Bug#551861: [eclim-user] Fwd: Re: RFP: eclim -- Integration between the eclipse IDE and the VIM text editor

2010-10-14 Thread Niels Thykier
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On 2010-10-14 06:00, Eric Van Dewoestine wrote:
 [...]
 
  Which implies that if a EPL'ed plugin, which is not produced by the
  Eclipse Foundation, is loaded side by side with the eclim plugin then
  your license will be violated. As an example the CMakeBuilder plugin is
  EPL'ed but not developed by the Eclipse Foundation. It is my guess that
  FSF will consider it a violation of your license in this case.
That being said, this is only a problem if the resulting combination
  is distributed (the GPL allows you to do pretty much anything with an
  in-house copy of the licensed work). But as I read this, it effectively
  prevents anyone outside of the Eclipse Foundation to derive from your
  work or use (parts of) it as a library for their eclipse plugin.
 Yes, that should prevent bundles like aptana and myeclipse from
 bundling eclim as part of their eclipse distributions, but I don't
 mean to prevent eclim from being install along side other plugins with
 conflicting licenses.  Perhaps altering my NOTICE a bit would help
 with your concerns, like removing the Permission is granted.. block
 and simply rolling some of that info into the gpl exception as
 follows:
 
   If you modify this Program, or any covered work, by linking or
   combining it with Eclipse (cdt, jdt, pdt, wst, and any other eclipse
   extension produced by the Eclipse Foundation), containing parts
   covered by the terms of the EPL, the licensors of this Program grant
   you additional permission to convey the resulting work.
 
 That should hopefully make it more clear that this is intended to
 cover distribution and is not intended to restrict what the user can
 link eclim with in their personal install, so long as they don't
 distribute the result of course.  Is that enough to permit debian to
 redistribute eclim as a distinct package (excluding the vimplugin
 exception yet to be dealt with)?
 

I was mostly asking because I thought you might unintentionally excluded
some EPL licensed plugins. Since it was intended it is all good.

Basically what is required to distribute your plugin in Debian is that
it follows the spirit (not the letter) of the DFSG[1]. So all we need is
a non-discriminating permission to link your work and the vimplugin code
against the core part of eclipse. We will ship eclim separately from
eclipse itself and other plugins (we do this with all plugins packaged
in Debian so far anyway), so we would not be violating the extra permission.

As I recall, if you do not distribute the resulting work, most of the
restrictions of the GPL license do not apply to you. So your users
probably already have the permission to install and load the other
plugins. You probably do not need to reword it. (However, do note the
/probably/)

Anyhow, I (still) have not done a deep license analysis of your plugin
yet. All my comments so far are based on your NOTICE file and such.

[1] http://www.debian.org/social_contract


  Yes, I am being pedantic here. Unfortunately legal things tend to be
  this at least in some countries. Also I am not the one who has to
  approve the license of your project for distribution in Debian, but
  these people expect me to do my homework first...
 Totally understood and I'm certainly open to making changes to ease
 debian's and other's ability to distributed eclim.
 

Awesome :) I may have to take you up on that offer, but I hope we are
all good to go license-wise once you have cleared the vimplugin.

  I also have my reservations about packaging an embedded version of
  vimplugin with eclim. Optimally your changes could be merged into
  vimplugin itself.
But then again, if the upstream of vimplugin is no longer active, this
  is usually not a problem as long embedding vimplugin does not become a
  fashion.
 Yeah I'd love to push all my changes upstream but unfortunately the
 vimplugin project is pretty much dead as far as I can tell.  I highly
 doubt that embedding vimplugin would become a fashion since
 embedding vim is such a niche, and when not combined with eclim, I
 hardly see the point, especially with plugins like vrapper out there
 that add vi/vim key bindings to the existing eclipse editors.
 
 [...]

Well, if wimplugin is dead, you could become the new upstream for it or
simply supersede it ;) For now, lets not worry about this.

~Niels

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Bug#551861: [eclim-user] Fwd: Re: RFP: eclim -- Integration between the eclipse IDE and the VIM text editor

2010-10-13 Thread Eric Van Dewoestine
On 2010-10-12 07:44:45, Niels Thykier wrote:
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 On 2010-10-11 16:18, Eric Van Dewoestine wrote:
  [...]
 

 Hi

  Note, the expected I'm not a lawyer applies to my interpretation of
  these licenses:
 

 Yupe, me neither. Trust me, legal stuff is among my least favourite
 parts of packaging software for Debian. Nevertheless it is a requirement
 for distributing it in Debian, so...

  GPL and EPL are not compatible, but the GPL3 has the following
  exception:
 
  http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs
 
  If you want your program to link against a library not covered by the
  system library exception, you need to provide permission to do that.
 
  ...
 
  Only the copyright holders for the program can legally release their
  software under these terms. If you wrote the whole program yourself,
  then assuming your employer or school does not claim the copyright,
  you are the copyright holder—so you can authorize the exception.
 
 
  The EPL also has has different interpretation of a derivative work
  allowing eclipse plugins to not automatically need to be licensed
  under the EPL:
 
  http://www.eclipse.org/legal/eplfaq.php#DERIV
 
  26. Some free software communities say that linking to their code
  automatically means that your program is a derivative work. Is
  this the position of the Eclipse Foundation?
 
  No, the Eclipse Foundation interprets the term derivative work
  in a way that is consistent with the definition in the U.S.
  Copyright Act, as applicable to computer software. Therefore,
  linking to Eclipse code might or might not create a derivative
  work, depending on all of the other facts and circumstances.
 
  27. I‘m a programmer not a lawyer, can you give me a clear cut example
  of when something is or is not a derivative work?
 
