Re: [Libreoffice] LibreOffice licensing

2011-06-06 Thread BRM
- Original Message 

 From: Jesús Corrius je...@softcatala.org
 To: michael.me...@novell.com
 Hi Michael,
 
 On Sat, Jun 4, 2011 at 6:11 PM, Michael Meeks michael.me...@novell.com  
wrote:
 
  On Sat, 2011-06-04 at 08:48 -0400, Allen Pulsifer  wrote:
  1. TDF takes OOo under the Apache License and combines it  with LO
  contributions under the LGPL/MPL and licenses the combined  work
  (LibreOffice) under both the LGPL and MPL?
 
  So if we say MPLv2 and LGPLv3+ - that is fine; and the resulting 
code
   would be under those (compatible) licenses. Which are  copy-left.
 
  2. A third party takes OOo under the Apache  License and combines it with 
LO
  contributions under the MPL and  proprietary closed-source code of its own 
to
  create a proprietary  closed-source product?
 
 If they have changed the MPL code  modules - they need to release 
those
  changes; otherwise (since the MPL  is a weak-copy-left) they can not
  release other changes (like  extensions) they bundle - obviously.
 
  That would not however  stop third parties from combining the
  Apache OpenOffice code with  LibreOffice code and doing with that whatever
  both licenses  allowed.
 
 Sure - one example is IBM, they have a load of  MPL code, and even 
LGPL
  code in Lotus Symphony. Amusingly, IBM are far  more pragmatic in
  practise than ASF is - one of the tragic ironies of  the situation.
 
 
 I guess it would be useful to create a wiki page  with a FAQ about
 these license topics :)
 

Just remember, that even with LGPL/GPL the changes _do not have to be 
contributed back to the community_; only made available to the customers of 
that 
product upon request (per LGPL, GPL and MPL).
IOW, TDF may not necessarily get the contribution. It's just like any 
downstream 
project - they can modify it and don't necessarily have to contribute those 
modifications back to the upstream project.
Sure, it works best when they do as everyone benefits, but they are not 
_required_ to do so.

I only mention this, as it is often overlooked - and in comments like the above 
- by Meeks and others - they seem to forget that aspect about Copy-Left, 
LGPL/GPL/MPL.

So yes, someone could take LO code directly, make a downstream, proprietary 
product and sell it - and they only have to make the code to that proprietary 
version (whether it is identical to the LO version or modified) to those who 
have purchased their proprietary product. (MPL says for 12 months; FSF 
recommends per GPL/LGPL 3 years).

My point being that Allen is 100% correct, and copy-left does not prevent the 
situation you all seem to be so concerned about. Remember, Copy-Left is about 
the End-User, not the Developer.

$0.02

Ben

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Re: [Libreoffice] LibreOffice licensing

2011-06-06 Thread Kohei Yoshida
On Mon, 2011-06-06 at 07:39 -0700, BRM wrote:

 Just remember, that even with LGPL/GPL the changes _do not have to be 
 contributed back to the community_; only made available to the customers of 
 that 
 product upon request (per LGPL, GPL and MPL).

Not entirely correct.  The source has to be made available to the legal
recipients of the binary.  Whether or not they are customers is
irrelevant in this context.

 IOW, TDF may not necessarily get the contribution. It's just like any 
 downstream 
 project - they can modify it and don't necessarily have to contribute those 
 modifications back to the upstream project.

Sure.  But we can certainly ask for the source if we are interested, and
they are obligated to provide it if we have (legally) received the
binary, under the same license as the original source code.  This is a
very important point.

 Sure, it works best when they do as everyone benefits, but they are not 
 _required_ to do so.

I wouldn't put it that way.  It works better for the downstream
maintainers if they upstream their work, to make it easier to maintain
their own modifications.  If they think the benefit outweighs the cost
of upstreaming, then they have every right not to upstream their
changes.

 I only mention this, as it is often overlooked - and in comments like the 
 above 
 - by Meeks and others - they seem to forget that aspect about Copy-Left, 
 LGPL/GPL/MPL.

I don't think it is overlooked, but is already implied.

 (MPL says for 12 months; FSF 
 recommends per GPL/LGPL 3 years).

This I didn't know.  Good to know.

 My point being that Allen is 100% correct, and copy-left does not prevent the 
 situation you all seem to be so concerned about. Remember, Copy-Left is about 
 the End-User, not the Developer.

In the context where copy-left licenses such as GPL/LGPL are used, the
end users sometimes (or many times) equal developers.

