Re: Should LGPL-3.0 be an exception rather than a main license?

2015-03-26 Thread J Lovejoy
Hi All, 

Let me sum this up, to make sure we are all on the same page.

LGPLv3 will be on the license list - there is no question there. The question 
is, now that we have the exceptions listed on their own, should it be there 
(http://spdx.org/licenses/preview/exceptions-index.html 
http://spdx.org/licenses/preview/exceptions-index.html) or remain as a 
“standalone” license on the main list (http://spdx.org/licenses/preview/ 
http://spdx.org/licenses/preview/)

I don’t think there is a “right” answer here… we can be consistent in how other 
exceptions are represented or not (ostensibly due to external considerations).  
As much as I do prefer consistency, we have already seen before that trying to 
apply “rules” in a consistent manner to open source licenses and how they are 
represented is almost impossible.

I believe that historically speaking, LGPLv3 was very intentionally drafted 
this way with a goal of making it easier to apply and understand (given the 
confusion over LGPLv2.1), which sort of cuts towards treating it as a true 
exception (Alan’s theory very interesting, though!)

So, let’s take a look at the two option:

1) To be consistent, it would seem that LGPLv3 is an exception in the same way 
as these other exceptions.  This would mean it would be listed with the 
exceptions and to represent LGPLv3 using the License Expression Syntax would 
look like this:
GPL-3.0 WITH LGPL-3.0

(this feels a bit odd, but it would be accurate technically speaking…)

Or, 

2) We could simply leave LGPLv3 on the main license list (as if it was a 
standalone license) and thus it would be represented as its standalone short 
identifier: 
LGPL-3.0

(This would be technically inconsistent with how the other exceptions are 
represented, but results in an arguably more expected identification via the 
short identifier.)

I don’t know— as much as I like consistency and accuracy (#1) - the resultant 
license expression syntax of “GPL-3.0 WITH LGPL-3.0” feels… wrong.  I’d also be 
afraid that if we went that route it would be confusing, because it’s not what 
you’d expect and that the community would, well, freak out (possibly 
justifiably).  As to the latter concern, I just sent Bradley Kuhn an email 
about this to gain his thoughts, since I have spoken to him a bit about the 
efforts to improve our list of exceptions.  Thus, #2 just “feels” more 
appropriate.*sigh*   

In the meantime, I’d be curious to hear thoughts what with the syntax staring 
at you. 

Cheers,
Jilayne

PS let me just make the prediction right now, that either way, three years from 
now someone new will point this out and one of us will have to remember this 
discussion… note: whatever we decide should be summarized somewhere and include 
a note in the license Notes field...
 On Mar 24, 2015, at 8:06 AM, Wheeler, David A dwhee...@ida.org wrote:
 
 I agree that the LGPL 3.0 absolutely *should* be on the license list. 
  
 --- David A. Wheeler
  
  
 From: spdx-legal-boun...@lists.spdx.org 
 mailto:spdx-legal-boun...@lists.spdx.org 
 [mailto:spdx-legal-boun...@lists.spdx.org 
 mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Alan Tse
 Sent: Monday, March 23, 2015 7:20 PM
 To: Dennis Clark; J Lovejoy
 Cc: SPDX-legal
 Subject: RE: Should LGPL-3.0 be an exception rather than a main license?
  
 I think most people will be confused if they’re looking at the License List 
 and don’t find the LGPL3.  
  
 I might have missed what we consider an exception (didn’t find a definition 
 on the webpage) but I always considered exceptions as small use case 
 exceptions to an existing license.  The LGPL on the other hand seems more 
 than just a small exception to the GPL and like a whole other license.  
  
 To digress a bit more, I always felt it was a marketing strategy to 
 incorporate the GPL so people had to go look and realize there’s a 
 “preferred” license over the LGPL.
  
 Alan Tse
 Copyright and Open Source Licensing Director
 Western Digital Technologies, Inc.
 3355 Michelson Dr., Suite 100, Irvine, CA 92612
 T:  949-672-7759
 F:  949-672-6604
  
  
 From: spdx-legal-boun...@lists.spdx.org 
 mailto:spdx-legal-boun...@lists.spdx.org 
 [mailto:spdx-legal-boun...@lists.spdx.org 
 mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Dennis Clark
 Sent: Monday, March 23, 2015 4:09 PM
 To: J Lovejoy
 Cc: SPDX-legal
 Subject: Re: Should LGPL-3.0 be an exception rather than a main license?
  
 Legal Team,  
  
 I think that Sam's points about the LGPL 3.0 are technically correct, but 
 given that OSI treats LGPL 3.0 as a license 
 (http://opensource.org/licenses/LGPL-3.0 
 http://opensource.org/licenses/LGPL-3.0), I think we can also treat it as 
 an exception to the exceptions and continue to include it in our license 
 list.  It has become a very popular license (for mysterious reasons) and I 
 think it would just seem really strange to handle it otherwise.  On the other 
 hand, I'm cautiously open to the alternative view if most 

RE: Should LGPL-3.0 be an exception rather than a main license?

2015-03-26 Thread Wheeler, David A
J Lovejoy:
   GPL-3.0 WITH LGPL-3.0 (this feels a bit odd, but it would be accurate 
 technically speaking…) [or]
   LGPL-3.0

I strongly believe “LGPL-3.0” is the correct answer.   LGPL-3.0 is much 
simpler, it's much clearer to non-lawyers, and referring to it as its own name 
matches historical practice.

