Thanks for discussing this issue. I agree that asking the ANTLR 2 people
might be helpful to learn more about the history of the license and what
they consider appropriate.

Best,

Till

Am 23.06.20 um 23:40 schrieb Alan Tse:
> Why don’t we reach out since they’re the license steward to see if they’d
> prefer an update vs two separate licenses?
>
>  
>
> *From: *<Spdx-legal@lists.spdx.org> on behalf of Steve Winslow
> <swins...@linuxfoundation.org>
> *Date: *Tuesday, June 23, 2020 at 2:00 PM
> *To: *Bradlee Edmondson <brad.edmond...@gmail.com>
> *Cc: *"jae...@jbb.de" <jae...@jbb.de>, SPDX-legal <Spdx-legal@lists.spdx.org>
> *Subject: *Re: ANTLR-PD
>
>  
>
> *CAUTION:**This email originated from outside of Western Digital. Do not
> click on links or open attachments unless you recognize the sender and know
> that the content is safe.*
>
>  
>
> Hi Brad, it's a good point and I was considering that too. I guess my one
> question would be whether there are other projects that have used the
> original vs. the later version of the license, beyond ANTLR.
>
>  
>
> Since it's the ANTLR project and the ANTLR-PD license, if they're the only
> ones who have used it -- and if they're not even using it anymore for new
> versions -- personally I'd feel comfortable with adding it via markup and
> perhaps including an explanatory sentence in the Notes so that people are
> aware. Rather than adding a new separate identifier. But this is just a gut
> reaction, I don't feel especially strongly about it. Open to others'
> thoughts of course  :)
>
>  
>
> Best,
>
> Steve
>
>  
>
> On Tue, Jun 23, 2020 at 4:42 PM Brad Edmondson <brad.edmond...@gmail.com
> <mailto:brad.edmond...@gmail.com>> wrote:
>
>     Thanks Till for reporting the issue and Steve for looking into it.
>
>      
>
>     My first reaction would be that the two texts, ANTLR with additional
>     license and ANTLR without, are legally different licenses (with
>     different effects which are important for the reasons Till mentioned),
>     and should therefore be added as a new version of the ANTLR license
>     rather than added as optional matching text to the original.
>
>      
>
>     What do others think?
>
>      
>
>     Best,
>
>     Brad
>
>     --
>
>     Brad Edmondson, /Esq./
>     512-673-8782 | brad.edmond...@gmail.com <mailto:brad.edmond...@gmail.com>
>
>      
>
>      
>
>     On Tue, Jun 23, 2020 at 8:36 AM Steve Winslow
>     <swins...@linuxfoundation.org <mailto:swins...@linuxfoundation.org>> 
> wrote:
>
>         Hi Till -- taking a closer look, it seems that the language you
>         cited was added to the original ANTLR 2 license sometime later,
>         which is probably why it isn't in the license list version.
>
>          
>
>         Looking at the Wayback Machine,
>         
> http://web.archive.org/web/20130401024631/https://www.antlr2.org/license.html
>         
> <http://web.archive.org/web/20130401024631/https:/www.antlr2.org/license.html>
>         shows that at least as of April 2013 the ANTLR 2 License did not
>         include that additional paragraph. I haven't done a deeper dive yet
>         to figure out when it was subsequently added.
>
>          
>
>         Given that, I'd be inclined to add it to the ANTLR-PD markup but to
>         mark it as optional, so that it would match whether or not that
>         paragraph is present.
>
>          
>
>         Thanks,
>
>         Steve
>
>          
>
>         On Tue, Jun 23, 2020 at 8:33 AM Steve Winslow via lists.spdx.org
>         <http://lists.spdx.org> <swinslow=linuxfoundation....@lists.spdx.org
>         <mailto:linuxfoundation....@lists.spdx.org>> wrote:
>
>             Thanks for flagging this, Till. I've added an issue in the
>             license-list-XML repo to track this at
>             https://github.com/spdx/license-list-XML/issues/1056.
>
>              
>
>             I don't know the history of this one myself, but it looks like
>             that language had been omitted prior to when the license list
>             was first brought into source control (see
>             
> https://github.com/spdx/license-list-XML/commits/master/src/ANTLR-PD.xml).
>             I expect it should be added into the ANTLR-PD markup for the
>             reasons you mentioned.
>
>              
>
>             Best,
>
>             Steve
>
>              
>
>             On Tue, Jun 23, 2020 at 5:33 AM Till Jaeger via lists.spdx.org
>             <http://lists.spdx.org> <jaeger=jbb...@lists.spdx.org
>             <mailto:jbb...@lists.spdx.org>> wrote:
>
>                 Hello list,
>
>                 I just found out that there is a deviation from
>                 https://spdx.org/licenses/ANTLR-PD.html#licenseText to the
>                 linked text from
>                 http://www.antlr2.org/license.html which contains the
>                 following language:
>
>                 "In countries where the Public Domain status of the work may
>                 not be valid,
>                 the author grants a copyright licence to the general public
>                 to deal in the
>                 work without restriction and permission to sublicence
>                 derivates under the
>                 terms of any (OSI approved) Open Source licence."
>
>                 From the perspective from EU law this is an extremely
>                 important part since
>                 it makes clear that a unrestricted license is intended if PD
>                 does not work.
>                 This avoids (always disputable) interpretation of the PD text.
>
>                 Is there any reason for the omission? Could the text be added?
>
>                 Best regards,
>
>                 Till
>
>                 --
>                 Dr. Till Jaeger
>                 Certified Copyright and Media Law Attorney
>
>
>                 JBB Rechtsanwälte
>                 Jaschinski Biere Brexl Partnerschaft mbB
>                 Christinenstraße 18/19 | 10119 Berlin
>                 Tel. +49.30.443 765 0  |  Fax +49.30.443 765 22
>                 Sitz der Gesellschaft: Berlin | Registergericht AG
>                 Charlottenburg | PR 609 B
>                 www.jbb.de <http://www.jbb.de>
>
>
>
>
>             --
>
>             Steve Winslow
>             Director of Strategic Programs
>             The Linux Foundation
>
>             swins...@linuxfoundation.org <mailto:swins...@linuxfoundation.org>
>
>
>
>         --
>
>         Steve Winslow
>         Director of Strategic Programs
>         The Linux Foundation
>
>         swins...@linuxfoundation.org <mailto:swins...@linuxfoundation.org>
>
>
>
> --
>
> Steve Winslow
> Director of Strategic Programs
> The Linux Foundation
>
> swins...@linuxfoundation.org <mailto:swins...@linuxfoundation.org>
>
> 

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