Re: [prometheus-developers] Windows Exporter License

2023-06-29 Thread Goutham Veeramachaneni
That’s great news! Thanks a lot for keeping on top of it Julien!

Goutham

> On 29-Jun-2023, at 10:01 AM, Julien Pivotto  
> wrote:
> 
> The move has been approved by the CNCF governing board, I will move on
> with making Windows Exporter an official exporter.
> 
> On 06 Mar 12:05, Julien Pivotto wrote:
>> I wanted to give you an update on my previous email regarding the
>> licensing requirements for the Windows Exporter project. I have opened a
>> license exception request with the CNCF, which can be found at the
>> following link:
>> 
>> https://github.com/cncf/foundation/issues/514
>> 
>> I will keep you all updated on any developments with this request.
>> 
>> On 22 Dec 09:33, Stuart Clark wrote:
>>> On 2022-12-22 09:09, Ben Kochie wrote:
 It was my understanding that license changes, can be done by the
 copyright holder, without consent of all contributors. Because they do
 not hold any copyright to the code. IIRC this is how Grafana was able
 to relicense from Apache to AGPL. They did not need to get consent
 from all contributors.
 
 Of course, old versions are subject to the old license, but moving
 from prometheus-community to prometheus would effectively be a fork.
 
 In this case we could do it with permission from the original author
 as stated in the LICENSE file.
 
>>> 
>>> You are correct in saying that it is the copyright owner(s) who have to
>>> agree to any license changes.
>>> 
>>> However by default if you contribute something to a project you are now one
>>> of the copyright owners (only to your contributed code, not the whole
>>> thing). The original owner is nothing special (other than possibly being the
>>> largest owner, because there might be more of their code than anyone else).
>>> 
>>> The only way around this (which I assume Grafana did, and other projects
>>> require) is when contributing you sign a copyright transfer agreement - that
>>> way legally the person/organisation the contributors transferred ownership
>>> to is the only owner, and they have the right to do anything they wanted
>>> (including using the code commercially or making everything closed source).
>>> 
>>> So if this happened, and there is a record of signed copyright transfers the
>>> license could be changed just by the agreement of the one owner. Presumably
>>> however that isn't the case, and therefore it isn't possible.
>>> 
>>> Another option which has been used in other projects (such as the Linux
>>> kernel for code that was found to not be correctly licensed [contributed by
>>> someone who didn't have the rights to do so]) is to remove that code &
>>> rewrite it (although you have to be careful that is is done 'cleanly' to
>>> stop claims that you just copied that bad code). At that point the
>>> contributor's code is no more, so no permission is then needed. If 95% of
>>> existing contributors agreed to relicense and/or assign copyright but there
>>> was 5% who didn't agree or couldn't be contacted that would potentially be
>>> an option - of course it could be very difficult/impossible if the remaining
>>> code was something really core.
>>> 
>>> -- 
>>> Stuart Clark
>>> 
>>> -- 
>>> You received this message because you are subscribed to the Google Groups 
>>> "Prometheus Developers" group.
>>> To unsubscribe from this group and stop receiving emails from it, send an 
>>> email to prometheus-developers+unsubscr...@googlegroups.com.
>>> To view this discussion on the web visit 
>>> https://groups.google.com/d/msgid/prometheus-developers/ecc14b37981ae722f6b7ca74203c67b9%40Jahingo.com.
>> 
>> -- 
>> Julien Pivotto
>> @roidelapluie
> 
> -- 
> Julien Pivotto
> @roidelapluie
> 
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Re: [prometheus-developers] Windows Exporter License

2023-06-29 Thread Julien Pivotto
The move has been approved by the CNCF governing board, I will move on
with making Windows Exporter an official exporter.

