Hi all,

Thanks for the swift replies and sharing some background information.
While I knew that some mismatches have been brought up in the past, I wanted to 
understand it myself and therefore dedicated some time and lines of code.

I appreciate the approach of documenting this in the Github repository and 
already commented on the PR where I saw questions directed at me.
It feels like a good checklist of issues both SPDX and OSI can work on to sync 
the last pieces.

Looking forward to contributing to solving the remaining mismatches.
Please let me know if you need a helping hand during the process.

Best,
Max

--
Max Mehl
Open Source Strategy & Governance
Enterprise-Team Chief Technology Office (CTO), T.IP E-T-378

DB Systel GmbH
Jürgen-Ponto-Platz 1, 60329 Frankfurt/M

Von: Spdx-legal@lists.spdx.org <Spdx-legal@lists.spdx.org> Im Auftrag von J 
Lovejoy via lists.spdx.org
Gesendet: Montag, 12. Dezember 2022 07:03
An: Richard Fontana <rfont...@redhat.com>; Max Mehl <max.m...@deutschebahn.com>
Cc: spdx-legal@lists.spdx.org
Betreff: Re: Mismatches between OSI and SPDX

Sie erhalten nicht oft eine E-Mail von 
opensource=jilayne....@lists.spdx.org<mailto:opensource=jilayne....@lists.spdx.org>.
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Hi again Max, and thanks Richard for filling in on some of this.

Max - While you are not the first person who has asked about some of these, you 
might be the first person to have done such a thorough review!

When SPDX decided that every license ever approved by the OSI should be 
included on the SPDX License List and the OSI decided to adopt use of the SPDX 
license ids in their URLs and on the license pages, it kicked off a bunch of 
work by both sides. I led that on the SPDX side and collaborated with a handful 
of OSI board members over a few years. We didn't get everything perfectly 
tidied up, so much of what you are noticing are the things that we sorted out, 
but maybe didn't get to an ideal end result.

This has made me think that this history/background would probably be a good to 
document some of these known issues because 1) digging through email archives 
is not exactly time efficient or intuitive;  2) if a few people have asked a 
similar thing, it'd probably be good to document; and 3) relying on one 
person's memory is not a sustainable model!

To that end, I've taken your list and started to create a page in the SPDX 
Legal List DOCS area to document/explain this all. This is a PR in-progress at 
this point. It will take a bit of time to get it in proper shape and merged, 
but at least it's a start! 
https://github.com/spdx/license-list-XML/pull/1738<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2Fspdx%2Flicense-list-XML%2Fpull%2F1738&data=05%7C01%7Cmax.mehl%40deutschebahn.com%7C6bf4f770def94b08f5a108dadc06876a%7Ca1a72d9c49e64f6d9af65aafa1183bfd%7C0%7C0%7C638064217849677538%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xQRRQWnof7F%2F2o5Xbo702vvSB2rrrUkNabiKuvUQc54%3D&reserved=0>

I may have a few questions for you as to what exactly you observed in your 
research and will follow-up accordingly. Stay tuned.

Thanks,
Jilayne
On 12/9/22 8:26 AM, Richard Fontana wrote:

On Fri, Dec 9, 2022 at 4:22 AM Max Mehl 
<max.m...@deutschebahn.com><mailto:max.m...@deutschebahn.com> wrote:



In my organisation, we define all licenses approved by OSI as valid Open Source 
licenses. However, we also increasingly rely on SPDX and therefore also its 
license list.



Recently, we found several mismatches between OSI's list of approved licenses 
[1] and the licenses marked as OSI-approved in SPDX's list [2].



Certainly, some of these issues are on OSI's side (e.g., misleading links or 
wrong SPDX identifiers). But most mismatches are from licenses on SPDX's list 
that cannot be found on the OSI website.



I documented my findings for all issues in this gist:



https://gist.github.com/mxmehl/1e7a3aed4ff14a8ddfd4aff8ab4de552<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgist.github.com%2Fmxmehl%2F1e7a3aed4ff14a8ddfd4aff8ab4de552&data=05%7C01%7Cmax.mehl%40deutschebahn.com%7C6bf4f770def94b08f5a108dadc06876a%7Ca1a72d9c49e64f6d9af65aafa1183bfd%7C0%7C0%7C638064217849677538%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=D8ZH1K46qCeEJ%2Fp3cAgfst3V6cfJ8eAJ%2Bfu%2F6VJMNf0%3D&reserved=0>



Now, I am sure I'm not the first who notices this. Is this a known problem?



Is the OSI website incomplete and/or SPDX list incorrect? What can we do to 
better align both sources?