Surely the majority of end users of consumer applications who are not
developers or servicers of those apps don't really care about the
availability of the source code, though they may care more about the
availability of the binaries.  They may want to have the source
available in case they need to hire consultancies to service the
software after the purchase (or download), but even in those cases the
direct beneficiaries of the copy-left licenses (often referred to as
users in some context) are developers who end up servicing the app for
the users of the binary.

Kohei

-- 
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kyosh...@novell.com

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Re: [Libreoffice] LibreOffice licensing

2011-06-06 Thread BRM
- Original Message 

 From: Kohei Yoshida kyosh...@novell.com
 To: BRM bm_witn...@yahoo.com
 Cc: libreoffice@lists.freedesktop.org
 Sent: Mon, June 6, 2011 11:44:37 AM
 Subject: Re: [Libreoffice] LibreOffice licensing
 
 On Mon, 2011-06-06 at 07:39 -0700, BRM wrote:
 
  Just remember, that  even with LGPL/GPL the changes _do not have to be 
  contributed back to  the community_; only made available to the customers 
  of 
that 

  product  upon request (per LGPL, GPL and MPL).
 
 Not entirely correct.  The  source has to be made available to the legal
 recipients of the binary.   Whether or not they are customers is
 irrelevant in this context.

When dealing with a proprietary product, they are one-in-the-same, however they 
present the EULA.
 
   IOW, TDF may not necessarily get the contribution. It's just like any 
downstream 

  project - they can modify it and don't necessarily have to contribute  
  those 

  modifications back to the upstream project.
 
 Sure.   But we can certainly ask for the source if we are interested, and
 they are  obligated to provide it if we have (legally) received the
 binary, under the  same license as the original source code.  This is a
 very important  point.

As you pointed out - only if you have a _legal_ right to ask.
That won't likely be the case though unless you are their customer.
Yes, they can't prevent you from distributing the GPL/LGPL/MPL portion of the 
work; but they could prevent you from distributing their additions to the 
degree 
that the MPL/GPL/LGPL derivative work restrictions apply, if at all.
 
  Sure, it works best when they do as everyone benefits, but  they are not 
  _required_ to do so.
 
 I wouldn't put it that  way.  It works better for the downstream
 maintainers if they upstream  their work, to make it easier to maintain
 their own modifications.  If  they think the benefit outweighs the cost
 of upstreaming, then they have  every right not to upstream their
 changes.
 
  I only mention this,  as it is often overlooked - and in comments like the 
above 

  - by Meeks  and others - they seem to forget that aspect about Copy-Left, 
   LGPL/GPL/MPL.
 
 I don't think it is overlooked, but is already  implied.

Overlooked b/c of the nature of the statement. Your next response goes to show 
it...

  (MPL says for 12 months; FSF 
  recommends per  GPL/LGPL 3 years).
 
 This I didn't know.  Good to know.

Most on FLOSS don't - or don't realize it. But if you stopped and read the 
license it would become obvious - especially in the MPL case, didn't take me 
long to find section 3.2, or section 6 of the GPLv3 (specifically 6.d, a-c 
refer 
to distributing the object code/binary while 6d covers the source requirement).

And, FYI, it doesn't have to be public - it could be behind an access protected 
service, or simply a write them and let them know you want a CD kind of thing - 
or even for free.
So yes, one could start a company, make a derivative of LO. Offer it for sale; 
even make modifications, etc. and the only recipients of the changes would be 
said customers of the proprietary version. Further, they only necessarily have 
to get the source if they request it in some form, which may or may not happen 
during the required time period. (There is no requirement in either license 
beyond the required time period.)

So, for example, a customer buys a copy from said company. After 4 years, they 
find a bug they want fixed, but the company only produced the one version. The 
customer is then out-of-luck with any ability to gain access to the source - 
the 
company is under no obligation to do so. Now suppose the company went out of 
business 2 years after the sale, they must then setup a means for 1 year by 
which customers can get the source (supposing Bankruptcy Court/etc allow the 
estate to meet the requirement). But if they went out of business 3 years and 1 
day after the sale then again, there is no further obligation.

  My  point being that Allen is 100% correct, and copy-left does not prevent 
the 

  situation you all seem to be so concerned about. Remember, Copy-Left is  
about 

  the End-User, not the Developer.
 
 In the context where  copy-left licenses such as GPL/LGPL are used, the
 end users sometimes (or  many times) equal developers.
 
