Hi Till,

Regarding the Unicode Terms of Use: since there is a new and substantively
different set of terms at https://www.unicode.org/copyright.html, I agree
it would be appropriate to add them to the SPDX License List as a new
identifier. I would probably propose `Unicode-TOU-2023` as the identifier.
I've added an issue at https://github.com/spdx/license-list-XML/issues/1851
for the community to weigh in on adding it.

For the existing `Unicode-TOU` identifier, we don't change or remove
identifiers from the list, so I think that identifier would still remain
present no matter what. But there are two changes that could be considered
(I've added an issue at https://github.com/spdx/license-list-XML/issues/1852
for community input):

1. whether to change the "Full name" (which shows up in e.g. the left-hand
column at https://spdx.org/licenses) to "Unicode Terms of Use - 2014";
and/or
2. whether to deprecate the `Unicode-TOU` identifier altogether, and add a
corresponding `Unicode-TOU-2014` with identical content.

I'm in favor of step 1 either way. For step 2, I am on the fence and
interested in what others have to say. This would keep `Unicode-TOU` as a
valid identifier with the same text, but would mark it as "deprecated" and
move it to the bottom part of the list; and would provide
`Unicode-TOU-2014` as a versioned alternative for folks to use.

To be clear, in either case this would _not_ result in removing
`Unicode-TOU` as a valid identifier. Even if it's deprecated, it would
still be present on the License List, as we do not remove existing
identifiers. But deprecating it and adding a new `Unicode-TOU-2014`
alternative might help alleviate the issues you're seeing.

Also, I would _not_ be in favor of removing
https://www.unicode.org/copyright.html from the "other URLs" list for
either identifier. Even if it does not point to the corresponding text
today, if someone is using content from 2014 under the old license text,
then relying solely on that URL as embodied in the content would also lead
to a wrong conclusion if only the current version had the URL associated
with it. Any sort of dependence on listed URLs to be accurate for license
detection is going to fail in particular cases, and as a policy matter I
believe we've taken the position that "other URLs" will not be modified
based on evolving content. (*Jilayne* or others who may have historical
knowledge here, please feel free to jump in if I'm off-base!)

The URL https://www.unicode.org/copyright.html would of course still be
appropriate to add also to the new Unicode-TOU-2023 entry.

Finally, for the Unicode Data Files and Software license, from the
comparison you shared it looks like the only differences between
https://www.unicode.org/license.txt and Unicode-DFS-2016 might be in
omitable (blue) or replaceable (red) text. With the exception being the
inclusion of the URL after "See Terms of Use" at the very beginning. I
would be more inclined to add that URL as additional "omitable" text for
Unicode-DFS-2016, rather than create a separate license identifier for it.
But I've added an issue at
https://github.com/spdx/license-list-XML/issues/1853 for folks to weigh in
on this one as well.

Best,
Steve

On Tue, Feb 21, 2023 at 7:27 PM Till Jaeger <jae...@jbb.de> wrote:

