SPDX meta-tag for implicit license terms

2013-12-10 Thread Wolfgang Denk
Hello,

after converting the U-Boot project to use SPDX meta-tags, we now
started working on another Open Source project; here we face a
somewhat different situation:  a large number of the individual source
files do not contain any per-file license header at all.  Instead,
they rerely on the fact that they inherit the global, project-wide
license as defined in the top level README and COPYING files.

My understanding is that this is technically and legally clean as is.

However, I see a handling problem here:  the conversion of the project
to use SPDX meta-tags will probably be an incremental process, and
there will be some period of time (eventually even a long one) where
still files exist that have not been converted yet.

I would like to define a way to mark such files where implicit
licensing applies, so that we do not have to check these again and
again.

Of course we could insert a license tag corresponding to the actual
project-wide license, but such a modification is considered intrusive
by some of affected people.

I think it would be better (and easier acceptable by the respective
copyright holders) to have some "neutral" SPDX meta-tag that reflects
the fact that this file inherits the project's global license terms.

Would such a meta-tag be acceptable to the SPDX team?

I'm still looking for a good "name" for such a tag; suggestions we
have so far include:

SPDX-License-Identifier: implicit

SPDX-License-Identifier: inherit

SPDX-License-Identifier: none

SPDX-License-Identifier: -

Suggestions and comments welcome...

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de
There is a time in the tides of men, Which, taken at its flood, leads
on to success. On the other hand, don't count on it.   - T. K. Lawson
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AW: SPDX meta-tag for implicit license terms

2013-12-10 Thread Fendt, Oliver
Hi,

As far as I under stood the standard one would express this kind of association 
(file without license information - is assumed to be licensed under the 
"conluded" license of the package) with the following elements on file level:
LicenseInfoInFile: NONE
License concluded: SPDX Identifier of the "concluded" license of the package

Would it be possible to transfer the information from the SDPX file to the 
package. Meaning that those files will receive (or better to say: these files 
will be modified with) the Strings:
LicenseInfoInFile: NONE
License concluded: SPDX Identifier of the "concluded" license of the package

This is just a suggestion

Best Regards 
Oliver Fendt

Siemens AG
Corporate Technology
Corporate Standards & Guidance
CT CSG SWI OSS
Otto-Hahn-Ring 6
81739 München, Deutschland
Tel: +49 89 636-46033
mailto:oliver.fe...@siemens.com


-Ursprüngliche Nachricht-
Von: spdx-tech-boun...@lists.spdx.org [mailto:spdx-tech-boun...@lists.spdx.org] 
Im Auftrag von Wolfgang Denk
Gesendet: Dienstag, 10. Dezember 2013 11:10
An: spdx-t...@lists.spdx.org; spdx-legal@lists.spdx.org
Betreff: SPDX meta-tag for implicit license terms

Hello,

after converting the U-Boot project to use SPDX meta-tags, we now started 
working on another Open Source project; here we face a somewhat different 
situation:  a large number of the individual source files do not contain any 
per-file license header at all.  Instead, they rerely on the fact that they 
inherit the global, project-wide license as defined in the top level README and 
COPYING files.

My understanding is that this is technically and legally clean as is.

However, I see a handling problem here:  the conversion of the project to use 
SPDX meta-tags will probably be an incremental process, and there will be some 
period of time (eventually even a long one) where still files exist that have 
not been converted yet.

I would like to define a way to mark such files where implicit licensing 
applies, so that we do not have to check these again and again.

Of course we could insert a license tag corresponding to the actual 
project-wide license, but such a modification is considered intrusive by some 
of affected people.

I think it would be better (and easier acceptable by the respective copyright 
holders) to have some "neutral" SPDX meta-tag that reflects the fact that this 
file inherits the project's global license terms.

Would such a meta-tag be acceptable to the SPDX team?

I'm still looking for a good "name" for such a tag; suggestions we have so far 
include:

SPDX-License-Identifier: implicit

SPDX-License-Identifier: inherit

SPDX-License-Identifier: none

SPDX-License-Identifier: -

Suggestions and comments welcome...

