Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-13 Thread Michael Schwendt
On Sat, 12 Dec 2009 20:45:11 -0800, Julius wrote:

 ps.  My email is more of a personal tangential thought I'm having and
 not really relevant to Orcan's original questions since it doesn't
 have any implications for what to put in the RPM license tag!

Still, what to put in the License: tag has implications with
regard to the compatibility of the programs. It is especially important
for the A may use B relation which is relevant when linking program A
with library B.

And when _copying_ code from program A to program B, proper license
conversion ought to be applied in the program's source code as explained
in the appendix of the license files, and e.g. following the compatibility
matrix and other QA in the FSF's GPL FAQ:
http://www.fsf.org/licensing/licenses/gpl-faq.html

You cannot hide GPLv2 only files in a GPLv2+ library, for example, and
use this with a GPLv3 program. Once more, conversion of licenses is not
implicit or automatic. Even if we say our License: tags are not legally
binding, it is not us to override the actual licensing that is applied to
a program in the source files and in accompanying documentation. GPLv2
only and LGPL files _may_ be converted to apply the GPLv2+, but somebody
needs to do that. Explicitly. And as explained in the appendix to the
license terms.

Related to Orcan's initial post, the software developer has replied to
me. The program is supposed to apply the GPLv2 only and any GPLv2+ and
LGPL references are not supposed to be there. The author also pointed out
that he doesn't like the or later clause in general. Whether and when the
source code archive will be fixed, is another question.

 Here's my attempt at answering Orcan's question:
 
 1.  If source contains at least one GPL source code file (but let's
 ignore header files)

That exception is inacceptable already. So-called header files are
source code, too, particularly if they contain inline functions and/or
define structures and other non-basic types.

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Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-13 Thread Richard Fontana
On Sat, 12 Dec 2009 20:29:57 -0800
Julius Davies juliusdav...@gmail.com wrote:

 Hi,
 
 Maybe the overall master copyright license for the Fedora
 compilation causes every single GPL+ compatible file inside Fedora to
 be licensed as GPL+ ?  So every LGPL, BSD, MIT file which *can* be
 relicensed in this way *is even if such a relicensing is unnecessary
 for license compliance? 

 Take a look at this file on your Fedora
 CDROM:
 
 ftp://ftp.nrc.ca/pub/systems/linux/redhat/fedora/linux/releases/12/Everything/i386/os/GPL
 ---
 *
 The following copyright applies to the Fedora compilation and any
 portions of Fedora it does not conflict with. Whenever this
 policy does conflict with the copyright of any individual portion of
 Fedora, it does not apply.
 
 *
   GNU GENERAL PUBLIC LICENSE
  Version 2, June 1991
 
 [Rest of file is verbatim copy of GPLv2 license.]
 ---

I haven't been following this thread closely, but this reference to
GPLv2 is a licensing bug - an erroneous holdover from the RHL era, and
should not have been included.  I can say categorically that any global
copyright license for the Fedora compilation is intended to have no
effect on the licensing of Fedora packages. 
 
- RF


-- 
Richard E. Fontana
Open Source Licensing and Patent Counsel
Red Hat, Inc.
 

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Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-12 Thread Julius Davies
ps.  My email is more of a personal tangential thought I'm having and
not really relevant to Orcan's original questions since it doesn't
have any implications for what to put in the RPM license tag!

Here's my attempt at answering Orcan's question:

1.  If source contains at least one GPL source code file (but let's
ignore header files) and this source code is compiled into a binary
file, then the license of the binary file must be:

a.  If the binary is a single work derived from all the source code
files, then that GPL code will take precendence, and the binary as a
whole becomes GPL.

b.  If the binary is a compilation, then I don't know what happens!

I'm curious if Java jar files are compilations.


2.  As for header files, well they don't really end up in the binary
file, do they?  So does it matter?  And I vaguely recall some notion
that API's are not copyrightable, so couldn't someone always rewrite a
header file to contain the minimum necessary for compilation and then
release that version under any license they like?


yours,

Julius


On Sat, Dec 12, 2009 at 8:29 PM, Julius Davies juliusdav...@gmail.com wrote:
 Hi,

 Maybe the overall master copyright license for the Fedora
 compilation causes every single GPL+ compatible file inside Fedora to
 be licensed as GPL+ ?  So every LGPL, BSD, MIT file which *can* be
 relicensed in this way *is even if such a relicensing is unnecessary
 for license compliance?  Take a look at this file on your Fedora
 CDROM:

 ftp://ftp.nrc.ca/pub/systems/linux/redhat/fedora/linux/releases/12/Everything/i386/os/GPL
 ---
 *
 The following copyright applies to the Fedora compilation and any
 portions of Fedora it does not conflict with. Whenever this
 policy does conflict with the copyright of any individual portion of Fedora,
 it does not apply.

