Re: GNU [?] Affero General Public License v1.0

2013-11-06 Thread Bradley M. Kuhn
Jilayne Lovejoy wrote at 14:39 (EST) on Tuesday:
> If I understand correctly then, there really isn't a need for a short
> identifier for AGPLv2 because it doesn't exist as a individual license
> in the sense that it simply allows something under AGPLv1 to be
> licensed under AGPLv3
...
> (which, as far as I can tell, AGPLv1 already did…)

Yes, but, *only* for future licenses published by Affero, Inc.  Affero,
Inc. *had* to publish the AGPLv2 if AGPLv1 folks wanted a transition
path to the FSF-published AGPLv3.  This is the important subtlety that
makes AGPLv2 (a) important and (b) somewhat unprecedented in the history
of Free Software licensing.

In some ways, the AGPLv2 is a more important document than other rarely
used license (like, say, LGPLv2) because it transitions drafting
authorities from Affero, Inc. to FSF.

Nevertheless, this is also likely why no one has ever seen AGPLv2 in the
wild: it's only used for temporary license transition.

Theoretically, a clueless licensor *could* use AGPLv2 as a "real
license" and slap it on some copyrights, but the downstream would have
the right to relicense immediately under AGPLv3 (but, note this also
true of any -or-later license!), and most downstreams would do that.
The only problem you create by failing to list it is a possible
Heisenberg-Principle-like problem for SPDX users who *do* find AGPLv2 in
the wild: someone who wishes to write an SPDX file and merely wants to
observe AGPLv2 is forced to change the licensing outcome upon observing
it by doing the AGPLv3 relicensing as part of the SPDX file-writing.


It's really up to SPDX folks to decide if your goal is to be a
comprehensive license list or not.  If you want to be a comprehensive
list, then I'd recommend you should include it.  If you only want your
list to include licenses that you've seen in use, directly as a
explicitly stated license on some known copyrights, then don't include
it.

That said, I think there are more important exception-based licenses
that *are* seen in the wild not currently accommodated by SPDX.  That
should definitely be higher priority in an event.  (I've mentioned this
problem over the last few years on other threads.)

>  wanted to make sure we came to some consensus on this.

I'm not really an active SPDX participant, so I don't think you need to
include me as part of your consensus in any event.  I'm chiming in only
as one of the Affero GPL drafters to give my opinion.  (And, I didn't
draft AGPLv2 anyway, IIRC, Fontana did.)
-- 
   -- bkuhn
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RE: GNU [?] Affero General Public License v1.0

2013-11-05 Thread Tom Incorvia
I am good without an AGPLv2 on the SPDX list.  I have never seen it in the 
wild.  FYI, I did checked the wayback machine, and AGPLv2 has been on the 
Affero site since 2007. TomTom Incorvia; tom.incor...@microfocus.com; O: 
(512) 340-1336; M: (215) 500 8838 [**NEW**as of Oct 2013] 

-Original Message-
From: spdx-legal-boun...@lists.spdx.org 
[mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Jilayne Lovejoy
Sent: Tuesday, November 05, 2013 1:39 PM
To: Bradley M. Kuhn; SPDX-legal
Subject: Re: GNU [?] Affero General Public License v1.0

Hey Bradley,

just sorting through emails and wanted to make sure we came to some consensus 
on this.  If I understand correctly then, there really isn't a need for a short 
identifier for AGPLv2 because it doesn't exist as a individual license in the 
sense that it simply allows something under AGPLv1 to be licensed under AGPLv3 
(which, as far as I can tell, AGPLv1 already did...), so if someone did find 
AGPLv2, it would really be AGPLv1 or AGPLv3 in terms of what actual license 
text applies...

For whatever it's worth, I have never seen the text on this page - 
http://www.affero.org/agpl2.html - or any other reference to AGPLv2 in the wild 
as far as I can remember, but others might want to weigh in on that.

If the above is a (somewhat) correct characterization (albeit perhaps not 
elegantly stated due to fuzzy, post-holiday brain!) then it would seem that we 
are okay to do without a AGPLv2 on the SPDX License List.

