Re: [License-discuss] EU Commission Publication of EUPL v1.2

[Patrice-Emmanuel Schmitz]

For those wanting UTF-8 coding, please find it attached
Greetings,

2017-05-22 13:28 GMT+02:00 Philippe Ombredanne :

> On Mon, May 22, 2017 at 10:29 AM, Patrice-Emmanuel Schmitz
>  wrote:
> > The new version of the European Union Public Licence is published !
> > (OJ 19/05/2017 L128 p. 59–64 )
> >
> > attached the .txt and some information.
> > Greetings,
>
> FWIW, your attached text files are using a less common, non-ASCII
> encoding e.g. ISO-8859-2 which is likely to trigger mojibake
> https://en.wikipedia.org/wiki/Mojibake
> It could be best to use UTF-8 instead?
>
>
> --
> Cordially
> Philippe Ombredanne
>



-- 
Patrice-Emmanuel Schmitz
pe.schm...@googlemail.com
tel. + 32 478 50 40 65
The new version of the European Union Public Licence (EUPL) is published in 
the 23 EU languages in the EU Official Journal: Commission Implementing 
Decision (EU) 2017/863 of 18 May 2017 updating the open source software licence 
EUPL to further facilitate the sharing and reuse of software developed by 
public administrations (OJ 19/05/2017 L128 p. 59–64 ).
What it changed in the new licence?
• EUPL v1.2 has a wider coverage: it cover “the Work” (any copyrighted work) 
and not exclusively “the software”. Therefore it is easier to apply the EUPL 
v1.2 to data, documents, standard specifications etc.
• EUPL v1.2 has a wider compatibility: the software itself (copies or 
modifications/improvements) will stay covered by the EUPL without possibilities 
of re-licensing by recipients, but it may also be merged in a new – other - 
larger work with other software components covered by compatible licences. When 
needed and for avoiding licence conflicts, this other derivative work can then 
be distributed under the compatible licence.  The list of compatible licences 
includes both the GPLv2 and v3, the AGPL, MPL, EPL, LGPL and other licences. 
Regarding documents, compatibility includes the Creative Common licence CC BY 
SA.
• EUPL v1.2 provides more flexibility concerning the additional agreements: any 
additional provision that is not in contradiction with the licence is valid, 
including the selection of a specific applicable law, of a specific arbitration 
court etc.
• EUPL v1.2 has adapted its terminology to the evolution of European law and 
has now a Croatian working version
Does it apply to projects already covered by EUPL v1.1?
• In case a work is currently licensed “under the EUPL” or “under the EUPL v1.1 
or later”, the new EUPL v1.2 applies. In case a work is licensed “under the 
EUPL v1.1” (sometimes adding “v1.1 only”) no automatic update is foreseen. The 
project owner is invited to check the opportunity of updating its notices.
Since the list of compatible licences includes the MPL, the EPL, the LGPL and 
more other licences, is the “copyleft” of the EUPL v1.2 weaker than before?
• The European law (in particular recitals 10 and 15 of Directive 2009/24/EC on 
the protection of computer programs) seems to invalidate the idea of “strong 
copyleft”: any portion of code that is strictly necessary for implementing 
interoperability can be reproduced without copyright infringement. This means 
that linking cannot be submitted to conditions or restricted by a so-called 
“strong copyleft licence”. As a consequence, linking two programs does not 
produce a single derivative of both (each program stay covered by its primary 
licence). Therefore the question is not relevant: the EUPL v1.2 is copyleft (or 
share-alike) for protecting the covered software only from exclusive 
appropriation, but it has no pretention for any “viral extension” to other 
software in case of linking.

EUROPEAN UNION PUBLIC LICENCE v. 1.2 
EUPL © the European Union 2007, 2016 

This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined 
below) which is provided under the 
terms of this Licence. Any use of the Work, other than as authorised under this 
Licence is prohibited (to the extent such 
use is covered by a right of the copyright holder of the Work). 
The Work is provided under the terms of this Licence when the Licensor (as 
defined below) has placed the following 
notice immediately following the copyright notice for the Work: 
  Licensed under the EUPL 
or has expressed by any other means his willingness to license under the EUPL. 

