I think I understand Mark's reservations about package-level licenses and I 
agree with them.



On previous instances of this same discussion (there have been a few ☺), it 
seemed that there was a disconnect, which was mostly explained by what people 
were considering when thinking about “packages”. People coming from Java 
(Maven) environment had one idea, people with experience in Javascript (npm) a 
somewhat different one, etc.



Myself, I come from a good ol’ Unix/C environment. In my mind, a “package” is, 
for example, a .tar.gz release of a specific software.



So, what would be the package-level license of, say, zlib-1.2.10.tar.gz? We all 
know that zlib uses the Zlib license.

However, keep in mind that this “package” (archive), contains:

  *   The source of zlib, obviously, licensed under Zlib; but also
  *   other files like “README” or “Changelog” without any specific license; 
and even
  *   some source (in contrib/ada) under GPL-2.0+ (!)

Therefore, if you are using this package/archive to generate a library with Ada 
bindings, the resulting artifact would probably be licensed under GPL-2.0+. If 
you ignore this contrib directory and generate the zlib library for C, Zlib is 
probably the correct license.

For even more extreme fun, I can point to cases like ffmpeg, where, according 
to the options get passed to configure build script, different files (under 
different licenses) get compiled and linked.

In all these cases, it seems that the “package-level license”, should simply be 
the collection of all different licenses found in all the files of the package. 
I think that Mark was wondering whether this is particularly useful…

-- zvr –

From: spdx-legal-boun...@lists.spdx.org 
[mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Marc Jones
Sent: Tuesday, 12 September, 2017 19:48
To: W. Trevor King <wk...@tremily.us>; Wheeler, David A <dwhee...@ida.org>
Cc: SPDX-legal <spdx-legal@lists.spdx.org>
Subject: Re: GPLv2 - Github example

Mark,

You said 'A package is a “box of stuff” where some stuff may be related by 
linking while other stuff is not.' While I agree that is true, I am not sure I 
agree that dealing with it at a file level avoids many problems. For two 
reasons: 1) wheather lawyers and licensing nerds like it or not there is a huge 
amount of FOSS that has never had and will never have a licensing statement 
include in each file. And 2) The file doesn't play any special boundary in 
copyright law, at least not any more than one could argue any other method of 
organizing information on a computer does. You can have the same multi-license 
complications in a single file that are present in a multi-file package, Take 
for example a program composed of two files, one under the BSD license and one 
under a Apache license. What is the license of the combination? It is not 
clear, actually I don't think it is dictated in that case. Go ahead and cut and 
past the contents of one of those files into the other. Has your licensing 
gotten any more or less complicated? I think you are still left asking the 
question of what license the combined work is licensed under?

-Marc

On Tue, Sep 12, 2017 at 12:47 PM W. Trevor King 
<wk...@tremily.us<mailto:wk...@tremily.us>> wrote:
On Tue, Sep 12, 2017 at 02:52:26PM +0000, Wheeler, David A wrote:
> Mark Gisi:
> > the SPDX identifier model will need to accommodate a LicenseRef
> > like mechanism...
>
> I'm not arguing to *remove* licenserefs, I agree they can be useful.
>
> My point is different.  Since many users *only* use SPDX license
> expressions, it's important that SPDX license expressions have
> enough expressiveness (hah!) for common use cases WITHOUT using
> licencerefs.

Agreed.  I don't think anyone is arguing for removing LicenseRef.  A
new ‘only’ operator allows you to express ‘CDDL-1.0 only’ as a vanilla
license expression where you currently need to use a LicenseRef, but
there are obviously lots of other LicenseRef use cases that an ‘only’
operator will not replace.

> > This is a far bigger problem than the "only" operator. In fact, it
> > is the ill- conceived package license concept that is creating
> > significant frustration and confusion over the GPL only issue. The
> > problem is not at the file level. The license expression syntax is
> > well suited for that. It is not well suited for the package
> > level. Until that is addressed we will continue to struggle.
>
> It's not ill-conceived.  Package-level results are the WHOLE POINT.

I don't know if I'd go as far as that; being able to drill down to
find the license for a particular file or snippet is useful too.  But
I certainly don't see a reason why license expressions would not work
fine for projects given that they work fine for files; projects are
just collections of files.  Similarly, files are collections of
snippets.  SPDX license expressions can (and do?) allow to you state
the license terms of any work, regardless of whether that work is a
snippet, file, project, distro, ….  What the ‘only’ operator is about
is making vanilla license expressions (which do not reference custom
LicenseRefs and such) more expressive.  That will help folks who are
restricted to vanilla license expressions, regardless of what they
happen to be licensing.

Cheers,
Trevor

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