Re: CC0 license of dlmalloc in sgx-sdk package review

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Does anyone have feedback on this license review questionmark

On Tue, Aug 29, 2023 at 12:11:38PM +0100, Daniel P. Berrangé wrote:
> Hi Legal
> 
> The 'sgx-sdk' package is currently open for review  with a view to
> adding to Fedora:
> 
>    https://bugzilla.redhat.com/show_bug.cgi?id=2085444
> 
> One of the last stumbling blocks is that it includes a copy of the
> "dlmalloc" code under the CC0 license, which is now a forbidden
> code license for packages being newly added to Fedora.
> 
> The authors of sgx-sdk have contacted the original author of
> dlmalloc, and he apparently suggested that since CC0 is a public
> domain license, they can just add a second license header of their
> choosing to the source files and Fedora can then ignore the orignial
> CC0 license.
> 
> This smells fishy to me, as I can't come with rationale for why
> adding a second "BSD" license header to the source file and justify
> Fedora ignoring the original CC0. The original code would still
> explicitly not have a patent grant, and an extra license doesn't
> seem to alter that fact.
> 
> It was pointed out that this approach has already been taken by
> OpenJDK, where they took CC0 code and added a GPL-v2-only header:
> 
>   https://github.com/openjdk/jdk/blob/master/src/java.base/share/classes/java/util/concurrent/AbstractExecutorService.java
> 
> OpenJDK though would be grandfathered in, since it existed in
> Fedora before CC0 was forbidden, so I'm not sure that can be
> relied on as a precedent.
> 
> I am not a lawyer, so I want an expert opinion on this suggestion
> that adding a 2nd license header allows Fedora to ignore the
> original CC0 license. If it is true, then it would appear to
> make the whole exercise of banning CC0 effectively pointless.
> 
> 
> I had also suggested downgrading to an older version of dlmalloc
> which had the CC Public Domain license, rather than CC0, but the
> sgx-sdk maintainers rejected that as they're concerned it has
> security relevant flaws.
> 
> With regards,
> Daniel
> -- 
> |: https://berrange.com      -o-    https://www.flickr.com/photos/dberrange :|
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With regards,
Daniel
-- 
|: https://berrange.com      -o-    https://www.flickr.com/photos/dberrange :|
|: https://libvirt.org         -o-            https://fstop138.berrange.com :|
|: https://entangle-photo.org    -o-    https://www.instagram.com/dberrange :|
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