1.Definitions 
In this Licence, the following terms have the following meaning: 
— ‘The Licence’:this Licence. 
— ‘The Original Work’:the work or software distributed or communicated by the 
Licensor under this Licence, available 
as Source Code and also as Executable Code as the case may be. 
— ‘Derivative Works’:the works or software that could be created by the 
Licensee, based upon the Original Work or 
modifications thereof. This Licence does not define the extent of modification 
or dependence on the Original Work 
required in order to classify a work as a Derivative Work; this extent is 
determined by 

[License-discuss] EU Commission Publication of EUPL v1.2

[Patrice-Emmanuel Schmitz]

The new version of the European Union Public Licence is published !
(OJ 19/05/2017 L128 *p. 59–64*

 )

attached the .txt and some information.
Greetings,

-- 
Patrice-Emmanuel Schmitz
pe.schm...@googlemail.com
tel. + 32 478 50 40 65
Understanding the EUPL v1.2

EUPL v1.2 published in the Official Journal 
The new version of the European Union Public Licence (EUPL) is published in the 
23 EU languages in the EU Official Journal: Commission Implementing Decision 
(EU) 2017/863 of 18 May 2017 updating the open source software licence EUPL to 
further facilitate the sharing and reuse of software developed by public 
administrations (OJ 19/05/2017 L128 p. 59–64 ).

What it changed in the new licence?
* EUPL v1.2 has a wider coverage: it cover “the Work” (any copyrighted work) 
and not exclusively “the software”. Therefore it is easier to apply the EUPL 
v1.2 to data, documents, standard specifications etc.
* EUPL v1.2 has a wider compatibility: the software itself (copies or 
modifications/improvements) will stay covered by the EUPL without possibilities 
of re-licensing by recipients, but it may also be merged in a new – other - 
larger work with other software components covered by compatible licences. When 
needed and for avoiding licence conflicts, this other derivative work can then 
be distributed under the compatible licence.  The list of compatible licences 
includes both the GPLv2 and v3, the AGPL, MPL, EPL, LGPL and other licences. 
Regarding documents, compatibility includes the Creative Common licence CC BY 
SA.
* EUPL v1.2 provides more flexibility concerning the additional agreements: any 
additional provision that is not in contradiction with the licence is valid, 
including the selection of a specific applicable law, of a specific arbitration 
court etc.
* EUPL v1.2 has adapted its terminology to the evolution of European law and 
has now a Croatian working version

Does it apply to projects already covered by EUPL v1.1?
* In case a work is currently licensed “under the EUPL” or “under the EUPL v1.1 
or later”, the new EUPL v1.2 applies. In case a work is licensed “under the 
EUPL v1.1” (sometimes adding “v1.1 only”) no automatic update is foreseen. The 
project owner is invited to check the opportunity of updating its notices.

Since the list of compatible licences includes the MPL, the EPL, the LGPL and 
more other licences, is the “copyleft” of the EUPL v1.2 weaker than before?
* The European law (in particular recitals 10 and 15 of Directive 2009/24/EC on 
the protection of computer programs) seems to invalidate the idea of “strong 
copyleft”: any portion of code that is strictly necessary for implementing 
interoperability can be reproduced without copyright infringement. This means 
that linking cannot be submitted to conditions or restricted by a so-called 
“strong copyleft licence”. As a consequence, linking two programs does not 
produce a single derivative of both (each program stay covered by its primary 
licence). Therefore the question is not relevant: the EUPL v1.2 is copyleft (or 
share-alike) for protecting the covered software only from exclusive 
appropriation, but it has no pretention for any “viral extension” to other 
software in case of linking.

EUROPEAN UNION PUBLIC LICENCE v. 1.2 
EUPL © the European Union 2007, 2016 

This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined 
below) which is provided under the 
terms of this Licence. Any use of the Work, other than as authorised under this 
Licence is prohibited (to the extent such 
use is covered by a right of the copyright holder of the Work). 
The Work is provided under the terms of this Licence when the Licensor (as 
defined below) has placed the following 
notice immediately following the copyright notice for the Work: 
  Licensed under the EUPL 
or has expressed by any other means his willingness to license under the EUPL. 

1.Definitions 
In this Licence, the following terms have the following meaning: 
— ‘The Licence’:this Licence. 
— ‘The Original Work’:the work or software distributed or communicated by the 
Licensor under this Licence, available 
as Source Code and also as Executable Code as the case may be. 
— ‘Derivative Works’:the works or software that could be created by the 
Licensee, based upon the Original Work or 
modifications thereof. This Licence does not define the extent of modification 
or dependence on the Original Work 
required in order to classify a work as a Derivative Work; this extent is 
determined by copyright law applicable in 
the country mentioned in Article 15. 
— ‘The Work’:the Original Work or its Derivative Works. 
— ‘The Source Code’:the human-readable form of the Work which is the most 
convenient for people to study and 
modify. 
— ‘The Executable Code’:any code which has generally been compiled and which is 
meant to be