On 06 Mar 12:05, Julien Pivotto wrote:
> I wanted to give you an update on my previous email regarding the
> licensing requirements for the Windows Exporter project. I have opened a
> license exception request with the CNCF, which can be found at the
> following link:
> 
> https://github.com/cncf/foundation/issues/514
> 
> I will keep you all updated on any developments with this request.
> 
> On 22 Dec 09:33, Stuart Clark wrote:
> > On 2022-12-22 09:09, Ben Kochie wrote:
> > > It was my understanding that license changes, can be done by the
> > > copyright holder, without consent of all contributors. Because they do
> > > not hold any copyright to the code. IIRC this is how Grafana was able
> > > to relicense from Apache to AGPL. They did not need to get consent
> > > from all contributors.
> > > 
> > > Of course, old versions are subject to the old license, but moving
> > > from prometheus-community to prometheus would effectively be a fork.
> > > 
> > > In this case we could do it with permission from the original author
> > > as stated in the LICENSE file.
> > > 
> > 
> > You are correct in saying that it is the copyright owner(s) who have to
> > agree to any license changes.
> > 
> > However by default if you contribute something to a project you are now one
> > of the copyright owners (only to your contributed code, not the whole
> > thing). The original owner is nothing special (other than possibly being the
> > largest owner, because there might be more of their code than anyone else).
> > 
> > The only way around this (which I assume Grafana did, and other projects
> > require) is when contributing you sign a copyright transfer agreement - that
> > way legally the person/organisation the contributors transferred ownership
> > to is the only owner, and they have the right to do anything they wanted
> > (including using the code commercially or making everything closed source).
> > 
> > So if this happened, and there is a record of signed copyright transfers the
> > license could be changed just by the agreement of the one owner. Presumably
> > however that isn't the case, and therefore it isn't possible.
> > 
> > Another option which has been used in other projects (such as the Linux
> > kernel for code that was found to not be correctly licensed [contributed by
> > someone who didn't have the rights to do so]) is to remove that code &
> > rewrite it (although you have to be careful that is is done 'cleanly' to
> > stop claims that you just copied that bad code). At that point the
> > contributor's code is no more, so no permission is then needed. If 95% of
> > existing contributors agreed to relicense and/or assign copyright but there
> > was 5% who didn't agree or couldn't be contacted that would potentially be
> > an option - of course it could be very difficult/impossible if the remaining
> > code was something really core.
> > 
> > -- 
> > Stuart Clark
> > 
> > -- 
> > You received this message because you are subscribed to the Google Groups 
> > "Prometheus Developers" group.
> > To unsubscribe from this group and stop receiving emails from it, send an 
> > email to prometheus-developers+unsubscr...@googlegroups.com.
> > To view this discussion on the web visit 
> > https://groups.google.com/d/msgid/prometheus-developers/ecc14b37981ae722f6b7ca74203c67b9%40Jahingo.com.
> 
> -- 
> Julien Pivotto
> @roidelapluie

-- 
Julien Pivotto
@roidelapluie

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Re: [prometheus-developers] Windows Exporter License

2023-03-06 Thread Julien Pivotto
I wanted to give you an update on my previous email regarding the
licensing requirements for the Windows Exporter project. I have opened a
license exception request with the CNCF, which can be found at the
following link:

https://github.com/cncf/foundation/issues/514

I will keep you all updated on any developments with this request.

On 22 Dec 09:33, Stuart Clark wrote:
> On 2022-12-22 09:09, Ben Kochie wrote:
> > It was my understanding that license changes, can be done by the
> > copyright holder, without consent of all contributors. Because they do
> > not hold any copyright to the code. IIRC this is how Grafana was able
> > to relicense from Apache to AGPL. They did not need to get consent
> > from all contributors.
> > 
> > Of course, old versions are subject to the old license, but moving
> > from prometheus-community to prometheus would effectively be a fork.
> > 
> > In this case we could do it with permission from the original author
> > as stated in the LICENSE file.
> > 
> 
> You are correct in saying that it is the copyright owner(s) who have to
> agree to any license changes.
> 
> However by default if you contribute something to a project you are now one
> of the copyright owners (only to your contributed code, not the whole
> thing). The original owner is nothing special (other than possibly being the
> largest owner, because there might be more of their code than anyone else).
> 
> The only way around this (which I assume Grafana did, and other projects
> require) is when contributing you sign a copyright transfer agreement - that
> way legally the person/organisation the contributors transferred ownership
> to is the only owner, and they have the right to do anything they wanted
> (including using the code commercially or making everything closed source).
> 
> So if this happened, and there is a record of signed copyright transfers the
> license could be changed just by the agreement of the one owner. Presumably
> however that isn't the case, and therefore it isn't possible.
> 
> Another option which has been used in other projects (such as the Linux
> kernel for code that was found to not be correctly licensed [contributed by
> someone who didn't have the rights to do so]) is to remove that code &
> rewrite it (although you have to be careful that is is done 'cleanly' to
> stop claims that you just copied that bad code). At that point the
> contributor's code is no more, so no permission is then needed. If 95% of
> existing contributors agreed to relicense and/or assign copyright but there
> was 5% who didn't agree or couldn't be contacted that would potentially be
> an option - of course it could be very difficult/impossible if the remaining
> code was something really core.
> 
> -- 
> Stuart Clark
> 
> -- 
> You received this message because you are subscribed to the Google Groups 
> "Prometheus Developers" group.
> To unsubscribe from this group and stop receiving emails from it, send an 
> email to prometheus-developers+unsubscr...@googlegroups.com.
> To view this discussion on the web visit 
> https://groups.google.com/d/msgid/prometheus-developers/ecc14b37981ae722f6b7ca74203c67b9%40Jahingo.com.

