Re: Boolean logic in license

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On Wed, Jan 12, 2022 at 12:22 PM Jilayne Lovejoy <jlovejoy@xxxxxxxxxx> wrote:
>
> I think a few things got lost in translation - let me clarify. I also
> just went back and read this entire thread again, as I was only trying
> to reflect the things stated as either status quo (to then explicitly
> document) or clarification on things where there is sort of a status quo
> but may be some inconsistency (to take away inconsistency or questions
> for package maintainers). :)
>
> On 1/11/22 9:17 PM, Richard Fontana wrote:
> > On Tue, Jan 11, 2022 at 10:49 PM Jilayne Lovejoy <jlovejoy@xxxxxxxxxx> wrote:
> >
> >> So, I have just made another commit to the license packaging guidelines to update the sections on dual-licensing, multiple licenses and use of "with" for license exception over here: https://pagure.io/packaging-committee/pull-request/1142
> >>
> >> In light of this thread, I'd suggest we update the first sentence of the Dual Licensing section to say, "If your package is dual licensed under a choice of two (or three, etc.) licenses and both licenses are "good" for Fedora, the License: field must reflect this by using "OR" as a separator. "
> Note - this is a slight amendment to the current guidelines under the
> Dual Licensing section to explicitly state that if both licenses are
> "good" to pass along the choice which it seemed everyone on the thread
> agreed should be the case and is the common practice.
> >> and add the following to the Dual Licensing section:
> >>
> >> "If your package is licensed under a choice of two licenses and one is a "good" license and one is a "bad" license, then the License: field must reflect the "good" license only contain a comment explaining the original choice.
> Note - the Multiple Licensing Scenarios -
> https://docs.fedoraproject.org/en-US/packaging-guidelines/LicensingGuidelines/#_multiple_licensing_scenarios
> in the packaging guidelines requires a comment for these scenarios and
> gives some examples. So, I thought it would be consistent to use a
> similar approach in the "Good or Bad" dual licensing section and copied
> one of the examples of how to comment.
> >>
> >> Example: Package dbfoo is dual licensed under Affero General Public License v3 or Server Side Public License and Fedora considers the Server Side Public License as "bad". Note the choice in a comment above the License: field and the License field as follows:
> >>
> >> # The upstream package license is: AGPL-3.0-or-later OR SSPL-1.0
> >> License: AGPL-3.0-or-later
> > I don't think this is a good idea. Obviously if a packager wants to
> > put in such a comment they can, but I don't think this should be
> > required or even recommended for the following reasons:
> See comment above
> >
> > First, it arguably creates more work for the packager to analyze
> > licenses. Maybe in some cases this is work that the packager would be
> > doing already, I realize. (For example, encountering SSPL-1.0, in your
> > hypothetical, and verifying that it actually is a match to SPDX
> > SSPL-1.0.)
> I did not mean to imply that SPDX identifiers had to be used in the
> comment whatsoever, so we can simply change the example to something
> like the following (which would be consistent with other examples in the
> Multiple Licensing Scenarios examples):
>
> # The upstream package license is: Affero General Public License v3 or
> later or Server Side Public License
> License: AGPL-3.0-or-later
>
> or we could add another example like:
>
> # The upstream package license is: GNU General Public License v2 or
> later or a commercial license
> License:  GPL-2.0-or-later

OK, so as to these examples -- I don't like the AGPL|SSPL one because
it's not realistic (I don't believe it is known to have occurred in
the real world, unlike the GPL|Artistic cases and so forth).

For the other example: If you change "commercial license" to
"proprietary license" (there's a long history of semi-justifiable
objections to the term "commercial license" as an antonym to open
source/free software license in FOSS), the problem here is that it too
is not necessarily a real world case of the sort we're talking about
here. It is pretty common for purportedly-single-licensor GPL projects
to say informally something like "If you find the GPL problematic, you
can write to me for an alternative commercial [yes, they might say
commercial] license". But historically Fedora has just paid no
attention to that sort of statement for licensing purposes -- it's
just background noise. (More worrisome might be such a statement
coupled with a reinterpretation of the GPL, e.g. "If you want to use
this project commercially, contact me for alternative licensing
options". But this doesn't go to the problem of license description in
the spec file at all, but rather whether the license is "really" the
GPL.)

