Hi Kevin: I'm not a lawyer and even if I were I couldn't give you legal advice of course.
That said, I believe the intent of the BSD+patent license is well stated in the note that is included immediately above the actual rendition of terms on this page here: https://opensource.org/licenses/BSDplusPatent That note says: "Note: This license is designed to provide: a) a simple permissive license; b) that is compatible with the GNU General Public License (GPL), version 2; and c) which also has an express patent grant included." I'll re-iterate what I said before in making the original proposal: the intent is to make sure that the code in the project continues to have permissive terms for users and that users of the code need not have a concern about any potential for IP infringement as a result of using any Contributions that are made part of the project. -- Cheers, Mark. > -----Original Message----- > From: edk2-devel [mailto:edk2-devel-boun...@lists.01.org] On Behalf Of > Kevin D Davis > Sent: Tuesday, March 5, 2019 12:19 PM > To: Kinney, Michael D <michael.d.kin...@intel.com>; edk2-devel@lists.01.org > Subject: Re: [edk2] [RFC] Change EDK II to BSD+Patent License > > > > > Mr. Kinney, > Wow. Of all the many licenses I’ve read, this one takes the cake at having > the highest confusion to words ratio for my reading comprehension > level. I’ll admit my level is a lot lower than some on this reflector. > Maybe if I knew the intent of this license when reading it I would find it > clear. Is there an opinion about the intentions around these two > questions? > A) am I granting patent rights if I add patentable/patented code? > B) do I need to get a patent license from all of the copyright holders to > use this code for technology covered by their code? > > > Thanks,Kevin > > > > > > On Tue, Mar 5, 2019 at 1:10 PM -0600, "Kinney, Michael D" > <michael.d.kin...@intel.com> wrote: > > > > > > > > > > > Hello, > > This RFC follows up on the proposal from Mark Doran to change the > EDK II Project to a BSD+Patent License. > > https://lists.01.org/pipermail/edk2-devel/2019-February/036260.html > > The review period for this license change is 30 days. If there is no > unresolved feedback on April 9, 2019, then commits of the license change > patches will begin on April 9, 2019. > > ** Please provide feedback on the proposal by Monday April 8, 2019. ** > > Feedback can be sent to edk2-devel@lists.01.org, the EDK II community > manager or any of the EDK II stewards. > > * Stephano Cetola Community Manager > * Leif Lindholm Steward > * Andrew Fish Steward > * Laszlo Ersek Steward > * Michael Kinney Steward > > The goal is to convert all of the files in the edk2 repository that are > currently covered by the BSD 2-Clause License and the TianoCore > Contribution Agreement to a BSD+Patent License. > > I will be following up with pointers to public GitHub branches that > contain the set of changes to the edk2 repository for review. > > The proposal is to perform this change to edk2/master in the steps listed > below. The license change will not be applied to any of the other existing > branches in the edk2 repository. > > 1) Add a License-History.txt file to the root of the edk2 repository that > contains the BSD 2-Clause License and the TianoCore Contribution > Agreement along with the details on the license change to BSD+Patent. > > 2) Change all files currently covered by a BSD 2-Clause license and the > TianoCore Contribution Agreement to a BSD+Patent license and add an > SPDX-License-Identifier statement. The link to the BSD+Patent license > and the text for file headers is listed below. > > https://opensource.org/licenses/BSDplusPatent > > ====================================================================== > SPDX-License-Identifier: BSD-2-Clause-Patent > > Redistribution and use in source and binary forms, with or without > modification, are permitted provided that the following conditions are > met: > > 1. Redistributions of source code must retain the above copyright > notice, > this list of conditions and the following disclaimer. > > 2. Redistributions in binary form must reproduce the above copyright > notice, > this list of conditions and the following disclaimer in the > documentation > and/or other materials provided with the distribution. > > Subject to the terms and conditions of this license, each copyright > holder > and contributor hereby grants to those receiving rights under this > license > a perpetual, worldwide, non-exclusive, no-charge, royalty-free, > irrevocable > (except for failure to satisfy the conditions of this license) patent > license to make, have made, use, offer to sell, sell, import, and > otherwise > transfer this software, where such license applies only to those patent > claims, already acquired or hereafter acquired, licensable by such > copyright > holder or contributor that are necessarily infringed by: > > (a) their Contribution(s) (the licensed copyrights of copyright holders > and > non-copyrightable additions of contributors, in source or binary > form) > alone; or > > (b) combination of their Contribution(s) with the work of authorship to > which such Contribution(s) was added by such copyright holder or > contributor, if, at the time the Contribution is added, such > addition > causes such combination to be necessarily infringed. The patent > license > shall not apply to any other combinations which include the > Contribution. > > Except as expressly stated above, no rights or licenses from any > copyright > holder or contributor is granted under this license, whether expressly, > by > implication, estoppel or otherwise. > > DISCLAIMER > > THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS > IS" > AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, > THE > IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR > PURPOSE > ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS > BE > LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR > CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF > SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS > INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN > CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) > ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF > THE > POSSIBILITY OF SUCH DAMAGE. > ====================================================================== > > 3) Update Readme.md and License.txt in the root of the edk2 repository to > state that content is covered by a BSD+Patent license. Also state that > BSD+Patent is the preferred license for the EDK II project. > > 4) Remove the Contributions.txt file in the root of the edk2 repository > That contiants the TianoCore Contribution Agreement. > > 5) Update all documentation to state that content submitted under the > BSD+Patent license no longer requires the Tianocore Contribution > Agreement which means the following line is not required in commit > messages for changes to files that are covered by a BSD+Patent. > > Contributed-under: TianoCore Contribution Agreement 1.1 > > 6) Create Wiki page(s) that provide the details of the BSD+Patent License > change and provide the status of the license change for each TianoCore > repository and package. > > Once the conversion of the edk2 repository is complete, work will begin > on the other repositories in the TianoCore project. > > Best regards, > > Mike > _______________________________________________ > edk2-devel mailing list > edk2-devel@lists.01.org > https://lists.01.org/mailman/listinfo/edk2-devel > > > > > > _______________________________________________ > edk2-devel mailing list > edk2-devel@lists.01.org > https://lists.01.org/mailman/listinfo/edk2-devel _______________________________________________ edk2-devel mailing list edk2-devel@lists.01.org https://lists.01.org/mailman/listinfo/edk2-devel
