Re: Classpath Licensing

2003-02-11 Thread Roy T. Fielding
On Thursday, February 6, 2003, at 12:30  PM, Noel J. Bergman wrote:
I believe Classpath has a special exception for distribution, but,
AIUI, that isn't typical of FSF packages.
I agree.  The only issue for me is whether or not the Classpath 
packages are
a suitable special case that we can use.
The answer is no.  Look, this should be clear from the license text.
The exception refers to the effect of linking done by the Classpath
code, which is a neutral third-party.  The exception is to allow the
neutral third-party (GPL code) to cause other object code to be
combined without altering the license of that object code.  It does
not make an exception to any direct use of the GPL code itself,
such as if some part of our code did an import of one of the classes
within the GPL library.
As to the rest, you have a valid point that the FSF holds a copyright 
on the
code.  However, Nic is entitled to multi-license his own code (not all 
of
Classpath, but I was specifically thinking of his implementation of 
JavaMail
and Chris' implementations of JavaMail handlers), and thus it seems 
that
their representation would have effect.
Nic just repeated what the license says.  It has no relevance to a
situation where one java app/library imports from an LGPL class.
Personally, I'd prefer for them to license their source under the ASF
license, but as long as we can use their binaries, that suffices.
We can *use* their binaries.  We cannot introduce features that depend
only on their binaries (or their source code, for that matter).  Doing
so restricts the distribution of our entire product to LGPL or GPL,
which is why it is forbidden within the ASF.
If the developer dual-licenses the code in a form that is non-viral,
such as the Apache or MPL 1.1 licenses, then we can depend on it.
Roy
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Re: Classpath Licensing

2003-02-11 Thread Santiago Gala

 On Thursday, February 6, 2003, at 12:30  PM, Noel J. Bergman wrote:
 I believe Classpath has a special exception for distribution, but,
 AIUI, that isn't typical of FSF packages.

 I agree.  The only issue for me is whether or not the Classpath
 packages are
 a suitable special case that we can use.

 The answer is no.  Look, this should be clear from the license text. The
 exception refers to the effect of linking done by the Classpath code,
 which is a neutral third-party.  The exception is to allow the neutral
 third-party (GPL code) to cause other object code to be
 combined without altering the license of that object code.  It does not
 make an exception to any direct use of the GPL code itself,
 such as if some part of our code did an import of one of the classes
 within the GPL library.

 As to the rest, you have a valid point that the FSF holds a copyright
 on the
 code.  However, Nic is entitled to multi-license his own code (not all
  of
 Classpath, but I was specifically thinking of his implementation of
 JavaMail
 and Chris' implementations of JavaMail handlers), and thus it seems
 that
 their representation would have effect.

 Nic just repeated what the license says.  It has no relevance to a
 situation where one java app/library imports from an LGPL class.

 Personally, I'd prefer for them to license their source under the ASF
 license, but as long as we can use their binaries, that suffices.

 We can *use* their binaries.  We cannot introduce features that depend
 only on their binaries (or their source code, for that matter).  Doing
 so restricts the distribution of our entire product to LGPL or GPL,
 which is why it is forbidden within the ASF.

 If the developer dual-licenses the code in a form that is non-viral,
 such as the Apache or MPL 1.1 licenses, then we can depend on it.


I see perfectly the point. One of the distinguishing (positioning)
features of the ASF is that it allows us (at least me, I suspect many of
us) to work with clients using the Apache code base, without forcing
them to free our modifications to the source code.

While I try to encourage contributing back from my customers, I'm
not always able to get the message through. Some times it is due to the
changes revealing Business processes that they don't want to show.
Most of the times it is because they (mistakenly) believe that their
modifications give them a competitive advantage.
I make my life, at least bug are found and they always allow me
to contribute back small patches in core tools.

I would not be able to use GPL code
in such contexts, or it would be far more difficult, if I arrived with
code that forced restrictions upon them.

Given that the position of knowledgeable people seems to be that LGPL +
original interfaces = derivative work (which I half agree), I understand
and support the ASF policies regarding the subject.

My small +1 ;-)

Regards,
 Santiago

 Roy





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RE: Classpath Licensing

2003-02-06 Thread Noel J. Bergman
Nic,

Thank you for the explanation.  I am cc'ing others to pass on your
explanation.  Hopefully this can put a few of the licensing concerns in
these specific cases to rest, but if there is a need for any further
clarification required, I hope that the ASF Board will contact you directly
as necessary.

-- Noel

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of
Nic Ferrier
Sent: Thursday, February 06, 2003 4:44
To: Noel J. Bergman
Cc: Chris Burdess
Subject: Re: Classpath Licensing


Noel J. Bergman [EMAIL PROTECTED] writes:

 Serge:
 The Classpath author adds an addendum to allow bundling of this library
 into an executable, but that still won't allow us to distribute jars in
 CVS or downloadable with source builds (never mind Java doesn't have
 executables).  ibiblio would still be in violation of the license, as
 would CVSWeb, CVS, and anything that allowed these Jars to be downloaded
 independently.

This is not correct. The exception allows Apache (or any) code to
object link to ClasspathX code.

Distributing the jar file is not a problem.


Noel said:
 By the way, if you are curious about the LGPL, I understand that one of
the
 problems with the LGPL is this clause: When a work that uses the
Library
 uses material from a header file that is part of the Library, the object
 code for the work may be a derivative work of the Library even though the
 source code is not. Whether this is true is especially significant if the
 work can be linked without the Library, or if the work is itself a
library.
 The threshold for this to be true is not precisely defined by law.

 Because the FSF has thus far declined to clarify the picture for Java, the
 preceding clause is interpreted that simply an import could be construed
to
 contaminate the importing class.

The FSF is clear on the issue. You can object link LGPLed Java with
other code without special permission. This is because there is no
textual inclusion.

The GPL+exception btw is well understood on this side of the fence
because it is the licence Guile has used for many years to protect
the source code but not preventing linking to other code.


Nic


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Re: Classpath Licensing

2003-02-06 Thread Nic Ferrier
Noel J. Bergman [EMAIL PROTECTED] writes:

 Nic,
 
 Thank you for the explanation.  I am cc'ing others to pass on your
 explanation.  Hopefully this can put a few of the licensing concerns in
 these specific cases to rest, but if there is a need for any further
 clarification required, I hope that the ASF Board will contact you directly
 as necessary.

Ok Noel. I don't mind peope coming to me with direct questions but
I'd rather not get involved in the general discussion because:

1. I'm not a lawyer, you should talk to Eben or to rms if you need
   100% lawyer proof stuff

2. discussions like this have a tendancy to go nowhere in particular.



Nic


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