+1 to Richard!

-----Original Message-----
From: Spdx-legal@lists.spdx.org <Spdx-legal@lists.spdx.org> On Behalf Of 
Richard Fontana
Sent: Tuesday, January 24, 2023 3:30 PM
To: SPDX-legal <spdx-legal@lists.spdx.org>
Subject: SPDX should take a stronger stance against vanity/promotional licenses

As I've been following the issue queue for 
github.com/spdx/license-list-XML/issues over the past several months, it seems 
to me that you get a significant number of license submissions like this latest 
one:
https://github.com/spdx/license-list-XML/issues/1790

The pattern is, someone has drafted their own license, it either isn't being 
used at all in the real world or it is being used for a few insignificant 
projects of the license author. In some cases the license seems to be connected 
to some contemplated commercial activity of the license submitter. Presumably 
SPDX license list inclusion is seen as a way of legitimizing or popularizing 
the novel license. I am quite familiar with this sort of phenomenon from my 
past involvement with the OSI, where the nature of the OSI process as it was 
historically defined seemed to unintentionally result in many license 
submissions of this sort.

When I look at the SPDX license inclusion guidelines, I am concerned that this 
sort of behavior is not sufficiently discouraged. The guidelines say "The 
license has actual, substantial use such that it is likely to be encountered. 
Substantial use may be demonstrated via use in many projects, or in one or a 
few significant projects. For new licenses, there are definitive plans for the 
license to be used in one or a few significant projects."
But this is not one of the "definitive" factors and it is the third of a list 
of non-definitive factors that are given "roughly in order of importance". 
Someone might understandably conclude that "substantial use" isn't too 
important to SPDX.

My main criticism of the SPDX license list from years ago was that it was not 
representative of the makeup of the FOSS project world that I was seeing in 
Linux distribution packages and other software I encountered in my work. I have 
been engaged in trying to get the SPDX license list to more accurately reflect 
the state of widely-used FOSS today and it is frustrating to see repeated 
examples of vanity license submissions. I suggest that the license inclusion 
principles should be revised to elevate and perhaps strengthen the "substantial 
use"
requirement and the maintainers of license-list-XML should more actively make 
clear that such licenses are generally inappropriate for the SPDX license list.

Richard








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