 Surely the majority of end users of  consumer applications who are not
 developers or servicers of those apps don't  really care about the
 availability of the source code, though they may care  more about the
 availability of the binaries.  They may want to have the  source
 available in case they need to hire consultancies to service  the
 software after the purchase (or download), but even in those cases  the
 direct beneficiaries of the copy-left licenses (often referred to  as
 users in some context) are developers who end up servicing the app  for
 the users of the binary.
 

Only if the end-user obtains the source to provide to the developer.
The developer may not necessarily

Re: [Libreoffice] LibreOffice licensing

2011-06-06 Thread Kohei Yoshida
On Mon, 2011-06-06 at 12:32 -0700, BRM wrote:
 - Original Message 
 
  From: Kohei Yoshida kyosh...@novell.com
  To: BRM bm_witn...@yahoo.com
  Cc: libreoffice@lists.freedesktop.org
  Sent: Mon, June 6, 2011 11:44:37 AM
  Subject: Re: [Libreoffice] LibreOffice licensing
  
  On Mon, 2011-06-06 at 07:39 -0700, BRM wrote:
  
   Just remember, that  even with LGPL/GPL the changes _do not have to be 
   contributed back to  the community_; only made available to the customers 
   of 
 that 
 
   product  upon request (per LGPL, GPL and MPL).
  
  Not entirely correct.  The  source has to be made available to the legal
  recipients of the binary.   Whether or not they are customers is
  irrelevant in this context.
 
 When dealing with a proprietary product, they are one-in-the-same, however 
 they 
 present the EULA.

Not one-in-the-same (sic).  But I think we are talking past each other,
so I won't discuss any further.  Your statement already implies that
they are not exactly the same.

IOW, TDF may not necessarily get the contribution. It's just like any 
 downstream 
 
   project - they can modify it and don't necessarily have to contribute  
   those 
 
   modifications back to the upstream project.
  
  Sure.   But we can certainly ask for the source if we are interested, and
  they are  obligated to provide it if we have (legally) received the
  binary, under the  same license as the original source code.  This is a
  very important  point.
 
 As you pointed out - only if you have a _legal_ right to ask.
 That won't likely be the case though unless you are their customer.

Beta test, evaluation versions, demos etc..?  There are a number of ways
of obtaining the binary legally without being a customer.

 Yes, they can't prevent you from distributing the GPL/LGPL/MPL portion of the 
 work; but they could prevent you from distributing their additions to the 
 degree 
 that the MPL/GPL/LGPL derivative work restrictions apply, if at all.
  
   Sure, it works best when they do as everyone benefits, but  they are not 
   _required_ to do so.
  
  I wouldn't put it that  way.  It works better for the downstream
  maintainers if they upstream  their work, to make it easier to maintain
  their own modifications.  If  they think the benefit outweighs the cost
  of upstreaming, then they have  every right not to upstream their
  changes.
  
   I only mention this,  as it is often overlooked - and in comments like 
   the 
 above 
 
   - by Meeks  and others - they seem to forget that aspect about Copy-Left, 
LGPL/GPL/MPL.
  
  I don't think it is overlooked, but is already  implied.
 
 Overlooked b/c of the nature of the statement. Your next response goes to 
 show 
 it...

I don't understand the connection.

 Only if the end-user obtains the source to provide to the developer.

Of course.

 The developer may not necessarily be granted the right by the proprietary 
 distributor to get direct access to the source.

 So I still maintain that it is end-users and not _necessarily_ developers 
 that Copy-left is about.

Ok.  This is already becoming a meaningless word game.  My point
basically is that the distinction between the end users and developers
are not necessarily clear cut when talking about copy-left licenses.  No
more no less.  And I believe, based on what you said you also agree with
that.

 However, if I as a developer come along and tell them that I could add some 
 feature to it, they would need to ask for and obtain the source code for me 
 if 
 that was necessary.

Of course.  I never said that the developers didn't have to get the
source code to service the software.

Anyway, this is already off-topic here on this list.  I suggest we end
this thread here, and if anybody is interested on pursuing this, take it
to a more appropriate list.

Kohei

-- 
Kohei Yoshida, LibreOffice hacker, Calc
kyosh...@novell.com

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[Libreoffice] LibreOffice licensing

2011-06-04 Thread Allen Pulsifer
 If I understand correctly:
 What is developed by the Apache license can be used at LibreOffice but
what is done by LibreOffice
 can not be used by OpenOffice as OpenOffice would move to offer the
principles of under the GPL.

I'm not sure this is entirely correct.  TDF allowed itself some license
flexibility by asking that all contributions to LO be licensed under both
the LGPL and the MPL.