-- 
Julien Pivotto
@roidelapluie

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Re: [prometheus-developers] Windows Exporter License

2022-12-22 Thread Stuart Clark

On 22/12/2022 09:39, Julien Pivotto wrote:

On 22 Dec 10:09, Ben Kochie wrote:

It was my understanding that license changes, can be done by the copyright
holder, without consent of all contributors. Because they do not hold any
copyright to the code. IIRC this is how Grafana was able to relicense from
Apache to AGPL. They did not need to get consent from all contributors.

Of course, old versions are subject to the old license, but moving from
prometheus-community to prometheus would effectively be a fork.

In this case we could do it with permission from the original author as
stated in the LICENSE file.

I did ask the question to CNCF via the service desk, if copyright owners
would be enough. They replied that we have to ask all contributors to
change the license.

Note that grafana was able to relicense because for many years they made
people sign a CLA.


Indeed. If you look at the CLA that everyone is required to sign (and 
Grafana have to keep proof that everyone has done so) at 
https://grafana.com/docs/grafana/latest/developers/cla/ it says:


"Grant of Copyright License. Subject to the terms and conditions of this 
Agreement, You hereby grant to Grafana Labs and to recipients of 
software distributed by Grafana Labs a perpetual, worldwide, 
non-exclusive, no-charge, royalty-free, irrevocable copyright license to 
reproduce, prepare derivative works of, publicly display, publicly 
perform, sublicense, and distribute Your Contributions and such 
derivative works."


Which allows Grafana (the company) to do anything it likes with your 
code - it can be licensed in any way (commercial or open source), given 
to others, etc. without needing any further permission.


--
Stuart Clark

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Re: [prometheus-developers] Windows Exporter License

2022-12-22 Thread Julien Pivotto
On 22 Dec 10:09, Ben Kochie wrote:
> It was my understanding that license changes, can be done by the copyright
> holder, without consent of all contributors. Because they do not hold any
> copyright to the code. IIRC this is how Grafana was able to relicense from
> Apache to AGPL. They did not need to get consent from all contributors.
> 
> Of course, old versions are subject to the old license, but moving from
> prometheus-community to prometheus would effectively be a fork.
> 
> In this case we could do it with permission from the original author as
> stated in the LICENSE file.

I did ask the question to CNCF via the service desk, if copyright owners
would be enough. They replied that we have to ask all contributors to
change the license.

Note that grafana was able to relicense because for many years they made
people sign a CLA.

> 
> On Thu, Dec 22, 2022 at 9:22 AM Julien Pivotto 
> wrote:
> 
> > Yes, I will reach out to GB
> >
> > On 21 Dec 15:05, Julius Volz wrote:
> > > Same!
> > >
> > > On Tue, Dec 20, 2022 at 4:15 PM Bjoern Rabenstein 
> > > wrote:
> > >
> > > > On 13.12.22 11:19, Julien Pivotto wrote:
> > > > >
> > > > > In this sense, I think we should ask for an exception to the GB with
> > the
> > > > > following arguments:
> > > >
> > > > Silence means consent, right?
> > > >
> > > > But just in case you are wondering if anyone has read your message, I
> > > > think it makes complete sense, and I fully agree with your points.
> > > >
> > > > --
> > > > Björn Rabenstein
> > > > [PGP-ID] 0x851C3DA17D748D03
> > > > [email] bjo...@rabenste.in
> > > >
> > > > --
> > > > You received this message because you are subscribed to the Google
> > Groups
> > > > "Prometheus Developers" group.
> > > > To unsubscribe from this group and stop receiving emails from it, send
> > an
> > > > email to prometheus-developers+unsubscr...@googlegroups.com.
> > > > To view this discussion on the web visit
> > > >
> > https://groups.google.com/d/msgid/prometheus-developers/Y6HRoXOgbX%2BxSOuo%40mail.rabenste.in
> > > > .
> > > >
> > >
> > > --
> > > You received this message because you are subscribed to the Google
> > Groups "Prometheus Developers" group.
> > > To unsubscribe from this group and stop receiving emails from it, send
> > an email to prometheus-developers+unsubscr...@googlegroups.com.
> > > To view this discussion on the web visit
> > https://groups.google.com/d/msgid/prometheus-developers/CA%2BT6YoxV3RCVBEXRKCAC9E4xfNsrCOKwBgiL9ouG31atbL4NUg%40mail.gmail.com
> > .
> >
> > --
> > Julien Pivotto
> > @roidelapluie
> >
> > --
> > You received this message because you are subscribed to the Google Groups
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> > To view this discussion on the web visit
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> > .
> >
> 
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Re: [prometheus-developers] Windows Exporter License

