Re: SPDX license when no GPL version is listed in source ?

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On Mon, Sep 18, 2023 at 02:41:29PM -0400, Richard Fontana wrote:
> On Mon, Sep 18, 2023 at 2:16 PM Daniel P. Berrangé <berrange@xxxxxxxxxx> wrote:
> >
> > Auditing the augeas project source file licenses I found a handful of
> > files where the license was not specified sufficiently clearly. I've
> > raised this upstream:
> [ . . . ]
> > For the files which merely say:
> >
> >     This file is licensed under the GPL.
> >
> > I'm not sure what the best practice is ? Can I justify "GPL-1.0-or-later"
> > in the Fedora spec on the basis that the non-version specific declaration
> > in the source could legitimately cover any GPL version ?
> 
> That seems to be the approach that the Linux kernel has generally
> taken in their conversion of source file license notices to
> SPDX-License-Identifier: strings. Obviously it's defensible on GPL
> interpretation grounds. I personally don't like it, among other
> reasons because I think in probably most of these cases the author
> must not have meant to encompass GPLv1 in the license grant, since
> GPLv1 became rapidly obsolete after the introduction of GPLv2 (unlike
> the situation with the introduction of GPLv3). This is pretty
> obvioiusly the case for the kernel, which did not adopt the GPL until
> (shortly) after the introduction of GPLv2 and which AFAIK always had a
> copy of GPLv2, but not GPLv1, in the source code. There might be some
> rare exceptions for GPL code copied into the kernel that originated
> with pre-Linux projects.

I do tend to agree with your thoughts wrt the GPLv1. I think in my
whole career I've only come across individual files licensed under
the GPLv1 a handful of times. With that in mind it would seem more
natural to treat unspecified version as 2.0-or-later, given that
will be the 99.99% common case.  Ultimtely this is for the upstream
project to resolve, if we indicate GPL-2.0-or-later in the Fedora
spec we're not causing a license problem, just giving our best
interpretation of the fuzzy situation.

With regards,
Daniel
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