Originally, TDF took OOo code under the LGPL, combined it with dual licensed
LGPL/MPL contributions, and licensed the combined work under the LGPL, as
required by the LGPL.

That situation will likely change in the near future.  The original OOo code
will shortly be released under the Apache License (AL).  The Apache License
allows anyone to take the code and use it in a proprietary work.  Once the
OOo code is released under the AL, I expect to see many people recompiling
OOo and selling it, some with no modifications, some with their own
proprietary closed-source enhancements.

The Apache Foundation will also likely to be hosting an Apache OpenOffice
project where people can make contributions to that codebase, with the
contributions also licensed under the Apache License.  TDF will be able to
use those contributions in LO.  Everyone else will also be able to use those
contributions, in both open-source and proprietary projects.

Here's the tricky part.  With the release of the original OOo code under the
Apache License, it may now be possible, depending on license compatibility,
to take the original OOo under the AL, combine it with LO modifications
under the MPL, and incorporate that code into a closed-source project.  If
that is possible, we may also soon see the LO code incorporated into
proprietary products.

I'm not an expert on the compatibility of these two licenses however, either
with each other or with proprietary code.  Can anyone offer an opinion or
shed some light on this?  Which of the following could occur, once the
original OOo codebase is released under the Apache License?

1. TDF takes OOo under the Apache License and combines it with LO
contributions under the LGPL/MPL and licenses the combined work
(LibreOffice) under both the LGPL and MPL?

2. A third party takes OOo under the Apache License and combines it with LO
contributions under the MPL and proprietary closed-source code of its own to
create a proprietary closed-source product?

Regardless of the above two situations, the Apache Software Foundation will
not take LO modifications dual-licensed under the LGPL and MPL and include
them in the Apache OpenOffice distribution.  There may be no license barrier
to that, but ASF has a policy barrier that prevents it: the ASF has a policy
that all code distributed at the ASF must be licensed only under the Apache
License.  The ASF will not incorporate any code that requires a different
license.  That would not however stop third parties from combining the
Apache OpenOffice code with LibreOffice code and doing with that whatever
both licenses allowed.


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Re: [Libreoffice] LibreOffice licensing

2011-06-04 Thread Rafael Dominguez
Well im no legal expert, but from what i understand of the LGPL/MPL
licenses, they still are copyleft licenses, you can merge apache code and
libreoffice code, make your own version if you want, sell it etc, but if you
make any derivative work, you need to make those changes available to the
rest, so i dont think its possible to make a closed source office suite with
libreoffice code under LGPL/MPL.
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Re: [Libreoffice] LibreOffice licensing

2011-06-04 Thread Greg Stein
On Sat, Jun 4, 2011 at 10:59, Rafael Dominguez venccsra...@gmail.com wrote:

 Well im no legal expert, but from what i understand of the LGPL/MPL
 licenses, they still are copyleft licenses, you can merge apache code and
 libreoffice code, make your own version if you want, sell it etc, but if you
 make any derivative work, you need to make those changes available to the
 rest, so i dont think its possible to make a closed source office suite with
 libreoffice code under LGPL/MPL.

A third party could do the following:

1. Core [from Apache], licensed under ALv2.
2. Features [from LO], licensed under MPL (you offer a choice, they pick MPL)
3. Proprietary stuff

This package can then be sold. If they make modifications to the LO
work, then they must release those changes. The third party is not
obligated to release any changes to the Apache code, nor their
proprietary code.

Note that the LGPL operates similarly. A third party could take LO
Core licensed under the LGPL and make releases, alongside
proprietary code. They would need to release changes to the core, but
it would still be possible *today*. The relink requirements under the
LGPL get a bit annoying, but would still be possible.

Cheers,
-g
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Re: [Libreoffice] LibreOffice licensing

2011-06-04 Thread Michael Meeks

On Sat, 2011-06-04 at 08:48 -0400, Allen Pulsifer wrote:
 1. TDF takes OOo under the Apache License and combines it with LO
 contributions under the LGPL/MPL and licenses the combined work
 (LibreOffice) under both the LGPL and MPL?

So if we say MPLv2 and LGPLv3+ - that is fine; and the resulting code
would be under those (compatible) licenses. Which are copy-left.

 2. A third party takes OOo under the Apache License and combines it with LO
 contributions under the MPL and proprietary closed-source code of its own to
 create a proprietary closed-source product?

If they have changed the MPL code modules - they need to release those
changes; otherwise (since the MPL is a weak-copy-left) they can not
release other changes (like extensions) they bundle - obviously.