2022-12-22 Thread Stuart Clark

On 2022-12-22 09:09, Ben Kochie wrote:

It was my understanding that license changes, can be done by the
copyright holder, without consent of all contributors. Because they do
not hold any copyright to the code. IIRC this is how Grafana was able
to relicense from Apache to AGPL. They did not need to get consent
from all contributors.

Of course, old versions are subject to the old license, but moving
from prometheus-community to prometheus would effectively be a fork.

In this case we could do it with permission from the original author
as stated in the LICENSE file.



You are correct in saying that it is the copyright owner(s) who have to 
agree to any license changes.


However by default if you contribute something to a project you are now 
one of the copyright owners (only to your contributed code, not the 
whole thing). The original owner is nothing special (other than possibly 
being the largest owner, because there might be more of their code than 
anyone else).


The only way around this (which I assume Grafana did, and other projects 
require) is when contributing you sign a copyright transfer agreement - 
that way legally the person/organisation the contributors transferred 
ownership to is the only owner, and they have the right to do anything 
they wanted (including using the code commercially or making everything 
closed source).


So if this happened, and there is a record of signed copyright transfers 
the license could be changed just by the agreement of the one owner. 
Presumably however that isn't the case, and therefore it isn't possible.


Another option which has been used in other projects (such as the Linux 
kernel for code that was found to not be correctly licensed [contributed 
by someone who didn't have the rights to do so]) is to remove that code 
& rewrite it (although you have to be careful that is is done 'cleanly' 
to stop claims that you just copied that bad code). At that point the 
contributor's code is no more, so no permission is then needed. If 95% 
of existing contributors agreed to relicense and/or assign copyright but 
there was 5% who didn't agree or couldn't be contacted that would 
potentially be an option - of course it could be very 
difficult/impossible if the remaining code was something really core.


--
Stuart Clark

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Re: [prometheus-developers] Windows Exporter License

2022-12-22 Thread Ben Kochie
It was my understanding that license changes, can be done by the copyright
holder, without consent of all contributors. Because they do not hold any
copyright to the code. IIRC this is how Grafana was able to relicense from
Apache to AGPL. They did not need to get consent from all contributors.

Of course, old versions are subject to the old license, but moving from
prometheus-community to prometheus would effectively be a fork.

In this case we could do it with permission from the original author as
stated in the LICENSE file.

On Thu, Dec 22, 2022 at 9:22 AM Julien Pivotto 
wrote:

> Yes, I will reach out to GB
>
> On 21 Dec 15:05, Julius Volz wrote:
> > Same!
> >
> > On Tue, Dec 20, 2022 at 4:15 PM Bjoern Rabenstein 
> > wrote:
> >
> > > On 13.12.22 11:19, Julien Pivotto wrote:
> > > >
> > > > In this sense, I think we should ask for an exception to the GB with
> the
> > > > following arguments:
> > >
> > > Silence means consent, right?
> > >
> > > But just in case you are wondering if anyone has read your message, I
> > > think it makes complete sense, and I fully agree with your points.
> > >
> > > --
> > > Björn Rabenstein
> > > [PGP-ID] 0x851C3DA17D748D03
> > > [email] bjo...@rabenste.in
> > >
> > > --
> > > You received this message because you are subscribed to the Google
> Groups
> > > "Prometheus Developers" group.
> > > To unsubscribe from this group and stop receiving emails from it, send
> an
> > > email to prometheus-developers+unsubscr...@googlegroups.com.
> > > To view this discussion on the web visit
> > >
> https://groups.google.com/d/msgid/prometheus-developers/Y6HRoXOgbX%2BxSOuo%40mail.rabenste.in
> > > .
> > >
> >
> > --
> > You received this message because you are subscribed to the Google
> Groups "Prometheus Developers" group.
> > To unsubscribe from this group and stop receiving emails from it, send
> an email to prometheus-developers+unsubscr...@googlegroups.com.
> > To view this discussion on the web visit
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> .
>
> --
> Julien Pivotto
> @roidelapluie
>
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> .
>