> Hi Steve,
>
> Thanks for looking into this issue. I have a few additional remarks below:
> Am 21.02.23 um 20:55 schrieb Steve Winslow:
>
> Whoops -- accidentally just sent this to Till, re-sending to the full list:
>
> = = = = =
>
> Hi Till, please see my thoughts inline below:
>
> On Tue, Feb 21, 2023 at 2:19 PM Till Jaeger via lists.spdx.org <jaeger=
> jbb...@lists.spdx.org> wrote:
>
>> Dear all,
>>
>> Sorry to bring this up again.
>>
>> 1.
>> I suggest to correct the information on
>> https://spdx.org/licenses/Unicode-TOU.html
>>
>> The link provided under "Other web pages for this license" points to a
>> different text (http://www.unicode.org/copyright.html) than the one at
>> https://spdx.org/licenses/Unicode-TOU.html.
>>
>
> [*SDW*] From a quick search on the Internet Archive, that URL appears to
> have been the correct URL for that version of the website text at one point
> in time (at least as of July 2014:
> http://web.archive.org/web/20140704074106/http://www.unicode.org/copyright.html
> ).
>
> The purpose of the "other URLs" section of each license is _not_ to be a
> now-current source for that license text, but rather to include URLs which
> may have been a source for it in the past (as they may be useful for
> scanning tools, human review, etc. when finding URLs embedded in source
> code). We don't remove inactive or no-longer-valid URLs because they may
> remain useful for identification purposes -- see
> https://github.com/spdx/license-list-XML/blob/main/DOCS/license-fields.md 
> (section
> C) for one place where this is mentioned.
>
> Well, there are several cases in which there is an indication that an URL
> does not work anymore (e.g. https://spdx.org/licenses/OSL-2.1.html).
>
> But I think that a link to a webpage with a _different_ license text is
> even worse than a dead link.
>
>
>
>>
>> It should be stated that the link points to a newer version of the TOU.
>>
>>
> [*SDW*] This could perhaps be added to the "Notes" for the Unicode-TOU
> license, but I'm a little hesitant to do so. For the reasons mentioned
> above, any of the "other URLs" for any license on the SPDX license list may
> be incorrect, and I don't think we go through to regularly re-confirm that
> any of them match the present text.
>
> I have a feeling that I did not do a good enough job of explaining the
> problem.
>
> The situation that we face when doing FOSS license compliance is the
> following:
>
> 1.
>
> License scanners detect files as the following:
>
> https://www.unicode.org/Public/emoji/15.0/emoji-sequences.txt
>
> 2.
>
> The license information is "For terms of use, see
> https://www.unicode.org/terms_of_use.html";.
>
> 3.
>
> Most license scanners conclude "Unicode-TOU".
>
> 4.
>
> Many companies have license checklists or internal assessments based on
> SPDX identifiers and such internal analysis is based on the text of
> https://spdx.org/licenses/Unicode-TOU.html instead of the current text of
> https://www.unicode.org/terms_of_use.html. This increases the risk to
> work with the wrong license text. Furthermore, I know many companies
> creating license documentation by using template license texts from SPDX
> instead of the original license text of the source.
>
> 5.
>
> Files such as
> https://www.unicode.org/Public/emoji/15.0/emoji-sequences.txt may have
> been licensed under the Unicode TOU at some point. But newer versions of
> the files at https://www.unicode.org/Public/ will no longer be licensed
> under the (deprecated) text at https://spdx.org/licenses/Unicode-TOU.html
> in the future, and incorrect license text may be used.
>
> 6.
>
> There is no SPDX identifier for the current version of the Unicode TOU at
> http://www.unicode.org/copyright.html, even though the vast majority of
> Unicode files reference it. This makes the job of compliance officers
> working with SPDX much more difficult. This is the reason why I think that
> a new identifier would be helpful (and/or we should clarify that the text
> on https://spdx.org/licenses/Unicode-TOU.html does not match with the
> current TOU on https://www.unicode.org/terms_of_use.html).
>
>
>
>> Follow-up issue: Unicode files refer to
>> http://www.unicode.org/copyright.html,i.e. as the most recent version of
>> the text provided on that site (a kind of dynamic reference). So people
>> may be confused if they take the text from the Unicode TOU instead of
>> the most recent text. Any suggestions on how to deal with this problem?
>>
>>
> [*SDW*] I think this is a recurring issue when license stewards reuse old
> URLs to change the text of a license.
> https://www.gnu.org/licenses/gpl.html used to point to GPL-2.0 (see
> http://web.archive.org/web/20030207060604/https://www.gnu.org/licenses/gpl.html)
> until it later pointed to GPL-3.0 (see
> http://web.archive.org/web/20100210183622/https://www.gnu.org/licenses/gpl.html).
> That URL can show up in source code with the author's intent of it having
> referred to either version. No matter how we handle URLs on the SPDX
> License List, URLs at most _may_ be helpful for identifying a license, but
> frequently aren't going to be solely reliable in plenty of cases.
>
> I agree. Despite this, or perhaps because of it, obsolete URLs should not