  If you have made a copy of existing Eclipse code and made a few
  minor revisions to it, that is a derivative work. If you've
  written your own Eclipse plug-in with 100% your own code to
  implement functionality not currently in Eclipse, then it is not a
  derivative work. Scenarios between those two extremes will require
  you to seek the advice of your own legal counsel in deciding
  whether your program constitutes a derivative work.
 
  For clarity, merely interfacing or interoperating with Eclipse
  plug-in APIs (without modification) does not make an Eclipse
  plug-in a derivative work.
 

 I vaguely recall the not required to use EPL for a plugin thing, but
 FSF insists that GPL for a plugin is a violation of the GPL unless there
 is extra permissions[1].

Which is what's included in my NOTICE file.

 
  You can also read the eclim NOTICE file where I attempt to comply with
  requirements of the licenses of software utilized by eclim:
 
  http://github.com/ervandew/eclim/blob/master/NOTICE
 

 Sweet... However your notice file makes me wonder if vimplugin has this
 exception. I did a short check of their SVN but I did not find something
 that suggest this, so all files from the vimplugin cannot be covered by
 your exception unless you have the permission of the copyright holders
 of the vimplugin.

Valid point.  Although vimplugin has no other purpose than to be
linked with eclipse, I don't recall them explicitly granting that
permission like I have.  I'll see if I can contact them regarding this
issue, though this could be difficult since I haven't seen any of the
devs respond on their mailing list in, well, years.

   If you have said permission, you probably want to clarify that in your
 NOTICE file.

 Likewise, if eclim links against other plugins/libraries, if they are
 GPL'ed these plugins/libraries must both be compatible with GPL v3 and
 EPL at the same time (namely if they are GPL'ed they must have the extra
 permission like eclim has).

 Then there is the part:

 Permission is granted to link this work with:
   - Eclipse (cdt, jdt, pdt, wst, and any other eclipse extension produced by
 the Eclipse Foundation under the terms of the EPL).

 Which implies that if a EPL'ed plugin, which is not produced by the
 Eclipse Foundation, is loaded side by side with the eclim plugin then
 your license will be violated. As an example the CMakeBuilder plugin is
 EPL'ed but not developed by the Eclipse Foundation. It is my guess that
 FSF will consider it a violation of your license in this case.
   That being said, this is only a problem if the resulting combination
 is distributed (the GPL allows you to do pretty much anything with an
 in-house copy of the licensed work). But as I read this, it effectively
 prevents anyone outside of the Eclipse Foundation to derive from your
 work or use (parts of) it as a library for their eclipse plugin.

Yes, that should prevent bundles like aptana and myeclipse from
bundling eclim as part of their eclipse distributions, but I don't
mean to prevent eclim from 

Bug#551861: [eclim-user] Fwd: Re: RFP: eclim -- Integration between the eclipse IDE and the VIM text editor

2010-10-11 Thread Eric Van Dewoestine
On 2010-10-11 13:30:26, Thomas Koch wrote:
 @eclim: see http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=551861

 Hi Niels,

  The license of eclipse (EPL) and eclim (GPLv3) are not compatible so if
  eclim links against eclipse, then there is an issue. I have not checked
  whether this is this case with eclim, but it is likely.
 
  This incompatibility is acknowledged both by GNU and eclipse:
 
  http://en.wikipedia.org/wiki/Eclipse_Public_License
  http://www.eclipse.org/legal/eplfaq.php#GPLCOMPATIBLE
  http://www.gnu.org/licenses/license-list.html#GPLIncompatibleLicenses
 thank you for pointing this out. I'm not sure whether this incompatibility is
 an issue here. AFAIK Eclim delivers a bunch of eclipse plugins, some VIM
 plugins and relies on nailgun[1] for the communication between VIM and
 Eclipse.
 Is it possible to package Eclipse plugins that are licensed under the GPL3? If
 not, we should ask the Eclim project if it could add an additional license.
 Should it be the Eclipse license then or would a BSD license do?

 [1] http://martiansoftware.com/nailgun/

 Best regards,

 Thomas Koch, http://www.koch.ro

Note, the expected I'm not a lawyer applies to my interpretation of
these licenses:

GPL and EPL are not compatible, but the GPL3 has the following
exception:

http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs

If you want your program to link against a library not covered by the
system library exception, you need to provide permission to do that.

...

Only the copyright holders for the program can legally release their
software under these terms. If you wrote the whole program yourself,
then assuming your employer or school does not claim the copyright,
you are the copyright holder—so you can authorize the exception.


The EPL also has has different interpretation of a derivative work
allowing eclipse plugins to not automatically need to be licensed
under the EPL:

http://www.eclipse.org/legal/eplfaq.php#DERIV

26. Some free software communities say that linking to their code
automatically means that your program is a derivative work. Is
this the position of the Eclipse Foundation?

No, the Eclipse Foundation interprets the term derivative work
in a way that is consistent with the definition in the U.S.
Copyright Act, as applicable to computer software. Therefore,
linking to Eclipse code might or might not create a derivative
work, depending on all of the other facts and circumstances.

27. I‘m a programmer not a lawyer, can you give me a clear cut example
of when something is or is not a derivative work?

If you have made a copy of existing Eclipse code and made a few
minor revisions to it, that is a derivative work. If you've
written your own Eclipse plug-in with 100% your own code to
implement functionality not currently in Eclipse, then it is not a
derivative work. Scenarios between those two extremes will require
you to seek the advice of your own legal counsel in deciding
whether your program constitutes a derivative work.

For clarity, merely interfacing or interoperating with Eclipse
plug-in APIs (without modification) does not make an Eclipse
plug-in a derivative work.


You can also read the eclim NOTICE file where I attempt to comply with
requirements of the licenses of software utilized by eclim:

http://github.com/ervandew/eclim/blob/master/NOTICE

--
eric



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