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Re: [prometheus-developers] Windows Exporter License

2022-12-22 Thread Julien Pivotto
Yes, I will reach out to GB

On 21 Dec 15:05, Julius Volz wrote:
> Same!
> 
> On Tue, Dec 20, 2022 at 4:15 PM Bjoern Rabenstein 
> wrote:
> 
> > On 13.12.22 11:19, Julien Pivotto wrote:
> > >
> > > In this sense, I think we should ask for an exception to the GB with the
> > > following arguments:
> >
> > Silence means consent, right?
> >
> > But just in case you are wondering if anyone has read your message, I
> > think it makes complete sense, and I fully agree with your points.
> >
> > --
> > Björn Rabenstein
> > [PGP-ID] 0x851C3DA17D748D03
> > [email] bjo...@rabenste.in
> >
> > --
> > You received this message because you are subscribed to the Google Groups
> > "Prometheus Developers" group.
> > To unsubscribe from this group and stop receiving emails from it, send an
> > email to prometheus-developers+unsubscr...@googlegroups.com.
> > To view this discussion on the web visit
> > https://groups.google.com/d/msgid/prometheus-developers/Y6HRoXOgbX%2BxSOuo%40mail.rabenste.in
> > .
> >
> 
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Re: [prometheus-developers] Windows Exporter License

2022-12-21 Thread Julius Volz
Same!

On Tue, Dec 20, 2022 at 4:15 PM Bjoern Rabenstein 
wrote:

> On 13.12.22 11:19, Julien Pivotto wrote:
> >
> > In this sense, I think we should ask for an exception to the GB with the
> > following arguments:
>
> Silence means consent, right?
>
> But just in case you are wondering if anyone has read your message, I
> think it makes complete sense, and I fully agree with your points.
>
> --
> Björn Rabenstein
> [PGP-ID] 0x851C3DA17D748D03
> [email] bjo...@rabenste.in
>
> --
> You received this message because you are subscribed to the Google Groups
> "Prometheus Developers" group.
> To unsubscribe from this group and stop receiving emails from it, send an
> email to prometheus-developers+unsubscr...@googlegroups.com.
> To view this discussion on the web visit
> https://groups.google.com/d/msgid/prometheus-developers/Y6HRoXOgbX%2BxSOuo%40mail.rabenste.in
> .
>

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Re: [prometheus-developers] Windows Exporter License

2022-12-20 Thread Bjoern Rabenstein
On 13.12.22 11:19, Julien Pivotto wrote:
> 
> In this sense, I think we should ask for an exception to the GB with the
> following arguments:

Silence means consent, right?

But just in case you are wondering if anyone has read your message, I
think it makes complete sense, and I fully agree with your points.

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Björn Rabenstein
[PGP-ID] 0x851C3DA17D748D03
[email] bjo...@rabenste.in

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[prometheus-developers] Windows Exporter License

2022-12-13 Thread Julien Pivotto
Hello Prometheans,

Now that we have agreed to move the Windows Exporter to be an official
exporter, we can work on the details.

One of them is the license. The windows exporter is released under MIT,
but the CNCF mandates us to release under Apache-2 or get an exeption
from the Governing Board:

See https://github.com/cncf/foundation/blob/main/charter.md
"If the license for a project included in CNCF is not Apache License,
Version 2.0, approval of the Governing Board shall be required."

In this case, there are 98 identified contributors, and because Apache-2
is less permissive than MIT, making the switch would require us to
contact all of them and ask their permission (because Apache-2 would
grant anyone perpetual patent over their code).

In this sense, I think we should ask for an exception to the GB with the
following arguments:

- The Windows exporter would be a great addition to the Prometheus
  project
- MIT is a permissive - and Open Source license
- Being able to simply *contact* 100 people is unlikely to succeed, even
  then they would all need to agree
- The Windows exporter is not required to run Prometheus or its main
  components - it is just an optional addon and not part of the core
  monitoring/alerting product.

Note: I am not a lawyer, so this email is written with my best
understanding of the matter.

Regards,

-- 
Julien Pivotto
@roidelapluie

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