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de There 
is a time in the tides of men, Which, taken at its flood, leads
on to success. On the other hand, don't count on it.   - T. K. Lawson
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Re: SPDX meta-tag for implicit license terms

2013-12-10 Thread kate . stewart
Hello Wolfgang,


>- Original Message -
>From: Wolfgang Denk 
>To: spdx-t...@lists.spdx.org; spdx-legal@lists.spdx.org
>Cc: "Meier, Roger" 
>Sent: Tuesday, December 10, 2013 4:09 AM
>Subject: SPDX meta-tag for implicit license terms
>
>Hello,
>
>after converting the U-Boot project to use SPDX meta-tags, we now
>started working on another Open Source project; here we face a
>somewhat different situation:  a large number of the individual source
>files do not contain any per-file license header at all.  Instead,
>they rerely on the fact that they inherit the global, project-wide
>license as defined in the top level README and COPYING files.
>
>My understanding is that this is technically and legally clean as is.
>
>However, I see a handling problem here:  the conversion of the project
>to use SPDX meta-tags will probably be an incremental process, and
>there will be some period of time (eventually even a long one) where
>still files exist that have not been converted yet.
>
>I would like to define a way to mark such files where implicit
>licensing applies, so that we do not have to check these again and
>again.
>
>Of course we could insert a license tag corresponding to the actual
>project-wide license, but such a modification is considered intrusive
>by some of affected people.
>
>I think it would be better (and easier acceptable by the respective
>copyright holders) to have some "neutral" SPDX meta-tag that reflects
>the fact that this file inherits the project's global license terms.
>
>Would such a meta-tag be acceptable to the SPDX team?
>
>I'm still looking for a good "name" for such a tag; suggestions we
>have so far include:
>
>    SPDX-License-Identifier: implicit
>
>    SPDX-License-Identifier: inherit
>
>    SPDX-License-Identifier: none
>
>    SPDX-License-Identifier: -
>
>Suggestions and comments welcome...

I recommend we conform to the existing terms already in the specification
to handle this type of ambiguity,  in Section 6.5 of version 1.2 which details
how the License Information In File is specified. 
6.5.1 Purpose: This field contains the license information actually found in 
the file, if any. Any
license information not actually in the file, e.g., “COPYING.txt” file in a top 
level directory, should not
be reflected in this field. This information is most commonly found in the 
header of the file, although
it may be in other areas of the actual file. The options to populate this field 
are limited to: 
>(a) the SPDX License List short form identifier, if the license is on the SPDX 
>License List;
>(b) a reference to the license, denoted by LicenseRef-[idString], if the 
>license is not on the SPDX
License List;
>(c) NONE, if the actual file contains no license information whatsoever; or
>(d) NOASSERTION, if the SPDX file creator has not examined the contents of the 
>actual file or
the SPDX file creator has intentionally provided no information (no meaning 
should be implied by doing so).
>With respect to “a” and “b” above, if license information for more than one 
>license is contained in
the file or if the license information offers the package recipient a choice of 
licenses, then each of
the choices should be listed as a separate entry. 


Where there is no license present use "NOASSERTION" is probably the best 
option, when the discussion has not been had with the creator.  Using "NONE" 
when it is known to be a deliberate choice. 

ie.  
   SPDX-License-Identifier: NOASSERTION
or
   SPDX-License-Identifer: NONE

Hope this helps, 
Kate
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RE: SPDX meta-tag for implicit license terms

2013-12-10 Thread Gisi, Mark
>> Instead, they rely on the fact that they inherit the global, project-wide 
>> license as defined in the top 
>> level README and COPYING files.

Although a global license file is a commonly used approach, I would categorize 
it as a "bad" practice from a license compliance perspective. It is analogous 
to programming with global variables which, in most situations, is also 
considered a bad practice for similar reasons. Global License files are 
particularly problematic when a lot of code sharing takes place between 
projects. Consider the following:
  1) one project copies a file from another project where the projects are 
under different licenses;
  2) both projects use the global license file approach; and
  3) due to lack of good discipline - the license info does not travel with the 
file

Now you have a file with incorrect licensing info.  This is a big problem 
because file sharing, the core activity that fuels the open source movement, 
occurs in a big way. Including a license notice in every file is, by far, the 
best practice because the license information travels with the file. There is a 
reason why high quality disciplined projects include a license notice in every 
single file (e.g., Apache, Eclipse, Kernel.org, Busybox). 

