A concern has recently been raised[1] on the debian-legal mailing list about the Jabber Open Source License (JOSL) and whether Debian is in violation of it due to it's distribution mechanisms. I believe the section in question is:

2. Availability of Source Code. You must make available, under the terms
of this License, the Source Code of the Licensed Product and any
Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or via a
mechanism generally accepted in the software development community for the
electronic transfer of data (an "Electronic Distribution Mechanism"). The
Source Code for any version of Licensed Product or Modifications that you
distribute must remain available for at least twelve (12) months after the
date it initially became available, or at least six (6) months after a
subsequent version of said Licensed Product or Modifications has been made
available. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is
maintained by a third party.

The problem as I understand it is the bit about keeping the source for each distributed version available. With Debian's Testing and Unstable distributions it is not possible to guarantee this.


Looking at Jabber.Org's server listing[2], it indicates that the Jabberd source is licensed under the GPL. However review of the 1.4.3 (last stable release) files shows that the primary license is the JOSL with an option to relicense under the GPL only if the existing JOSL notice is removed and replaced with a GPL notice. This effectively means that almost every file within the upstream release must be modified. Is there a way that it could be licensed that provides the same flexibility without requiring modification of each file? Perhaps an active dual license?

Additionally, it appears that the 1.4.3 release tarball lacks a copy of either license (GPL or JOSL) or a central license declaration. Could a central license declaration and copies of the licenses be added to the upcoming 1.4.4 release? I believe such a notice would help clarify the intended licensing.

[1] - http://lists.debian.org/debian-legal/2005/03/msg00581.html
[2] - http://www.jabber.org/software/servers.shtml

--
Jamin W. Collins

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