Re: SPDX Identifier in licenses/source headers

2015-06-10 Thread Wolfgang Denk
Dear Mark,

In message 01813e194c768044a6486db30b5338ccc312e...@ala-mbb.corp.ad.wrs.com 
you wrote:

 As a general rule of thumb, one should *not* modify the licensing
 terms of another copyright holder. Adding an SPDX Identifier to an
 existing file is one thing. Removing (or modifying) license notices
 by a non-copyright holder is another and a bad idea.

This is the exact question I'm trying to get an official position for.
From the technical point of view the substitution of the (onmodified,
standard) GPL license text by a reference pointing to the same text
seems harmless.  [We could consider this some form of include
statement.]  But IANANL, so it would be intersting for me what for
example the FSF or the SFLC think about such replacement of the GPL
text.

 Especially if you end up with less information (e.g., loss of
 warrantee disclaimers, copyright notices, important license text,
 ...).

Note that I explicitly talk only about the unmodified body of some
standard license text.  Any other text like what you list here is
obvioulsy a different thing and must never be touched.

Best regards,

Wolfgang Denk

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Re: SPDX ID for GPL-2.0+ with addendum ?

2014-01-22 Thread Wolfgang Denk
Hello,

I wrote:

 I ran into a number of source files which include the standard
 GPL-2.0+ license header, but augmented with the following addendum:
 
 For the avoidance of doubt the preferred form of this code is one which
 is in an open non patent encumbered format. Where cryptographic key 
 signing
 forms part of the process of creating an executable the information
 including keys needed to generate an equivalently functional executable
 are deemed to be part of the source code.
 
 I think we will need a new License tag for this, right?
 
 Do you have any suggestion for this?


I found more augmented versions of GPL-2.0+ ; some libgcc files add
this clause:

In addition to the permissions in the GNU General Public License, the
Free Software Foundation gives you unlimited permission to link the
compiled version of this file into combinations with other programs,
and to distribute those combinations without any restriction coming
from the use of this file.  (The General Public License restrictions
do apply in other respects; for example, they cover modification of
the file, and distribution when not linked into a combined
executable.)

Others include this above addendum, and additionally this one:

As a special exception, if you link this library with files
compiled with GCC to produce an executable, this does not cause
the resulting executable to be covered by the GNU General Public License.
This exception does not however invalidate any other reasons why
the executable file might be covered by the GNU General Public License.


Is it correct to assume that we need special license tags for these
two cases, too?

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk  Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
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ry,  the  entire  universe  is composed of only two basic substances:
magic and bullshit.
H's Dictum:There is no magic ...
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Re: meta-tag page - part II

2013-10-07 Thread Wolfgang Denk
Dear Gary,

In message 002f01cec378$2f2a3470$8d7e9d50$@com you wrote:
 
 If there is no conflict in license terms, however, I do not see an issue
 in using this approach. I run across a large volume of MIT style and BSD
 style licenses mixed in with GPL code, for example.  Using AND'd
 licenses is a compact way of stating all of the terms from license A and
 all of the terms for license B apply.

But this example doesn't work either.  If you mix a license that
allows modify and keep the modified code closed with GPL, the only
legally possible result is GPLed code.

I see little value in constructing such more or less artificial
examples.  All code that I've seen so far in real life was either
simple, i. e. covered by a single license, or it came under two (I'd
have to think hard if I had to quote an example with more than two)
licenses, which would implement a choice - either you use the code
under GPL, or under a BSD license; either you use the commercial
license, or GPL.  It has always been this or that.

Things become more difficult when importing such code into another
project - then you usually have to decide which of the available
choices you chose, and go with that.  At this point, the other option
becomes void.

 I don't think it is critical to use the same syntax in the tagging as we
 do in the SPDX documents.  I do, however, think it is important that we
 don't lose any embedded licensing information.  For example, if there is
 an MIT notice stuck in the middle of a GPL licensed file, we should
 retain that information and not just call it a GPL licensed file.

True.  The clause The above copyright notice and this permission
notice shall be included in all copies or substantial portions of the
Software. explicitly requires that.


Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk  Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
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Re: meta-tag page

2013-10-06 Thread Wolfgang Denk
Dear Scott,

On Oct 3, 2013, at 12:33 PM, Lamons, Scott (Open Source Program
Office) scott.lam...@hp.commailto:scott.lam...@hp.com wrote:
 
 Thanks for updating this page. In particular for adding the rationale
 for why tagging is important in the Introduction section. For me, the
 main impetus of adding the license tag is to automate the production
 of accurate SPDX data. To the extent that licensing headers are
 already included in the file I'm not a fan of replacing that with the
 tag - rather, I think our (the SPDX workgroup that is) recommendation
 or best practice should be that the tag should supplement the other
 licensing information. But, in the end, it is the ultimate choice of
 the copyright holder of the software because they will be the party
 implementing this should they choose to adopt.

