Dear Jilayne,

My post was nothing personal; I can imagine how difficult it is to manage a
community made up of many individuals and interests. All of us should be
grateful for that and the decision to create these "-or-Later" identifiers
was undoubtedly a collective one at the time, but as multiple and
unconcerted reactions prove, it risks remaining a stone in SPDX's shoe for
a long time. Regarding the EUPL, we do not require the creation of an
"-or-later" identifier unless this was the rule for all licenses.

Kind regards,

Le mer. 1 mai 2024 à 18:56, J Lovejoy via lists.spdx.org <opensource=
jilayne....@lists.spdx.org> a écrit :

> I'm moving the SPDX general list to bcc, as this is really a topic for
> spdx-legal.
>
> In case anyone didn't see it and for context, my response to Christian
> that Patrice-Emmanuel references is on the spdx-legal thread and can be
> seen here: https://lists.spdx.org/g/Spdx-legal/message/3548
>
> Some additional responses below:
>
> On 5/1/24 2:49 AM, Patrice-Emmanuel SCHMITZ via lists.spdx.org wrote:
>
> Hello Christian,
> It is a frequent practice from license stewards to encourage the coverage
> of later versions of "their" license.
> At the very beginning of the EUPL, licensors are invited to specify
> "licensed under the EUPL", which, according to the copyleft clause 5,
> clearly refers to the latest version.
> This preserves the possibility for a licensor of specifying a precise
> version, like "1.2-only" (or  the legally similar "1.2").
> The wording of the EUPL probably leaves less uncertainty than saying, for
> example, that "licensing under the EUPL" leaves the licensee with the
> choice of the version (like it is, apparently, the case for the GNU/GPL).
>
> At some point, we did some research on licenses that have language
> relating to later versions or the like. It was a bit surprising to see how
> many variations there are as to the default position, e.g., if no other
> indication means one can apply any later version or if no other indication
> means this version only. In all cases, to indicate something other than the
> default requires additional notation of some form (more on that below).
>
> But the real question for SPDX is: are those "-or-later" or even "+",
> applied to ANY license, justifying specific SPDX identifiers?
>
> That is a question that has and has had a definitive answer since version
> 2.0 of the SPDX License List:
> "+" can be applied to any license.
> And as of 3.0 - the GNU licenses ids changed, but
> "-or-later" and "-only" cannot be used with any license as they are not
> part of the license expression syntax identified in
> https://spdx.github.io/spdx-spec/v3.0/annexes/SPDX-license-expressions/
>
> Like Jilayne wrote, this was most probably a mistake in accepting to do so
> for the GNU licenses only (for political reasons).
>
> I would not characterize the changes to the GNU license ids in version 3.0
> as mistake. That implies a decision make on lack of awareness or knowledge.
> We had a various proposals at the time, which were discussed at length over
> many months. I do think we made the best decision that we could for that
> time and given the options we had. Looking back and judging that decision
> with the benefit of 20/20 hindsight and current knowledge isn't entirely
> helpful. (and if I sound a bit defensive, it is because, on a personal
> note, it was one of the most stressful things to navigate as a community
> leader. Yet as far as I can tell, the complaints or criticism of this
> change tend to come to SPDX/me, instead of to the FSF or both orgs.)
>
> It would most probably be another mistake to do it for all other licenses,
> including the EUPL.
>
> If you mean to change existing license ids to mimic the  specific entries
> that the GNU licenses have instead of using the license syntax like "+" - I
> would not see this as an optimal path, unless there are extenuating
> circumstances to justify it, which I don't think there are.
>
> It would be more consistent for the SPDX Standard to stick to a strict and
> transparent rule: "*a unique SPDX identifier must correspond to a
> unique license text*".
>
> That is the case and always has been. The caveat is that some licenses use
> the same exact license text for variants about if you can apply a later
> version of that license. E.g., the license text of the GPL is the same, it
> is in the license notice that one indicates if you intend that version only
> or any later version. Similarly, EUPL also requires some other
> communication to indicate the intention for only a specific version to
> apply. Of course, this can be done by using an SPDX identifier in the
> source code.
>
> According to this rule, no "-or-later" SPDX identifier should exist,
> simply because no precise unique and definitive license text can correspond
> to it.
> This would not restrict the frequent practice to license under the
> "LicenseX-or later" (or "+"), but simply doesn't deserve any new SPDX
> identifier.
>
> I'm not sure I'm following you here, but I think you are saying that we
> should not have separate license "line items" on the SPDX License List for
> the GNU licenses (e.g., GPL-2.0-only and GPL-2.0-or-later) b/c they use the
> same license test. But should, instead use the "+" operator added to the
> base id?
>
> The current SPDX exception introduces confusion and even (IMHO)
> compromises SPDX as a standard.
>
> Again, I'm not sure what is confusing.
>
> It's never too late to right a mistake...
> Kind regards,
> P-E Schmitz (EUPL support in the Interoperable Europe Portal)
>
>
> Le jeu. 25 avr. 2024 à 17:09, Christian Meeßen via lists.spdx.org
> <christian.meessen=gfz-potsdam...@lists.spdx.org> a écrit :
>
>> Hello SPDX LegalTeam,
>>
>> I am an RSE working at the German Research Centre for Geosciences (GFZ)
>> in Potsdam, Germany. I am involved in working groups in Helmholtz that
>> deal with Research Software Engineering aspects, and am also the
>> maintainer of the Helmholtz Research Software Directory
>> (https://helmholtz.software). We generally encourage the usage of SPDX
>> identifiers for software.
>>
>> I noticed that there exists one identifier for EUPL-1.1 [1] and EUPL-1.2
>> [2] respectively, although the licenses specify that code can be
>> redistributed also under later versions of that license unless it is
>> explicitly stated otherwise. Here is an example from EUPL-1.2 (clause 5,
>> "Copyleft clause"):
>>
>>  > If the Licensee distributes or communicates copies of the Original
>> Works or Derivative Works, this Distribution or Communication will be
>> done under the terms of this Licence or of a later version of this
>> Licence unless the Original Work is expressly distributed only under
>> this version of the Licence — for example by communicating 'EUPL v. 1.2
>> only'.
>>
>> The GPL licenses are separated into "-only" and "-or-later" identifiers.
>> Is there a specific reason why this was not applied to the EUPL
>> identifiers? Would it be possible to replace the existing identifiers
>> with EUPL-1.x-only and EUPL-1.x-or-later identifiers?
>>
>> The EUPL-1.0 is not affected.
>>
>> Kind regards,
>>
>> Christian Meeßen
>>
>> [1] EUPL-1.1: https://spdx.org/licenses/EUPL-1.1.html
>> [2] EUPL-1.2: https://spdx.org/licenses/EUPL-1.2.html
>>
>> --
>> Dr. Christian Meeßen
>> eScience Center
>> Tel: +49 (0)331 6264-1983
>> Email: christian.mees...@gfz-potsdam.de
>> _____________________________________
>> Helmholtz-Zentrum Potsdam
>> Deutsches GeoForschungsZentrum GFZ
>> Stiftung des öff. Rechts Land Brandenburg
>> Telegrafenberg A70/320, 14473 Potsdam
>>
>>
>>
>>
>>
>>
>
> --
> Patrice-Emmanuel Schmitz
> pe.schm...@gmail.com
> tel. + 32 478 50 40 65
>
>
> 
>
>

-- 
Patrice-Emmanuel Schmitz
pe.schm...@gmail.com
tel. + 32 478 50 40 65


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