In *practice* the LGPL is practically always referred to as its own license, 
not as a tweak to another license.  Historically the LGPL was implemented as a 
separate license, and the “tweak” is not a small one either (exceptions are 
usually small).  All other license list systems (such as Debian and Fedora's) 
treat it as a separate license, so there is strong historical precedence to 
treating it as its own license (if no other reason than backwards 
compatibility).

--- David A. Wheeler

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Re: Should LGPL-3.0 be an exception rather than a main license?

2015-03-26 Thread Philip Odence
I’m with my friend David on this…and with my friend Ralph:


“A foolish consistency is the hobgoblin of little minds, adored by little
statesmen and philosophers and divines. With consistency a great soul has
simply nothing to do. He may as well concern himself with his shadow on
the wall. Speak what you think now in hard words, and to-morrow speak what
to-morrow thinks in hard words again, though it contradict every thing you
said to-day. ― 'Ah, so you shall be sure to be misunderstood.' ― Is it so
bad, then, to be misunderstood? Pythagoras was misunderstood, and
Socrates, and Jesus, and Luther, and Copernicus, and Galileo, and Newton,
and every pure and wise spirit that ever took flesh. To be great is to be
misunderstood.”
― Ralph Waldo Emerson





On 3/26/15, 5:11 PM, J Lovejoy opensou...@jilayne.com wrote:

That is a really good point about the other lists, David.

(good to hear from you again on this list!!)

Jilayne

 On Mar 26, 2015, at 2:36 PM, Wheeler, David A dwhee...@ida.org wrote:
 
 J Lovejoy:
 GPL-3.0 WITH LGPL-3.0 (this feels a bit odd, but it would be accurate
technically speaking…) [or]
 LGPL-3.0
 
 I strongly believe “LGPL-3.0” is the correct answer.   LGPL-3.0 is
much simpler, it's much clearer to non-lawyers, and referring to it as
its own name matches historical practice.
 
 In *practice* the LGPL is practically always referred to as its own
license, not as a tweak to another license.  Historically the LGPL was
implemented as a separate license, and the “tweak” is not a small one
either (exceptions are usually small).  All other license list systems
(such as Debian and Fedora's) treat it as a separate license, so there
is strong historical precedence to treating it as its own license (if no
other reason than backwards compatibility).
 
 --- David A. Wheeler
 

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Re: Spdx-legal Digest, Vol 51, Issue 11

2015-03-26 Thread Michael Herzog
.
  
I might have missed what we consider an exception (didn?t find a definition on the webpage) but I always considered exceptions as small use case exceptions to an existing license.  The LGPL on the other hand seems more than just a small exception to the GPL and like a whole other license.
  
To digress a bit more, I always felt it was a marketing strategy to incorporate the GPL so people had to go look and realize there?s a ?preferred? license over the LGPL.
  
Alan Tse

Copyright and Open Source Licensing Director
Western Digital Technologies, Inc.
3355 Michelson Dr., Suite 100, Irvine, CA 92612
T:  949-672-7759
F:  949-672-6604
  
  
From: spdx-legal-boun...@lists.spdx.org mailto:spdx-legal-boun...@lists.spdx.org [mailto:spdx-legal-boun...@lists.spdx.org mailto:spdx-legal-boun...@lists.spdx.org] On Behalf Of Dennis Clark

Sent: Monday, March 23, 2015 4:09 PM
To: J Lovejoy
Cc: SPDX-legal
Subject: Re: Should LGPL-3.0 be an exception rather than a main license?
  
Legal Team,
  
I think that Sam's points about the LGPL 3.0 are technically correct, but given that OSI treats LGPL 3.0 as a license (http://opensource.org/licenses/LGPL-3.0 http://opensource.org/licenses/LGPL-3.0), I think we can also treat it as an exception to the exceptions and continue to include it in our license list.  It has become a very popular license (for mysterious reasons) and I think it would just seem really strange to handle it otherwise.  On the other hand, I'm cautiously open to the alternative view if most of the group prefers to redefine LGPL 3.0 as an Exception.
  
Regards,

Dennis Clark
  
  
On Mon, Mar 23, 2015 at 2:59 PM, J Lovejoy opensou...@jilayne.com mailto:opensou...@jilayne.com wrote:

Hi Sam,
  
Hmm? great point.  This has not been considered previously and did not really need to be pre-2.0 discussions because the exceptions were not separated out, etc.
  
Our next legal call is on the day we are hoping to go live with 2.0, I think.  So, we can discuss it then (it?s not a lengthy change), but can we get some thoughts on this topic via the email list in the meantime?
  
I think that, technically, this is right and LGPLv3 should probably be on the exception list, instead of listed as a separate license in and of itself.  But that?s just my gut?
  
thoughts???
  
Jilayne
  
SPDX Legal Team co-lead

opensou...@jilayne.com mailto:opensou...@jilayne.com
  
On Mar 23, 2015, at 10:04 AM, Sam Ellis sam.el...@arm.com mailto:sam.el...@arm.com wrote:
  
Hi,
  
In relation to the SPDX-LL and exceptions, I note that LGPL-3.0 is listed as a full license (http://spdx.org/licenses/preview/LGPL-3.0.html http://spdx.org/licenses/preview/LGPL-3.0.html). However the wording of LGLP-3.0 is such that it does not stand alone; it refers to and depends on GPL-3.0 and uses terms such as supplemented by the additional permissions and Exception to Section 3 of the GNU GPL. I therefore wish to raise the question of whether LGPL-3.0 should be on the exception list rather than on the full list. Logically, it seems to be an exception, and yet it is such a mainstream license that I can see an argument for it to be on the full license list. Has this been considered previously?
  
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Sam Ellis (ARM)

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