Thanks Karsten for sharing your idea.

It's a very interesting one, and compresses a lot of information into a
small representation, sort of like a bitfield. I wonder, though, if that's
really necessary given the verbosity we're otherwise already accepting with
XML/RDF/JSON/etc. representations of the licenses on the license list.
Could we represent the same information in a format both human- and
machine-readable?


First, let me say that *I emphatically believe SPDX should cover
non-English licenses*. The world of FOSS software contribution is
multilingual, and I think SPDX should be as well. This may require some
extra work when adding a new license (finding a native-speaking attorney,
English review of an auto-translation, or something in between), but I
think it will prove worthwhile in the end as we expand coverage to all
widely-used FOSS contribution languages. In addition, we have the license
list source-controlled so that we can make changes and fix issues over
time, so I wouldn't be too worried about our ability to make corrections if
we felt an addition was ultimately a mistake.

Second, *my current opinion is that each license/language text should be
tracked, treated, and marked up individually* by SPDX, i.e. one license for
GPL-en, another for GPL-de, another for GPL-fr, etc. (presumably 24 for the
EUPL?). To my mind, these are *collections of related license texts*, not
multiple ways to get to the "same" license, since even if the "same"
license is in fact what the author intended (e.g. in the case of an
"official" translation), it would still be up to a court to decide whether
the legal terms as represented in one language are identical to a similar,
purportedly "identical" representation in another language (even in the
same jurisdiction). So I would say, let's track them all, and get at the
problem of relating one to another with more metadata.

Third, assuming all license translations are individually tracked, I think
the best way to go about relating them to each other is to use something as
close to native XML as possible. We already have the unique identifiers,
XML tags, and attributes for each license, so *why not add an XML tag that
can reference another license by unique identifier*? For EU Public License
in German, that might look something like this:

...
<relatedLicenses>
   <relatedLicense relationshipType="official-translation"
targetLicenseIdentifier="EUPL-1.1">EUPL-1.1</relatedLicense>
</relatedLicenses>
...

Other relationshipTypes might be "unofficial-translation,"
"official-translation-ported," "official-translation-unported," and
"derived-from" (there may be others, or maybe we don't need all of those).
That just represents the facts as we've perceived them, without getting
into too much judgment as to how close the relationship might be. This
would allow us to say, essentially, "this is what we think the
relationships are; have your open-source counsel review what that means for
you."


Another way of throwing data at the problem might be to individually track
all of the licenses, without built-in cross-references to other license
IDs, but at the same time also publish a separate document specifying which
of those licenses are related to each other and what kind of bundles those
are. This is the same data as proposed in the previous paragraph, but laid
out explicitly (again with reference to the unique license ID) rather than
emergent from the XML. I think I prefer the emergent solution, but that's
just me, and what I think today. I'm no XML expert, just a young attorney
with a bit of programming experience doing my best to help.


What do others think of this? Should we have Kate add handling
multi-language licenses to the tech team's spec discussion?

Best,
Brad

PS - Preemptive apologies to Jilayne -- I'm guessing your preferred
solution would *not* be "just make the license list longer!" -- but I do
actually think that's the best way to handle these clusters of related
licenses (plus a little more metadata about relationships).     :-)

--
Brad Edmondson, *Esq.*
512-673-8782 | [email protected]

On Wed, May 3, 2017 at 10:33 AM, <[email protected]> wrote:

> Dear Alan
>
> > Karsten,
> > Thanks for the thoughtful suggestion. I like it and think it could
> > work.
>
> I am happy for having been able to help. I need a running SPDX system for
> my further work. So, it is not totally unselfish ;-)
>
> > One issue I see is the issue we run into about trying to avoid
> > making a legal judgment when classifying the licenses.  That would
> > imply we wouldn't use dimension 4 about "preserving legal power."
>
> It is important that you define the list of necessary dimensions: you are
> the SPDX experts. I personally agree with your attitude: Inserting such a
> value could make SPDX a bit pejorative (and will surely evoke unnecessary
> discussions). Howsoever, I inserted that dimension only because it has been
> mentioned/requested on the LLW.
>
> > Also for dimension 3 regarding "official" licenses, perhaps we need
> > some more gradation for something where it's not "official" but it's at
> > least acknowledged or referenced.  For example, the GPL translations
> > aren't official: https://www.gnu.org/licenses/translations.en.html  I
> > think if we're factually relying on statements made by the license
> > steward, it's less a concern about making a legal judgment.
>
> Such a differentiation would be helpful. Together with the simplification
> not to use the dimension 'legal power' you can use a better and simpler
> representation:
>
> licenses
> - original
>   - English 00
>   - foreign 01
> - translation
>   - approved 10
>   - audited 20
>   - ...
>   - unclear f0
>
> Feel free to expand and redesign this little domain
>
> With best regards
> Karsten
>
> ---
> Deutsche Telekom Technik GmbH  / Infrastructure Cloud
> Karsten Reincke, Senior Expert Key Projects - Telekom Open Source Committee
> [display complete signatur: http://opensource.telekom.net/
> kreincke/kr-dtag-sign-en.txt ]
>
> _______________________________________________
> Spdx mailing list
> [email protected]
> https://lists.spdx.org/mailman/listinfo/spdx
>
_______________________________________________
Spdx mailing list
[email protected]
https://lists.spdx.org/mailman/listinfo/spdx

Reply via email to