By the way, including a COPYING file is a good practice when the sole purpose 
of the file is to provide a copy of the license.

>> My understanding is that this is technically and legally clean as is.

Different organizations (e.g., projects, foundations and companies) may reach 
different technical and legal conclusions on how clean it is. Some 
organizations may be ok with this interpretation while others may see this as a 
real problem. 

All in all, from a compliance perspective - THERE IS NO BETTER PRACTICE THEN 
INCLUDING A CLEAR LICENSE NOTICE IN EVERY FILE. All other approaches increase 
the risk of losing key licensing information with the increase in code sharing. 
Meta tagging should augment an already existing license notice for the sole 
purpose of automating the generation of an SPDX file for a given project. Mega 
tagging should NOT serve as a replacement for a license notice.

regards,
Mark

Mark Gisi | Wind River | Senior Intellectual Property Manager
Tel (510) 749-2016 | Fax (510) 749-4552



-Original Message-
From: spdx-tech-boun...@lists.spdx.org 
[mailto:spdx-tech-boun...@lists.spdx.org] On Behalf Of Wolfgang Denk
Sent: Tuesday, December 10, 2013 2:10 AM
To: spdx-t...@lists.spdx.org; spdx-legal@lists.spdx.org
Subject: SPDX meta-tag for implicit license terms

Hello,

after converting the U-Boot project to use SPDX meta-tags, we now started 
working on another Open Source project; here we face a somewhat different 
situation:  a large number of the individual source files do not contain any 
per-file license header at all.  Instead, they rerely on the fact that they 
inherit the global, project-wide license as defined in the top level README and 
COPYING files.

My understanding is that this is technically and legally clean as is.

However, I see a handling problem here:  the conversion of the project to use 
SPDX meta-tags will probably be an incremental process, and there will be some 
period of time (eventually even a long one) where still files exist that have 
not been converted yet.

I would like to define a way to mark such files where implicit licensing 
applies, so that we do not have to check these again and again.

Of course we could insert a license tag corresponding to the actual 
project-wide license, but such a modification is considered intrusive by some 
of affected people.

I think it would be better (and easier acceptable by the respective copyright 
holders) to have some "neutral" SPDX meta-tag that reflects the fact that this 
file inherits the project's global license terms.

Would such a meta-tag be acceptable to the SPDX team?

I'm still looking for a good "name" for such a tag; suggestions we have so far 
include:

SPDX-License-Identifier: implicit

SPDX-License-Identifier: inherit

SPDX-License-Identifier: none

SPDX-License-Identifier: -

Suggestions and comments welcome...

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH, MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: w...@denx.de There 
is a time in the tides of men, Which, taken at its flood, leads
on to success. On the other hand, don't count on it.   - T. K. Lawson
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RE: SPDX meta-tag for implicit license terms

2013-12-11 Thread Wheeler, David A
Gisi, Mark:
> All in all, from a compliance perspective - THERE IS NO BETTER PRACTICE THEN 
> INCLUDING A CLEAR LICENSE NOTICE IN EVERY FILE.

Sure.  However, in a world where a LARGE number of people intentionally include 
NO LICENSE and wrongly assert that "no license"=="I can do anything I want", 
I'm delighted to have *one* well-understood license with the software package.  
Github has since made major improvements, but this is still useful for context: 
http://www.infoworld.com/d/open-source-software/github-needs-take-open-source-seriously-208046.
  My "thanks" to the people at RIAA et al who have successfully convinced many 
in a generation that copyright is a no-longer-relevant or evil law and that 
"all the cool kids" ignore it :-(.

At this point I'm trying to get people to include a well-understood 
lawyer-and-OSI-approved OSS license SOMEWHERE in their project if they intend 
to release software as OSS.  Getting license text into every file is lower in 
my priority list.  It's hard to water the plants when the building is on fire.

But I agree that per-file is best.  If you want a clear license notice in every 
file, it needs to be REALLY EASY to add. Adding a lot of text in a large number 
of files is less likely to happen.