[1]: 
https://opensource.org/licenses/alphabetical<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopensource.org%2Flicenses%2Falphabetical&data=05%7C01%7Cmax.mehl%40deutschebahn.com%7C6bf4f770def94b08f5a108dadc06876a%7Ca1a72d9c49e64f6d9af65aafa1183bfd%7C0%7C0%7C638064217849677538%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=k8oOdzmzkUMF%2BT8NcKbViiMafI3yaBINR3TOah9eAYU%3D&reserved=0>



[2]: 
https://github.com/spdx/license-list-data/blob/v3.19/json/licenses.json<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2Fspdx%2Flicense-list-data%2Fblob%2Fv3.19%2Fjson%2Flicenses.json&data=05%7C01%7Cmax.mehl%40deutschebahn.com%7C6bf4f770def94b08f5a108dadc06876a%7Ca1a72d9c49e64f6d9af65aafa1183bfd%7C0%7C0%7C638064217849677538%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=oTSZ7umnKynbFXO6ZagqzB2u5NuwiviMaNm%2Fux0GFNI%3D&reserved=0>



Not speaking for SPDX or OSI: To some degree this is a known problem,

and possibly viewable as not a problem in some cases. Some issues I

see embodied in your list:



1. In some cases licenses published on the OSI website are incorrect

in the sense that they do not match widely used versions of the

license text that the OSI probably intended to be the approved license

text. I think these cases have all been noticed through activity

related to creation or adoption of SPDX identifiers -- for example,

Fedora recently adopted use of SPDX identifiers for package license

metadata and early on it was noticed that the license SPDX calls

Python-2.0, which I assume is a faithful copy of the corresponding

license text from the OSI website, does not actually match the license

(or "license stack") text used in known releases of CPython, so SPDX

added Python-2.0.1 to capture the latter text. There is a similar

situation involving the Artistic License 1.0.



I think it is not reasonable to expect the OSI to have historically

applied the degree of rigor SPDX applies in associating an identifier

with a matchable license text (where "matching" is a concept that SPDX

has itself defined). This simply didn't exist in FOSS before SPDX; it

was foreign to the culture. I'm not excusing outright mistakes in

published licenses though (see e.g.

https://github.com/spdx/license-list-XML/issues/1653<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2Fspdx%2Flicense-list-XML%2Fissues%2F1653&data=05%7C01%7Cmax.mehl%40deutschebahn.com%7C6bf4f770def94b08f5a108dadc06876a%7Ca1a72d9c49e64f6d9af65aafa1183bfd%7C0%7C0%7C638064217849677538%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=DGoXB87vm0Cy4K5vyYpvbIqBmK%2Fe4fnMrC24KpW5FrQ%3D&reserved=0>).
 For submitted

licenses, I can tell you from my time on the board that OSI assumes

the license submitter has the correct text. In some cases the

"incorrect" text gets adopted by projects, at which point it is

questionable whether it is really incorrect.



2. You list some cases of 'WITH' expressions. The OSI has been

reluctant to approve license exceptions, except in a few special cases

where the exception (or exception coupled with a standard license) is

itself thought of as a single license (e.g. LGPL version 3; ec0s-2.0

is also like this). From my recollection of my time on the OSI board,

the main concern was the potential numerosity of license submissions

if the OSI encouraged submission of exceptions. There's been a

tendency to assume that typical types of GPL exceptions are legit (for

a GPL-world notion of legit) because they conform to the model of a

grant of additional permission -- I need to comment on this issue on

another recent thread.



3. The OSI website IIRC does not list (though still publishes?)

certain licenses or license versions considered by the license steward

to be deprecated. Not sure if that accounts for anything on your list.



4. Use of SPDX identifiers: Probably the main issue here today is that

an SPDX identifier gets adopted after the approval of the license by

the OSI (for most OSI-approved licenses in recent memory).



One basic issue here, which is not really acknowledged by anyone, is

that the kinds of things the OSI has been historically approving are

not the same kinds of things that SPDX assigns identifiers to. For

example, the OSI has approved a license text it calls the MIT license.

It has not approved the (infinite?) set of license texts that meet the

SPDX definition of licenses that match "MIT" (i.e., that match the

ever-evolving XML file that defines what "MIT" means). Indeed it

cannot, because the OSI cannot possibly know how SPDX might alter that

XML file in the future. Or maybe it has signalled approval of some

range of licenses that are only trivially different from the canonical

MIT license, but that undefined set may not be equivalent to the

present/future set of license texts that match to SPDX "MIT". Some

confusion has resulted from a sort of collectively forced merger of

these different concepts of "license". This looseness around what a

license is is also evident (and maybe more obvious) when considering

the "FSF-free" category.



Richard















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