Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Ben Westover
Hello,

On 8/4/22 8:30 PM, Paul Wise wrote:
> What would have changed since the 2004 review of APSL 2.0?

Here's a quote from that 2020 challenge of the APSL-1.2 being considered
non-free in 2001:

> For the APSL-1.2, it seems that the only clause that makes the
> license non-DFSG-compliant is this one:
>
>> (c)  You must make Source Code of all Your Deployed Modifications
>>  publicly available under the terms of this License, including
>>  the license grants set forth in Section 3 below, for as long as
>>  you Deploy the Covered Code or twelve (12) months from the date
>>  of initial Deployment, whichever is longer. You should
>>  preferably distribute the Source Code of Your Deployed
>>  Modifications electronically (e.g. download from a web site);
>
> It was claimed in [6] that this clause makes the APSL-1.2
> non-DFSG-compliant as it's not possible for Debian to keep every
> single modification around for at least 12 months.
>
> This claim may have been valid in 2001, but I think it does not hold
> up for 2020 since source code to packaging in Debian is usually
> maintained in Salsa or Github and therefore keeping all modifications
> available for 12 months and longer, plus there is Debian Snapshots [7]
> which keeps a older versions of a package around as well - including
> source code.

Things like this make me question whether the 2004 decision to consider
the APSL 2.0 non-DFSG-compliant is still valid in 2022. In fact, after
reading through the thread [1] the wiki references making the APSL 2.0
incompatible with the DFSG, I'm not so sure it does that. IANAL, but
from what I could understand it seemed that there was a good argument
that the alleged non-DFSG clauses actually *did* comply with the DFSG,
and that argument wasn't fully refuted. The wiki references one other
thread, but that thread is specifically about the APSL 1.2, which the
APSL 2.0 fixes the issues of according to the FSF. That thread was
finished about two years before the APSL 2.0 came into existence.

I just want to reopen the issue of whether or not the APSL 2.0, not 1.2,
is DFSG-compliant, reviewing it fully instead of relying on a
questionable decision made in 2001/4.

Thanks,
--
Ben Westover

[1]: https://lists.debian.org/debian-legal/2004/06/msg00573.html


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Thu, 2022-08-04 at 19:09 -0400, Ben Westover wrote:

> Those are based on conversations that are almost a decade old, and some 
> things have changed since then. I just wanted a re-review of the license 
> in 2022 to see if the complaints from before still hold up today.

What would have changed since the 2004 review of APSL 2.0?

-- 
bye,
pabs

https://wiki.debian.org/PaulWise


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Ben Westover

Hello Mihai,

On 8/4/22 02:03, Mihai Moldovan wrote:

According to
https://wiki.debian.org/DFSGLicenses#Apple_Public_Source_License_.28APSL.29 ,
which also lists discussions/reasoning for version 1.0 (which is considered
non-free) and your desired version 2.0, it is considered free, but
DFSG-incompatible.


Those are based on conversations that are almost a decade old, and some 
things have changed since then. I just wanted a re-review of the license 
in 2022 to see if the complaints from before still hold up today.


Thanks,
--
Ben Westover


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Thu, 2022-08-04 at 19:15 -0400, Ben Westover wrote:

> Interesting, the APSL 2.0 is seen in some relatively important
> packages like Chromium and QtWebEngine.

I wouldn't put any weight on the presence of the APSL 2.0 license text
in the archive, probably it got into Debian in those packages due to
lack of copyright/license review rather than deliberate acceptance,
especially since it is in one of the many code copies in both of them.

-- 
bye,
pabs

https://wiki.debian.org/PaulWise


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Ben Westover
Hi Walter,

On August 5, 2022 1:03:18 AM EDT, Walter Landry  wrote:
>As someone who participated in that original exchange in 2004, APSL 2.0
>still looks impossible to follow.  If Debian suddenly goes off-line,
>Debian is not in compliance with the license.

How exactly does Debian "go off-line", with so many mirrors and other forms of 
redundancy?

>For all of the other
>licenses, offering the source at the same time is sufficient.  For APSL
>2.0, Debian has to keep the source archive up for at least 12 months
>since it last published a modification.

Doesn't the GPL2 mandate three years of distribution for non-personal 
modifications?

--
Ben Westover

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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Walter Landry
Ben Westover writes:
> On August 5, 2022 1:03:18 AM EDT, Walter Landry  wrote:
>>As someone who participated in that original exchange in 2004, APSL 2.0
>>still looks impossible to follow.  If Debian suddenly goes off-line,
>>Debian is not in compliance with the license.
>
> How exactly does Debian "go off-line", with so many mirrors and other
> forms of redundancy?

The long arm of the law can make that happen.  Whatever problems Debian
may have with the law, that does not excuse its obligations under the
license.

But that is just if Debian wanted to distribute the code in non-free.
For the main archive, the DFSG is a guarantee for the users.  I know
that if I, as an individual, get code from main and distribute changes,
at most I will have to publish the corresponding source at the same
time.  The APSL requires me, personally, to make the corresponding
source available for 12 months.  I can not just take down my website and
work on a farm.

>>For all of the other
>>licenses, offering the source at the same time is sufficient.  For APSL
>>2.0, Debian has to keep the source archive up for at least 12 months
>>since it last published a modification.
>
> Doesn't the GPL2 mandate three years of distribution for non-personal
> modifications?

No.  If you distribute the corresponding source at the same time, that
is enough.