--- David A. Wheeler


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Re: SPDX meta-tag for implicit license terms

2013-12-19 Thread Jilayne Lovejoy
I would agree with Oliver's point, as well as Kate's - that we should be 
consistent with what is already defined in the standard.  Oliver has concisely 
summarized the information you would expect to find in the SPDX document for 
the file level information for a file that has no license info in it - that is, 
as Kate also pointed out, the LicenseInfoInFile would be NONE or NOASSERTION 
and then the Concluded License field would be used to declare the license based 
upon extrinsic (e.g. directly level license) information.

The question here seems to be a matter of order: can the fields of the spec 
also be used for meta-tagging preemptively?  And if so, would such information 
then be dumped into the SPDX file for the project.  Or the other way around, 
could information from an SPDX file for an entire project be used to generate 
file-level meta-tags?

While I completely agree with Mark that file-level licensing information is the 
way to go ultimately, the concept of someone determining the license for 
unmarked files and then inserting some license information seems to be treading 
in potentially dangerous water - if someone is incredibly diligent in this 
process, it could be incredibly helpful; but if they are sloppy in even the 
slightest bit (perhaps, unknowingly so), then you have license information that 
is wrong.  It might be safer to just leave this info, that is, the concluded 
license for files with no explicit license info, in the SPDX document that will 
go with the package (and its files) and leave the preemptive meta-tagging to 
project/file authors.  If someone really wanted to, I suppose they could 
generate the tags from the SPDX document as suggested below, but then that 
seems a bit like replacing or duplicating some of the SPDX file…

just my off-the-top of my head (and late) thoughts on the matter… (which I 
reserve the right to alter upon further discussion)

Jilayne


SPDX Legal Team lead
lovejoyl...@gmail.com




On Dec 10, 2013, at 4:45 AM, "Fendt, Oliver"  wrote:

> Hi,
> 
> As far as I under stood the standard one would express this kind of 
> association (file without license information - is assumed to be licensed 
> under the "conluded" license of the package) with the following elements on 
> file level:
> LicenseInfoInFile: NONE
> License concluded: SPDX Identifier of the "concluded" license of the package
> 
> Would it be possible to transfer the information from the SDPX file to the 
> package. Meaning that those files will receive (or better to say: these files 
> will be modified with) the Strings:
> LicenseInfoInFile: NONE
> License concluded: SPDX Identifier of the "concluded" license of the package
> 
> This is just a suggestion
> 
> Best Regards 
> Oliver Fendt
> 
> Siemens AG
> Corporate Technology
> Corporate Standards & Guidance
> CT CSG SWI OSS
> Otto-Hahn-Ring 6
> 81739 München, Deutschland
> Tel: +49 89 636-46033
> mailto:oliver.fe...@siemens.com
> 
> 
> -Ursprüngliche Nachricht-
> Von: spdx-tech-boun...@lists.spdx.org 
> [mailto:spdx-tech-boun...@lists.spdx.org] Im Auftrag von Wolfgang Denk
> Gesendet: Dienstag, 10. Dezember 2013 11:10
> An: spdx-t...@lists.spdx.org; spdx-legal@lists.spdx.org
> Betreff: SPDX meta-tag for implicit license terms
> 
> Hello,
> 
> after converting the U-Boot project to use SPDX meta-tags, we now started 
> working on another Open Source project; here we face a somewhat different 
> situation:  a large number of the individual source files do not contain any 
> per-file license header at all.  Instead, they rerely on the fact that they 
> inherit the global, project-wide license as defined in the top level README 
> and COPYING files.
> 
> My understanding is that this is technically and legally clean as is.
> 
> However, I see a handling problem here:  the conversion of the project to use 
> SPDX meta-tags will probably be an incremental process, and there will be 
> some period of time (eventually even a long one) where still files exist that 
> have not been converted yet.
> 
> I would like to define a way to mark such files where implicit licensing 
> applies, so that we do not have to check these again and again.
> 
> Of course we could insert a license tag corresponding to the actual 
> project-wide license, but such a modification is considered intrusive by some 
> of affected people.
> 
> I think it would be better (and easier acceptable by the respective copyright 
> holders) to have some "neutral" SPDX meta-tag that reflects the fact that 
> this file inherits the project's global license terms.
> 
> Would such a meta-tag be acceptable to the SPDX team?
> 
> I'm still looking for a good "name" for such a tag; suggestions we h