 *
                    GNU GENERAL PUBLIC LICENSE
                       Version 2, June 1991

 [Rest of file is verbatim copy of GPLv2 license.]
 ---


 Notice I'm saying GPL+ and not GPLv2+ because of information on the
 Licensing:FAQ - FedoraProject wiki page:
 https://fedoraproject.org/wiki/Licensing/FAQ

 ---
 If neither the source, nor the upstream composed documentation says
 anything about the license version, then it could be under _ANY_
 version of the GPL. The version listed in COPYING is irrelevant from
 this perspective. Technically it could be under any license, but if
 all we have to go by is COPYING, we'll use COPYING to imply that it is
 under the GPL, all versions (GPL+).
 ---



 yours,

 Julius



 On Fri, Dec 11, 2009 at 8:43 PM, Orcan Ogetbil oget.fed...@gmail.com wrote:
 On Fri, Dec 11, 2009 at 9:03 PM, Rahul Sundaram wrote:
 On 12/12/2009 07:24 AM, Orcan Ogetbil wrote:
 On Thu, Dec 10, 2009 at 5:25 AM, Michael Schwendt  wrote:

 Fedora's Licensing Guidelines don't use the term effective license
 anywhere. Not even in the section on dual licensing, which is the scenario
 where the packager may choose to pick either license for the whole
 program.

 There is no such thing as an effective license related to the Mixed
 Source Licensing Scenario [1], because re-licensing a program, such as
 converting from LGPL to GPL, is not done implicitly or automatically.


 Thanks but that doesn't answer my question. Are so many people just
 imagining things? Why does this inconsistency exist? I'd like to have
 this cleared up so we won't have to discuss the same issue over and
 over again.

 People are just confused. The issue has already been clarified. Is there
 still some specific confusion?

 Okay. Whenever someone says most restrictive license wins again, I
 will say no, and will refer to this thread.

 Thanks,
 Orcan

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 --
 yours,

 Julius Davies
 250-592-2284 (Home)
 250-893-4579 (Mobile)
 http://juliusdavies.ca/logging.html




-- 
yours,

Julius Davies
250-592-2284 (Home)
250-893-4579 (Mobile)
http://juliusdavies.ca/logging.html

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Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-11 Thread Orcan Ogetbil
On Thu, Dec 10, 2009 at 5:25 AM, Michael Schwendt  wrote:

 Fedora's Licensing Guidelines don't use the term effective license
 anywhere. Not even in the section on dual licensing, which is the scenario
 where the packager may choose to pick either license for the whole
 program.

 There is no such thing as an effective license related to the Mixed
 Source Licensing Scenario [1], because re-licensing a program, such as
 converting from LGPL to GPL, is not done implicitly or automatically.


Thanks but that doesn't answer my question. Are so many people just
imagining things? Why does this inconsistency exist? I'd like to have
this cleared up so we won't have to discuss the same issue over and
over again.

Orcan

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Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-11 Thread Orcan Ogetbil
On Fri, Dec 11, 2009 at 9:03 PM, Rahul Sundaram wrote:
 On 12/12/2009 07:24 AM, Orcan Ogetbil wrote:
 On Thu, Dec 10, 2009 at 5:25 AM, Michael Schwendt  wrote:

 Fedora's Licensing Guidelines don't use the term effective license
 anywhere. Not even in the section on dual licensing, which is the scenario
 where the packager may choose to pick either license for the whole
 program.

 There is no such thing as an effective license related to the Mixed
 Source Licensing Scenario [1], because re-licensing a program, such as
 converting from LGPL to GPL, is not done implicitly or automatically.


 Thanks but that doesn't answer my question. Are so many people just
 imagining things? Why does this inconsistency exist? I'd like to have
 this cleared up so we won't have to discuss the same issue over and
 over again.

 People are just confused. The issue has already been clarified. Is there
 still some specific confusion?

Okay. Whenever someone says most restrictive license wins again, I
will say no, and will refer to this thread.

Thanks,
Orcan

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Re: [Fedora-legal-list] Please define effective license (for the love of consistency)

2009-12-09 Thread Orcan Ogetbil
On Wed, Dec 9, 2009 at 4:34 PM, Ville Skyttä wrote:
 On Wednesday 09 December 2009, Orcan Ogetbil wrote:
 1) I came across another review with the same license question. The
 source files have one of the
 GPLv2, GPLv2+ and LGPLv2+ headers each. They get compiled and produce
 1 final binary executable. None of the headers (or other source code
 files) go to the final RPM.

 What goes to the license tag of the package?

 Ref: https://bugzilla.redhat.com/show_bug.cgi?id=537325#c4

 2) Hypothetical question (although happens rather frequently): What if
 there was a -devel subpackage and .h files with different licenses
 ended up in this -devel subpackage?

 Aren't both questions answered pretty well by
 https://fedoraproject.org/wiki/Packaging/LicensingGuidelines ?


Nope. I wouldn't ask if they were.

Orcan

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