Re: NTP license question

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On 06/28/2018 01:47 PM, Florian Weimer wrote:
> I believe the declaration of this license as GPL-compatible is
> inconsistent with this:

You're correct. The "RSA" license in that copy of pkcs11.h [1] is
possibly GPL-incompatible. I'm going to remove the assertion from the
Fedora licensing list that it is compatible and leave it as unclear.

However, it looks like RSA handed pkcs11 over to OASIS in 2012, and
OASIS released new versions of those headers in 2016.

http://docs.oasis-open.org/pkcs11/pkcs11-base/v2.40/errata01/os/include/pkcs11-v2.40/

Those headers are not under the RSA license, they're under a different
license:

  Distributed under the terms of the OASIS IPR Policy,
  [http://www.oasis-open.org/policies-guidelines/ipr], AS-IS, WITHOUT
  ANY IMPLIED OR EXPRESS WARRANTY; there is no warranty of
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NONINFRINGEMENT
  of the rights of others.

Which is clear as mud, but I believe this is the license:

  Copyright © OASIS Open 2016. All Rights Reserved.

  All capitalized terms in the following text have the meanings assigned
  to them in the OASIS Intellectual Property Rights Policy (the "OASIS
  IPR Policy"). The full Policy may be found at the OASIS website:
  [http://www.oasis-open.org/policies-guidelines/ipr]

  This document and translations of it may be copied and furnished to
  others, and derivative works that comment on or otherwise explain it
  or assist in its implementation may be prepared, copied, published,
  and distributed, in whole or in part, without restriction of any kind,
  provided that the above copyright notice and this section are included
  on all such copies and derivative works. However, this document itself
  may not be modified in any way, including by removing the copyright
  notice or references to OASIS, except as needed for the purpose of
  developing any document or deliverable produced by an OASIS Technical
  Committee (in which case the rules applicable to copyrights, as set
  forth in the OASIS IPR Policy, must be followed) or as required to
  translate it into languages other than English.

  The limited permissions granted above are perpetual and will not be
  revoked by OASIS or its successors or assigns.

  This document and the information contained herein is provided on an
  "AS IS" basis and OASIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
  INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
  INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY
  IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
  PURPOSE. OASIS AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT,
  INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF
  THIS DOCUMENT OR ANY PART THEREOF.

*****

That OASIS license is non-free, because it has restrictions on
modification. Which means that using these newer files is not an option.

Assuming that the pkcs11 headers (under the old RSA license) are
GPL-incompatible, due to the "advertising" clause, and that this is a
problem, the potential resolutions I can see are:

1) Since OASIS was given the copyright to the pkcs11 headers from RSA,
they could waive the "advertising" clause in the old headers, which
would make them clearly GPL-compatible.

2) OASIS could modify their IPR to make it clear that software released
by OASIS is not subject to the restrictions on modification that their
standards documents are. (My gut is that this is unlikely.)

3) The OASIS PKCS 11 Technical Committee could re-release the headers
(any version) under a known Open Source license. See:
https://www.oasis-open.org/resources/open-repositories/licenses

I've CC'd Robert Relyea here, as he is listed as a chair of that
committee. Robert, if you can assist us here, it would be greatly
appreciated.

~tom

1:
http://hg.openjdk.java.net/jdk/jdk/file/cf09f0b56efd/src/jdk.crypto.cryptoki/share/native/libj2pkcs11/pkcs11.h
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