direct this to the legal mailing list, I'm not a lawyer and I have no idea what sort of exception they would need to make and what form it would take. All of my opinions have been based on the assumption that we would change to fit the licenses and not the
birt team change to suit us.

Regards
Scott

On 1/12/2009, at 9:23 PM, Hans Bakker wrote:

Scott,

i am trying to solve it the other way around. If they give us the
approval (= license) to include it in OFBiz, then we do not need an
clarification of the EPL license terms inside apache.

Also they seem not understand our problems, they state:
let us know and we will keep trying to help  you guys out.

that means they have an interest to have birt runtime distributed by
OFBiz.

so if you can explain to them which problems we have then perhaps they
will grant to license to us.

Regards,
Hans


On Tue, 2009-12-01 at 20:56 +1300, Scott Gray wrote:
Hi Hans,

I can try to help but I'm not sure I understand, nothing is in
question on the Eclipse side, birt is licensed EPL end of story,
asking them to change their license would be like someone asking us
to
change ours. The issue we're facing is compatibility of the ASL with
the EPL and we need to resolve it internally.

The ASF rules as I understand them (described here: http://www.apache.org/legal/resolved.html#category-b ) is that you cannot include EPL licensed source code in ASL licensed distributions, except for a very narrow range of exceptions. You can
however include as many EPL licensed binaries as you like.

Any java files that have been copied and modified from EPL source
code
(I pointed them out in another email, I don't have them handy) must
be
removed and replaced with new code without referencing EPL source
code
to create them (a clean-room implementation).

It is also my opinion that we cannot include EPL licensed javascript files (although David disagrees), which means we need to remove the
web report viewer.  If you want to side with David and keep the
report
viewer then at the very least the question should be asked on the
legal mailing list.

Regards
Scott

HotWax Media
http://www.hotwaxmedia.com

On 1/12/2009, at 8:25 PM, Hans Bakker wrote:

Hi Sott.

can you help?

You brought up the licensing concerns. We tried to talk to the
licensing
people at Eclipse and i am trying to solve a licensing problem as a
middleman i do not understand.

Could you please clarify with the people at lice...@eclipse.org
and in
particular mike.milinkov...@eclipse.org your concerns?

I am unable to solve the problem you brought up.

Regards,,
Hans

This is the last conversation we had up to now:
We sent the following message:
We would like to ask for approval of the inclusion of the BIRT
runtime
with Apache OFBiz because we have concerns in the ofbiz community
of
we can include the runtime.

one of our committers found the following license problems:
I checked out the branch and had a look, I see a large number of
javascript and jsp source files that are EPL licensed and I'm
pretty sure that we cannot include them.

Additionally and this one is a little more obscure and I could
quite possibly be wrong but the dteapi.jar file contains a
javax.olap package and the only reference I can find to that
package is jsr-69 (http://jcp.org/en/jsr/detail?id=069).
According
to that page the jsr never reached Final Release and the Proposed Final Draft was licensed under an evaluation license. Birt has
written the source code for the interfaces defined by the
specification themselves and licensed it as EPL but I have know
idea whether they were legally allowed to do that.

could you please clarify these concerns?

His answer was:
---------------
Thanks for bringing your enquiry here. The birt-dev list is not
equipped
to handle licensing questions.

First of all, the usual caveats apply. I am not a lawyer. This is
not
legal advice.

But first, I have some questions. When you say “redistribute”,
what do
you mean? The EPL allows the redistribution of source code under the
EPL; binaries may be re-licensed. When you say “under the EPL
license it
is allowed to re-distribute small amounts of source like javascript
and
jsp's when it is unlikely it is changed”, if you are suggesting that
EPL
source code can be re-licensed under (say) the Apache license, you
are
mistaken. EPL source code can never be re-licensed. However, as per
the
Apache Foundation Third Party Licensing Policy, Apache projects can
use
and distribute EPL-licensed binaries.


Reading between the lines I suspect that the issue you are grappling with is that JavaScript does not really distinguish between source
code
and binary code. If so, let us know and we will keep trying to help
you
guys out.



Mike Milinkovich

Office: +1.613.224.9461 x228

Mobile: +1.613.220.3223

mike.milinkov...@eclipse.org






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