First of all I would like to point out that I am not an expert in this
field, and even more so, I am not a lawyer...

The base of my comment is the practical experience I gathered when
introducing license tags to the U-Boot project; as far as I understand
this is one of the first (the first?) where this has been doene in a
real software project of some size.

I disagree with keeping the full license header text when adding
license tags; this means duplicating information, which means the risk
of divergence.  For us in the U-Boot project it has been one of the
major goals when introducing license tags to clean up with redundant
and all too often inconsistent information, and I think the same
should be attempted by other projects, too.

Switching from license headers to license tags requires some careful
work, but this effrot should be invested only once, and then everybody
should be able to rely on the recorded (and easily parsable)
information of the license tags.  If you keep the full license tags
duplicated in the source files, you in each review have to make sure
that this is still what it (probably) was then the license tag was
added.  In the end, you add to the efforts instead of reducing it.


I also disagree on the part that such a modification is ultimate
choice of the copyright holder.  Actually it is only a formal change,
not different from other modifications of the code.  We are in no way
changing the actual license terms that apply to that code.  As far as
I understand, such per-file license headers or license tags are not
even legally needed at all (see statement of Daniel B. Ravicher, Legal
Director of SLFC as referenced here [1]) if the project as a whole is
licensed under clear terms.

In the interest of reducing the efforts for any kind of license
clearing audits I strongly vote to drop the then redundant license
header text when switching to license tags.

Thanks.

[1] 
git.denx.de/?p=u-boot.git;a=commit;h=eca3aeb352c964bdb28b8e191d6326370245e03f


Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk  Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
Computers are not intelligent.  They only think they are.
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Re: meta-tag page

2013-10-06 Thread Wolfgang Denk
Dear D M German,

In message 524e2cda.c22de00a.39d5.8...@mx.google.com you wrote:
 
  David From a programmer's perspective I think the cryptic approach is FAR
  David superior.  There are lots of tools that can quickly examine files and
  David return text with the pattern SPDX-License-Identifier: , and other
  David tools that can trivially process the stuff after it.  The above
  David alternative is more work to process, and humans don't like unnecessary
  David work :-).
 
  David If you want more boilerplate with the goal of enforceability, you
  David might try a format that's trivial to process, e.g.:
 
  David SPDX-License-Notice:  This file is licensed under the following 
 license(s):
  David SPDX-License-Identifier:  MIT
  David SPDX-License-More-Information:  http://wiki.spdx.org/
 
 I like this idea.

I dislike this.  It just blows up the actual information we need by
adding unneeded, redundant stuff.

The meaning of a SPDX-License-Identifier tag can (and probably
should) be explained in a separate text file (in the U-Boot project we
use Licenses/README).

There is no need to duplicate this information across all files of a
project; I cannot see any benefit in doing so.

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk  Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
To understand a program you must become  both  the  machine  and  the
program.
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Re: meta-tag page - part II

2013-10-06 Thread Wolfgang Denk
Dear Mark,

In message 01813e194c768044a6486db30b5338ccb711e...@ala-mba.corp.ad.wrs.com 
you wrote:
 
 Example 1:
 --
 File: ./cairo-1.10.2.tar.gz.txt/cairo-array.c (see attachment 1)
 NOTICE (simplified): The file is licensed to you under either the LGPL-2.1 
 or MPL-1.1 at your option. 
 LICENSE EXPRESSION = (LGPL-2.1 OR MPL-1.1)
 
 Example 2:
 --
 FILE: busybox-1.20.2/shell/math.c (see attachment 2)
 NOTICE (simplified):
   You can redistribute the file and/or modify it under the terms of 
 BSD-3-Clause and the MIT license and GPL-2.0 or (at your option) any later 
 version of the GPL
 LICENSE EXPRESSION = (BSD-3-Clause AND MIT AND GPL-2.0+)

Sorry but I think you get this wrong.  The and in the text here does
not translate into a logical AND operator.  Instead, it is an OR
just as in example 1.

We have a list of liceses here, where the user can freely chose any
one that fits, so it must be an OR.

An expression as BSD-3-Clause AND MIT AND GPL-2.0+ makes zero
sense; I can't even figure out how this should be interpreted from a
legal point of view.

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk  Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
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