If anyone disagrees, please speak up :)

Cheers,


Jilayne Lovejoy
SPDX Legal Team lead
lovejoyl...@gmail.com



On Oct 7, 2013, at 4:15 PM, Bradley M. Kuhn  wrote:

> Jilayne Lovejoy wrote at 00:55 (EDT) on Thursday:
> 
>> We actually don't have AGPL version 2 on the SPDX License List - I 
>> think this might be because it does not really seem to be a separate 
>> license in and of itself ??  thoughts?
> 
> The whole point of AGPLv2 was to auto-relicense AGPLv1 works 
> immediately to AGPLv3, so if you saw AGPLv2 applied in the wild, then 
> it'd be similar to the situation of the transitional GPL-incompatible 
> Python license back in the very early 2000's, for those that remember that.
> 
> It's theoretically possible you could see it in the wild, I suppose, 
> if a licensor was confused about how to use AGPLv2.  Perhaps that 
> information is worth capturing in an SPDX file, although I doubt it.
> 
> -- 
>   -- bkuhn
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Re: GNU [?] Affero General Public License v1.0

2013-11-05 Thread Jilayne Lovejoy
Hey Bradley,

just sorting through emails and wanted to make sure we came to some consensus 
on this.  If I understand correctly then, there really isn't a need for a short 
identifier for AGPLv2 because it doesn't exist as a individual license in the 
sense that it simply allows something under AGPLv1 to be licensed under AGPLv3 
(which, as far as I can tell, AGPLv1 already did…), so if someone did find 
AGPLv2, it would really be AGPLv1 or AGPLv3 in terms of what actual license 
text applies…

For whatever it's worth, I have never seen the text on this page - 
http://www.affero.org/agpl2.html - or any other reference to AGPLv2 in the wild 
as far as I can remember, but others might want to weigh in on that.

If the above is a (somewhat) correct characterization (albeit perhaps not 
elegantly stated due to fuzzy, post-holiday brain!) then it would seem that we 
are okay to do without a AGPLv2 on the SPDX License List.

If anyone disagrees, please speak up :)

Cheers,


Jilayne Lovejoy
SPDX Legal Team lead
lovejoyl...@gmail.com



On Oct 7, 2013, at 4:15 PM, Bradley M. Kuhn  wrote:

> Jilayne Lovejoy wrote at 00:55 (EDT) on Thursday:
> 
>> We actually don't have AGPL version 2 on the SPDX License List - I
>> think this might be because it does not really seem to be a separate
>> license in and of itself ??  thoughts?
> 
> The whole point of AGPLv2 was to auto-relicense AGPLv1 works immediately
> to AGPLv3, so if you saw AGPLv2 applied in the wild, then it'd be
> similar to the situation of the transitional GPL-incompatible Python
> license back in the very early 2000's, for those that remember that.
> 
> It's theoretically possible you could see it in the wild, I suppose,
> if a licensor was confused about how to use AGPLv2.  Perhaps that
> information is worth capturing in an SPDX file, although I doubt it.
> 
> -- 
>   -- bkuhn
> ___
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Re: GNU [?] Affero General Public License v1.0

2013-10-07 Thread Bradley M. Kuhn
Jilayne Lovejoy wrote at 00:55 (EDT) on Thursday:

> We actually don't have AGPL version 2 on the SPDX License List - I
> think this might be because it does not really seem to be a separate
> license in and of itself ??  thoughts?

The whole point of AGPLv2 was to auto-relicense AGPLv1 works immediately
to AGPLv3, so if you saw AGPLv2 applied in the wild, then it'd be
similar to the situation of the transitional GPL-incompatible Python
license back in the very early 2000's, for those that remember that.

It's theoretically possible you could see it in the wild, I suppose,
if a licensor was confused about how to use AGPLv2.  Perhaps that
information is worth capturing in an SPDX file, although I doubt it.

-- 
   -- bkuhn
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Re: GNU [?] Affero General Public License v1.0

2013-10-02 Thread Jilayne Lovejoy
that is an easy fix, as it only impacts the full name and not the short 
identifiers (which is AGPL-#.0)  - thanks Camille for noticing and David and 
Bradley for the recollections.

I will log this for the next version of the SPDX License List.

We actually don't have AGPL version 2 on the SPDX License List - I think this 
might be because it does not really seem to be a separate license in and of 
itself ??  thoughts?