 That would not however stop third parties from combining the
 Apache OpenOffice code with LibreOffice code and doing with that whatever
 both licenses allowed.

Sure - one example is IBM, they have a load of MPL code, and even LGPL
code in Lotus Symphony. Amusingly, IBM are far more pragmatic in
practise than ASF is - one of the tragic ironies of the situation.

HTH,

Michael.

-- 
 michael.me...@novell.com  , Pseudo Engineer, itinerant idiot


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Re: [Libreoffice] LibreOffice licensing

2011-06-04 Thread Jesús Corrius
Hi Michael,

On Sat, Jun 4, 2011 at 6:11 PM, Michael Meeks michael.me...@novell.com wrote:

 On Sat, 2011-06-04 at 08:48 -0400, Allen Pulsifer wrote:
 1. TDF takes OOo under the Apache License and combines it with LO
 contributions under the LGPL/MPL and licenses the combined work
 (LibreOffice) under both the LGPL and MPL?

        So if we say MPLv2 and LGPLv3+ - that is fine; and the resulting code
 would be under those (compatible) licenses. Which are copy-left.

 2. A third party takes OOo under the Apache License and combines it with LO
 contributions under the MPL and proprietary closed-source code of its own to
 create a proprietary closed-source product?

        If they have changed the MPL code modules - they need to release those
 changes; otherwise (since the MPL is a weak-copy-left) they can not
 release other changes (like extensions) they bundle - obviously.

 That would not however stop third parties from combining the
 Apache OpenOffice code with LibreOffice code and doing with that whatever
 both licenses allowed.

        Sure - one example is IBM, they have a load of MPL code, and even LGPL
 code in Lotus Symphony. Amusingly, IBM are far more pragmatic in
 practise than ASF is - one of the tragic ironies of the situation.


I guess it would be useful to create a wiki page with a FAQ about
these license topics :)

-- 
Jesús Corrius je...@softcatala.org
Document Foundation founding member
Mobile: +34 661 11 38 26
Skype: jcorrius | Twitter: @jcorrius
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Re: [Libreoffice] LibreOffice licensing

2011-06-04 Thread Marc Paré

Le 2011-06-04 12:11, Michael Meeks a écrit :


On Sat, 2011-06-04 at 08:48 -0400, Allen Pulsifer wrote:

1. TDF takes OOo under the Apache License and combines it with LO
contributions under the LGPL/MPL and licenses the combined work
(LibreOffice) under both the LGPL and MPL?


So if we say MPLv2 and LGPLv3+ - that is fine; and the resulting code
would be under those (compatible) licenses. Which are copy-left.


2. A third party takes OOo under the Apache License and combines it with LO
contributions under the MPL and proprietary closed-source code of its own to
create a proprietary closed-source product?


If they have changed the MPL code modules - they need to release those
changes; otherwise (since the MPL is a weak-copy-left) they can not
release other changes (like extensions) they bundle - obviously.


That would not however stop third parties from combining the
Apache OpenOffice code with LibreOffice code and doing with that whatever
both licenses allowed.


Sure - one example is IBM, they have a load of MPL code, and even LGPL
code in Lotus Symphony. Amusingly, IBM are far more pragmatic in
practise than ASF is - one of the tragic ironies of the situation.

HTH,

Michael.



I am not sure how much this would complicate it, but on Groklaw[1]:

===

Oracle is signing a SGA (Software Grant Agreement) giving the 
OpenOffice.org code to Apache Server Foundation (ASF) under the Apache 
2.0 license. As you know, Oracle (via Sun) had ownership of the code via 
the CLA that they required from contributors. Oracle is also giving ASF 
the OpenOffice.org trademark, the logo with the birds, and the 
openoffice.org domain name.


Some of this has happened already, some of it is in progress.

Oracle appears to be retaining the copyright, not assigning it to 
Apache.


The bottom line, then, if this is so, is that Oracle owns the code it is 
donating, thanks to a contribution agreement whereby contributors handed 
over copyright to Sun, now Oracle. And by retaining the copyright, it 
continues to own the code. Let this be an object lesson, that any time a 
project asks for all the copyrights, it can do what it pleases with your 
contributions. If you don't care, contribute as much as you wish. But do 
it knowing that it's like putting your baby up for adoption. You are not 
the parent any more afterward, so you don't get a say in anything.


===

This seems to be muddying up the waters even more.

Cheers

Marc

[1] http://www.groklaw.net/article.php?story=2011060314010442

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