Cheers,
Walter Landry



Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Walter Landry


Ben Westover writes:

> Hello,
>
> On 8/4/22 8:30 PM, Paul Wise wrote:
>> What would have changed since the 2004 review of APSL 2.0?
>
> Here's a quote from that 2020 challenge of the APSL-1.2 being considered
> non-free in 2001:
>
>> For the APSL-1.2, it seems that the only clause that makes the
>> license non-DFSG-compliant is this one:
>>
>>> (c)  You must make Source Code of all Your Deployed Modifications
>>>  publicly available under the terms of this License, including
>>>  the license grants set forth in Section 3 below, for as long as
>>>  you Deploy the Covered Code or twelve (12) months from the date
>>>  of initial Deployment, whichever is longer. You should
>>>  preferably distribute the Source Code of Your Deployed
>>>  Modifications electronically (e.g. download from a web site);
>>
>> It was claimed in [6] that this clause makes the APSL-1.2
>> non-DFSG-compliant as it's not possible for Debian to keep every
>> single modification around for at least 12 months.
>>
>> This claim may have been valid in 2001, but I think it does not hold
>> up for 2020 since source code to packaging in Debian is usually
>> maintained in Salsa or Github and therefore keeping all modifications
>> available for 12 months and longer, plus there is Debian Snapshots [7]
>> which keeps a older versions of a package around as well - including
>> source code.
>
> Things like this make me question whether the 2004 decision to consider
> the APSL 2.0 non-DFSG-compliant is still valid in 2022. In fact, after
> reading through the thread [1] the wiki references making the APSL 2.0
> incompatible with the DFSG, I'm not so sure it does that. IANAL, but
> from what I could understand it seemed that there was a good argument
> that the alleged non-DFSG clauses actually *did* comply with the DFSG,
> and that argument wasn't fully refuted. The wiki references one other
> thread, but that thread is specifically about the APSL 1.2, which the
> APSL 2.0 fixes the issues of according to the FSF. That thread was
> finished about two years before the APSL 2.0 came into existence.

As someone who participated in that original exchange in 2004, APSL 2.0
still looks impossible to follow.  If Debian suddenly goes off-line,
Debian is not in compliance with the license.  For all of the other
licenses, offering the source at the same time is sufficient.  For APSL
2.0, Debian has to keep the source archive up for at least 12 months
since it last published a modification.

Cheers,
Walter Landry



Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Ben Westover

Hello Paul,

On 8/4/22 02:32, Paul Wise wrote:

The wiki describes it as being non-free and cites two threads:

https://wiki.debian.org/DFSGLicenses#Apple_Public_Source_License_.28APSL.29
https://lists.debian.org/msgid-search/20010928105424z@physics.utah.edu
https://lists.debian.org/msgid-search/20040626225314.5da7f9da@firenze.linux.it

There are recent challenges to it being non-free in these threads:

https://lists.debian.org/msgid-search/d2119303-b470-9ebe-138e-1b57deb8c...@physik.fu-berlin.de
https://lists.debian.org/msgid-search/eff03d85-7990-af04-caac-57b076cc9...@physik.fu-berlin.de


Thanks for these links. My choices for precedent are a conversations 
from almost a decade ago or a modern challenge that talks about an 
earlier version of that license. The APSL 1.* is very different to the 
APSL 2.0, and many of the previous issues with 1.* are solved in 2.0 
according to the FSF. Some have argued it's less strict than even the 
GPL-2. I've seen a lot of those earlier conversations, but I just wanted 
a modern review of the license to see if version 2.0 specifically of the 
license is seen as DFSG-compliant in 2022, not based on 2000s precedent.



There are copies of the license in Debian main:

https://codesearch.debian.net/search?q=APPLE+PUBLIC+SOURCE+LICENSE=1


Interesting, the APSL 2.0 is seen in some relatively important packages 
like Chromium and QtWebEngine.


Thanks for the info!
--
Ben Westover


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Wed, 2022-08-03 at 23:00 -0400, Ben Westover wrote:

> I was wondering if the Apple Public Source License (version 2.0)
> complies with the DFSG. The Free Software Foundation considers it to be
> a free software license (https://www.gnu.org/philosophy/apsl.en.html),
> but I just wanted to make sure it's compatible with the DFSG. Below is
> the full text of the license.

I don't know about that, but I note some things:

The wiki describes it as being non-free and cites two threads:

https://wiki.debian.org/DFSGLicenses#Apple_Public_Source_License_.28APSL.29
https://lists.debian.org/msgid-search/20010928105424z@physics.utah.edu
https://lists.debian.org/msgid-search/20040626225314.5da7f9da@firenze.linux.it

There are recent challenges to it being non-free in these threads:

https://lists.debian.org/msgid-search/d2119303-b470-9ebe-138e-1b57deb8c...@physik.fu-berlin.de
https://lists.debian.org/msgid-search/eff03d85-7990-af04-caac-57b076cc9...@physik.fu-berlin.de

There are copies of the license in Debian main:

https://codesearch.debian.net/search?q=APPLE+PUBLIC+SOURCE+LICENSE=1

-- 
bye,
pabs

https://wiki.debian.org/PaulWise


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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Mihai Moldovan
* On 8/4/22 05:00, Ben Westover wrote:
> I was wondering if the Apple Public Source License (version 2.0)
> complies with the DFSG. The Free Software Foundation considers it to be
> a free software license (https://www.gnu.org/philosophy/apsl.en.html),
> but I just wanted to make sure it's compatible with the DFSG.

According to
https://wiki.debian.org/DFSGLicenses#Apple_Public_Source_License_.28APSL.29 ,
which also lists discussions/reasoning for version 1.0 (which is considered
non-free) and your desired version 2.0, it is considered free, but
DFSG-incompatible.


Mihai


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