> be used. As you say yourself: https://spdx.org/licenses/GPL-2.0-only.html
> no longer references https://www.gnu.org/licenses/gpl.html, even though
> GPL-2.0 was once available there.
>
>
>
>> 2.
>> I suggest to correct the information on
>> https://spdx.org/licenses/Unicode-DFS-2016.html
>>
>> The link provided under "Other web pages for this license" points to the
>> TOU instead of the "UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND
>> SOFTWARE.
>>
>
> [*SDW*] The "other URLs" link currently listed there --
> http://www.unicode.org/copyright.html -- appear to have previously been a
> source for finding the Unicode-DFS-2016 license text.
> http://www.unicode.org/copyright.html as of August 2016 (
> http://web.archive.org/web/20160823201924/http://www.unicode.org/copyright.html)
> appears to have had Unicode-DFS-2016 as the license text in Exhibit 1 on
> that page.
>
> This is correct. However, the current text at
> http://www.unicode.org/copyright.html refers to
> https://www.unicode.org/license.txt, which is not Unicode-DFS-2016. The
> license text https://www.unicode.org/license.txt has no SPDX identifier,
> even though most Unicode files are licensed under this license.
>
>
>
>>
>> It should be stated that a newer version of this agreement is available
>> at https://www.unicode.org/license.txt.
>>
>
> [*SDW*] From a quick look, that does appear to be a valid URL containing
> the text for Unicode-DFS-2016 (though I haven't checked carefully to
> confirm it's a match). Assuming it is, I agree that
> https://www.unicode.org/license.txt could be added as an additional
> "other URL" for it.
>
> It does not fully match. The first paragraph is different:
>
> Current version:
>
> See Terms of Use <https://www.unicode.org/copyright.html> 
> <https://www.unicode.org/copyright.html>
> for definitions of Unicode Inc.’s Data Files and Software.
>
> Unicode-DFS-2016:See Terms of Use for definitions of Unicode Inc.'s Data 
> Files and Software.
> Unicode Data Files include all data files under the directories
>          http://www.unicode.org/Public/,
>          http://www.unicode.org/reports/,
>          http://www.unicode.org/cldr/data/,
>          http://source.icu-project.org/repos/icu/,
>                  http://www.unicode.org/ivd/data/, and
>          http://www.unicode.org/utility/trac/browser/.
> Unicode Data Files do not include PDF online code charts under the directory 
> http://www.unicode.org/Public/.
> Software includes any source code published in the Unicode
>          Standard or under the directories
>          http://www.unicode.org/Public/,
>          http://www.unicode.org/reports/,
>          http://www.unicode.org/cldr/data/,
>          http://source.icu-project.org/repos/icu/, and
>                 http://www.unicode.org/utility/trac/browser/.
>
> Please find attached a comparison.
>
> Do you have a solution in mind?
>
> Best,
> Till
>
>
>
>>
>> I see the problem with dynamic references on websites but SPDX shouldn't
>> incorrect links. Of course, it would be nice to have SPDX identifiers
>> for the most recent versions of the TOU and Unicode-DFS.
>>
>> Best,
>>
>> Till
>>
>>
>>
>>
>>
>> Am 31.10.22 um 12:20 schrieb Till Jaeger via lists.spdx.org:
>> > Dear all,
>> >
>> > I'm wondering why https://spdx.org/licenses/Unicode-TOU.html is (still)
>> > part of the license list. Could it be deprecated?
>> >
>> > 1.
>> > First of all, the current text of the "Unicode® Copyright and Terms of
>> > Use" is quite different from the text which is referenced at
>> > https://spdx.org/licenses/Unicode-TOU.html (SPDX License Diff is very
>> > helpful to show the differences - thanks again to Alan Tse).
>> >
>> > 2.
>> > Sec. C.3 of the current version refers to the "Unicode Data Files and
>> > Software License":
>> >
>> > "Further specifications of rights and restrictions pertaining to the use
>> > of the Unicode DATA FILES and SOFTWARE can be found in the Unicode Data
>> > Files and Software License."
>> >
>> > The "Unicode Data Files and Software License"
>> > (https://www.unicode.org/license.txt) is similar but not identical to
>> > "https://spdx.org/licenses/Unicode-DFS-2016.html";.
>> >
>> > 3.
>> > To me it seems that the "Unicode® Copyright and Terms of Use" are more
>> > or less ToU for a website and all redistributables are under
>> "Unicode-DFS".
>> >
>> > 4.
>> > Unicode modifies the "year" within the copyright notice from year to
>> > year. The "Unicode Data Files and Software License" provides as follows:
>> >
>> > "this copyright and permission notice appear with all copies
>> > of the Data Files or Software"
>> >
>> > Would this require to identify in which year the data and/or software
>> > was copied from the Unicode website to use the license text with the
>> > correct year? Would it be sufficient to use the most recent version of
>> > the license text? Should this be reflected in the SPDX identifier?
>> >
>> >
>> > Is there anybody with more background information who can give some
>> > assistance?
>> >
>> > Best regards,
>> >
>> > Till
>> >
>> >
>> >
>> >
>> >
>> >
>> >
>>
>>
>> 
>>
>>
>>


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