Re: OpenSSL CRYPTOGAMS / golang-x-crypto license

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On Mon, Dec 4, 2023 at 1:00 PM Daniel P. Berrangé <berrange@xxxxxxxxxx> wrote:
>
> I'm looking at the package (golang-x-crypto) which has a file containing
> this header:
>
>   // Copyright 2019 The Go Authors. All rights reserved.
>   // Use of this source code is governed by a BSD-style
>   // license that can be found in the LICENSE file.
>
>   // Based on CRYPTOGAMS code with the following comment:
>   // # ====================================================================
>   // # Written by Andy Polyakov <appro@xxxxxxxxxxx> for the OpenSSL
>   // # project. The module is, however, dual licensed under OpenSSL and
>   // # CRYPTOGAMS licenses depending on where you obtain it. For further
>   // # details see http://www.openssl.org/~appro/cryptogams/.
>   // # ====================================================================
>
>
> The top level LICENSE referenced is BSD-3-Clause. The CRYPTOGAMS licenses
> appear to be a combination of BSD-2-Clause and GPL (no version) which I
> intepret as GPL-2.0 unless someone knows of a compelling reason for it to
> be considered GPL-1.0 in this case.
>
> The golang-x-crypto spec license currently declares BSD-3-Clause as its
> only license. I expect that the rational is that the first paragraph has
> claimed to re-license the original code it was derived from, so it could
> be ignored (or maybe it was simply missed during review).
>
>
> I wouldn't tend to view this as re-licensing though. To me I think that
> the derivation is keeping the original license (OpenSSL + CRYPTOGAMS) for
> existing code, and augmenting the work with new code under a compatible
> license (BSD 3-Clause).
>
> IOW, I'm inclined to think we need to include the origin license too,
> which I would interpret to be
>
>    "( OpenSSL OR BSD-2-Clause OR GPL-2.0 )"
>
> and thus the overall license as
>
>    "BSD-3-Clause AND ( OpenSSL OR BSD-2-Clause OR GPL-2.0 )"
>
> Thoughts ?

I think the BSD portion of the Cryptograms license is almost a match
to SPDX BSD-3-Clause (ignoring the reference to the GPL) except it has
"nor the names of its copyright holder and contributors" in clause 3
(rather than "nor the names of its contributors"), so an issue should
be submitted to SPDX to revise BSD-3-Clause accordingly. Assuming that
is done, I would treat the license as:

BSD-3-Clause AND (OpenSSL OR BSD-3-Clause OR GPL-2.0-or-later)

Richard
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