What we don't usually see is a project repository where you have
LICENSE.GPL and LICENSE.PROPRIETARY, in a context suggesting that the
operative terms are a disjunctive dual license consisting of the two.
I believe this is sufficiently uncommon that we shouldn't worry about
this case.

To put it another way, I can't think of any real-world disjunctive
dual license involving a (likely) "bad" license other than the Perl
module case (where of course it is really common). If it's so unusual,
why should the guidelines address it at all? Or if the only likely
example is the Perl one, then the guidelines should only use the Perl
(GPL/Artistic) example.

> I think we could also add the word "known" to the guideline so it reads:
>
> "If your package is licensed under a _known_ choice of two licenses and one is a "good" license and one is a "bad" license, then the License: field must reflect the "good" license only contain a comment explaining the original choice."

So thinking more about this, I think if we say anything about this, it
should be specific to the Perl case, until someone encounters a
counterexample.

We could say:

"
If your package is licensed under a known choice of two licenses and
one is a "good" license and one is a "bad" license, then the License:
field must reflect the "good" license only. This is highly uncommon in
Fedora packages apart from the case of Perl modules dual licensed
under the GPL and the Artistic License 1.0. In that case you must pick
the appropriate identifier for the GPL side (which in Perl modules
will typically map to SPDX "GPL-1.0-or-later"). You are encouraged to
include a comment memorializing this, for example:
# Upstream project is dual licensed GPL | Artistic 1.0
"
(I can explain why I don't think SPDX identifiers should be used in
the example comment.)

However, I don't see why we should go to all this trouble if it is
reasonably likely that in the one case where this problem is known to
occur it might go away by revisiting Fedora's classification of the
Artistic License 1.0 (in its various forms) as "bad".

> Other posts on the mailing thread suggested a more complex notation in the actual License field, but that seems to risk breaking some checks or something (see David's response) and then runs into the problem you expressed re: using SPDX identifiers in the License: field. But if it's merely a comment, it's more flexible and yet the info if there for anyone who cares downstream or is wondering why the License field reflects just the one license and not the choice.

One thing that bothers me is, this is creating a new requirement that
didn't exist before. It didn't exist in the Perl module case because
Perl modules got "special treatment".

The question is, who cares downstream? I don't think this matters to
Red Hat, to take one Fedora downstream. I would be interested in
knowing whether there are Fedora community members (including folks
who might be at Red Hat) who would like there to be a requirement that
spec files document probably-rare (outside of the Perl module case)
situations where, by application of Fedora policy, an upstream dual
license disjunct is not selected. If anyone is really that interested
they should be analyzing the source code.

The source code of these packages will in most cases I can imagine
still have all the information about the upstream dual license. For
example, under the new rule, a Fedora Perl module package might have
"License: GPL-1.0-or-later OR Artistic-1.0", but the source tarball in
the source RPM, at least, will have a copy of the Artistic license or
source file license notices that state the dual license or however the
dual license is indicated upstream (let's ignore the actual common
usage of the horrible "Licensed under the same terms as Perl itself").
So to the really curious person no information is lost. I don't think
anyone has ever suggested that the "bad" license in these cases should
be stripped out.

> Documenting this explicitly also sets expectations downstream as well that Fedora is not going to pass along the option to redistribute a package under a license considered "bad" by Fedora.

 We're already basically saying this -- even today, the only thing
that is confusing is the "special treatment" given to Perl modules. It
just doesn't seem important enough to mandate a new requirement. I
just think these guidelines need to spring from and relate to real
world scenarios.

I forget whether I said this in this thread, but if we require
documentation for this case, why don't we require it for all cases in
which the packager makes some simplification or reduction in
complexity of the license expression. I am not sure we want to mandate
that, though we might want to encourage it. My impression is very few
spec files today contain comments of that sort.

Richard
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