Jilayne Lovejoy
SPDX Legal Team lead
lovejoyl...@gmail.com



On Oct 1, 2013, at 10:29 AM, Bradley M. Kuhn  wrote:

> Wheeler, David A wrote:
>>   I believe you mean that version 1.0 doesn’t begin with “GNU”.  That
>> sounds correct;
> 
> I agree, but the details, to my recollection, are different than explained by
> David below:
> 
>> I believe Affero had an idea, drafted it (with some help from GNU), and
>>   then put it out… but as their own license.  Later it got folded in as a
>>   GNU license.  Anyway, that’s the history as I (poorly?)  remember it.
> 
> Granted, the below is based on my own personal recollection of events,
> backed up by my personal email archives.
> 
> I've told the story of the creation of the AGPLv1 a few times:
>  
> http://www.socallinuxexpo.org/scale11x/presentations/affero-gplv3-why-it-exists-who-its
>  (slides at: http://ebb.org/bkuhn/talks/SCALE-2013/agplv3.html )
> 
> This story is told in the Wikipedia entry as well:
>  http://en.wikipedia.org/wiki/Affero_General_Public_License#History
> 
> (but, full disclosure: I've made edits to that Wikipedia entry myself.)
> 
> Anyway, to answer the main question at hand: AGPLv1 was a derivative of
> the GPLv2 published by Affero, Inc. (now defunct) with the permission of Free
> Software Foundation.  See:  http://www.gnu.org/press/2002-03-19-Affero.html
> 
> Thus, I suggest its full name is accurately: "Affero General Public License,
> version 1".
> 
> AGPLv2 was also published by the defunct Affero, Inc.:
> http://www.affero.org/agpl2.html to make it possible for AGPLv1 works to
> transition to the AGPLv3.  AGPLv2's full name is thus "Affero General Public
> License, version 2".
> 
> In other words, you should therefore not use the "GNU" moniker in the full
> names of AGPLv1 and AGPLv2, but *should* use it in the name of AGPLv3, found
> at http://www.gnu.org/licenses/agpl-3.0.html
> 
>   -- bkuhn
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Re: GNU [?] Affero General Public License v1.0

2013-10-01 Thread Bradley M. Kuhn
Wheeler, David A wrote:
>I believe you mean that version 1.0 doesn’t begin with “GNU”.  That
> sounds correct;

I agree, but the details, to my recollection, are different than explained by
David below:

> I believe Affero had an idea, drafted it (with some help from GNU), and
>then put it out… but as their own license.  Later it got folded in as a
>GNU license.  Anyway, that’s the history as I (poorly?)  remember it.

Granted, the below is based on my own personal recollection of events,
backed up by my personal email archives.

I've told the story of the creation of the AGPLv1 a few times:
  
http://www.socallinuxexpo.org/scale11x/presentations/affero-gplv3-why-it-exists-who-its
  (slides at: http://ebb.org/bkuhn/talks/SCALE-2013/agplv3.html )

This story is told in the Wikipedia entry as well:
  http://en.wikipedia.org/wiki/Affero_General_Public_License#History

(but, full disclosure: I've made edits to that Wikipedia entry myself.)

Anyway, to answer the main question at hand: AGPLv1 was a derivative of
the GPLv2 published by Affero, Inc. (now defunct) with the permission of Free
Software Foundation.  See:  http://www.gnu.org/press/2002-03-19-Affero.html

Thus, I suggest its full name is accurately: "Affero General Public License,
version 1".

AGPLv2 was also published by the defunct Affero, Inc.:
http://www.affero.org/agpl2.html to make it possible for AGPLv1 works to
transition to the AGPLv3.  AGPLv2's full name is thus "Affero General Public
License, version 2".

In other words, you should therefore not use the "GNU" moniker in the full
names of AGPLv1 and AGPLv2, but *should* use it in the name of AGPLv3, found
at http://www.gnu.org/licenses/agpl-3.0.html

   -- bkuhn
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RE: GNU [?] Affero General Public License v1.0

2013-09-30 Thread Lamons, Scott (Open Source Program Office)
David,

This will probably require a little more research by the legal team but your 
recollection is pretty consistent with my understanding.   Thanks for the 
feedback!

-Scott

Scott Lamons
SPDX Business Team

From: spdx-legal-boun...@lists.spdx.org 
[mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Wheeler, David A
Sent: Monday, September 30, 2013 10:25 AM
To: Camille Moulin; SPDX-legal
Subject: RE: GNU [?] Affero General Public License v1.0

The confusion may be that for at least version 3.0, it *is* the "GNU AFFERO 
GENERAL PUBLIC LICENSE" as documented here: 
http://www.gnu.org/licenses/agpl-3.0.html

I believe you mean that version 1.0 doesn't begin with "GNU".  That sounds 
correct; I believe Affero had an idea, drafted it (with some help from GNU), 
and then put it out... but as their own license.  Later it got folded in as a 
GNU license.  Anyway, that's the history as I (poorly?) remember it.

