On Fri, Sep 15, 2017 at 06:02:00AM +0000, Gisi, Mark wrote:
> How does one define “accurate and complete” when a package’s “top
> level” license does not represent all the files contained within the
> package (think license diversity).  Although there was no standard
> agreement on what “accurate and complete” meant, I got the strong
> impression looking at the customer’s spreadsheet that a package’s
> top level license was not enough.

If you're going to look through the package an conclude licenses for
each file (a good idea when you need this level of detail), then
you'll have declared/concluded licenses for each file (or parts of
files, if you use snippets).  Once you've collected that, an “accurate
and complete” license for the package would be the AND-ed combination
of all the file/snippet licenses.

However, in many cases there will be content in those packages that is
not ending up in the final device (e.g. documentation, some license
files, project management and policy information, …) that someone
shipping a device does not care about.  Those file/snippet licenses
won't matter to them (unless they are interested in pushing doc
patches back upstream, or some such).

So I'd recommend just providing those customers with file/snippet
granularity and find a workflow that does not bother with “package
licenses”.

If they can't support that level of granularity, ask them to provide
you with a list of files/snippets they care about and only AND their
licenses to conclude a selected-project-subset license.

If they can't provide a list of files/snippets they care about and can
only accept conclusions at the package level, then they're going to
get things like “GPL-3.0 AND Verbatim” for a package that includes
GPL-3.0 code and the text of the GPL 3.0.  But the Verbatim license
contains no onerous conditions for someone shipping devices, so they
probably won't mind.

> There are obviously other types of open source users who do not
> share the same compliance challenges as Stakeholder #1. Consider
> businesses that provides Software as a Service (SaaS) where the lion
> share of the open source runs in the data center as opposed to being
> distributed on millions of devices. Think of Facebook, Netflix,
> Airbnb, and Lyft. For SaaS provider’s software distribution is
> typically not a consideration (except perhaps for the apps you
> download onto your phone). The license compliance complexity and
> risk profile for a SaaS provider is very low compared to device
> makers, their need for SPDX file level licensing information tends
> to very low, if at all.

Maybe the risk is lower, but they have the same issue.  For example,
the AGPL-3.0 has explicit requriments for this use case [1].  Where
detailed licensing is expensive, SaaS providers end up cutting
corners.  But if everyone was doing things right, SaaS providers would
have the same audit-trail robustness that you attribute to device
shippers.

> Many of the products you use (or drive) are created by Stakeholder
> #1. If they lack sufficient file level licensing information…

And nobody is arguing for removing file/snippet granularity (just like
nobody is arguing for removing LicenseRef [2]).  So what problems does
SPDX not address for either of these use cases?

Cheers,
Trevor

[1]: 
https://github.com/spdx/license-list-XML/blob/f1522b5cc61bde64d9b38af05204fdb93c02eef8/src/AGPL-3.0.xml#L480-L494
[2]: https://lists.spdx.org/pipermail/spdx-legal/2017-September/002184.html
     Subject: Re: GPLv2 - Github example
     Date: Tue, 12 Sep 2017 09:45:38 -0700
     Message-ID: <20170912164538.gg30...@valgrind.tremily.us>

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