The text of of the GNU Affero General Public License seems to be consistent 
with my recollections:
"An older license, called the Affero General Public License and published by 
Affero, was designed to accomplish similar goals. This is a different license, 
not a version of the Affero GPL, but Affero has released a new version of the 
Affero GPL which permits relicensing under this license."

--- David A. Wheeler


From: 
spdx-legal-boun...@lists.spdx.org<mailto:spdx-legal-boun...@lists.spdx.org> 
[mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Camille Moulin
Sent: Monday, September 30, 2013 11:31 AM
To: SPDX-legal
Subject: GNU [?] Affero General Public License v1.0

Hi all,

The spdx license list in its latest version (1.19) mentions the "GNU Affero 
General Public License v1.0", but AFAIKT it's not a GNU license and the full 
name should just be "Affero General Public License v1.0".

Cheers,
Camille
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RE: GNU [?] Affero General Public License v1.0

2013-09-30 Thread Camille Moulin
Yes, that's what I meant, version 1 (and also version 2, which is a
transition license) is just Affero,  while version 3 is a GNU Affero

Le 30 sept. 2013 18:24, "Wheeler, David A"  a écrit :
>
> The confusion may be that for at least version 3.0, it *is* the “GNU
AFFERO GENERAL PUBLIC LICENSE” as documented here:
http://www.gnu.org/licenses/agpl-3.0.html
>
>
>
> I believe you mean that version 1.0 doesn’t begin with “GNU”.  That
sounds correct; I believe Affero had an idea, drafted it (with some help
from GNU), and then put it out… but as their own license.  Later it got
folded in as a GNU license.  Anyway, that’s the history as I (poorly?)
remember it.
>
>
>
> The text of of the GNU Affero General Public License seems to be
consistent with my recollections:
>
> “An older license, called the Affero General Public License and published
by Affero, was designed to accomplish similar goals. This is a different
license, not a version of the Affero GPL, but Affero has released a new
version of the Affero GPL which permits relicensing under this license.”
>
>
>
> --- David A. Wheeler
>
>
>
>
>
> From: spdx-legal-boun...@lists.spdx.org [mailto:
spdx-legal-boun...@lists.spdx.org] On Behalf Of Camille Moulin
> Sent: Monday, September 30, 2013 11:31 AM
> To: SPDX-legal
> Subject: GNU [?] Affero General Public License v1.0
>
>
>
> Hi all,
>
> The spdx license list in its latest version (1.19) mentions the "GNU
Affero General Public License v1.0", but AFAIKT it's not a GNU license and
the full name should just be "Affero General Public License v1.0".
>
>
>
> Cheers,
>
> Camille
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RE: GNU [?] Affero General Public License v1.0

2013-09-30 Thread Wheeler, David A
The confusion may be that for at least version 3.0, it *is* the "GNU AFFERO 
GENERAL PUBLIC LICENSE" as documented here: 
http://www.gnu.org/licenses/agpl-3.0.html

I believe you mean that version 1.0 doesn't begin with "GNU".  That sounds 
correct; I believe Affero had an idea, drafted it (with some help from GNU), 
and then put it out... but as their own license.  Later it got folded in as a 
GNU license.  Anyway, that's the history as I (poorly?) remember it.

The text of of the GNU Affero General Public License seems to be consistent 
with my recollections:
"An older license, called the Affero General Public License and published by 
Affero, was designed to accomplish similar goals. This is a different license, 
not a version of the Affero GPL, but Affero has released a new version of the 
Affero GPL which permits relicensing under this license."

--- David A. Wheeler


From: spdx-legal-boun...@lists.spdx.org 
[mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Camille Moulin
Sent: Monday, September 30, 2013 11:31 AM
To: SPDX-legal
Subject: GNU [?] Affero General Public License v1.0

Hi all,

The spdx license list in its latest version (1.19) mentions the "GNU Affero 
General Public License v1.0", but AFAIKT it's not a GNU license and the full 
name should just be "Affero General Public License v1.0".

Cheers,
Camille
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