IBM non-free patent notice (Was: Re: SPDX Statistics - R.U.R. edition)

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Hi Richard,

On Fri, Nov 24, 2023 at 08:07:02PM +0100, Mark Wielaard wrote:
> On Mon, 2023-09-18 at 20:47 -0400, Richard Fontana wrote:
> > While the Sun RPC problem *may* have been excised from glibc, just
> > last year we found another license in glibc (and at least one other
> > package), this time an IBM license [1], that we consider non-free by
> > present day standards, in that case because it involves a patent
> > license grant that discriminates according to specific use cases. I
> > think we should aspire to finding, *exposing*, and fixing these kinds
> > of problems. Exposing should mean at a minimum that we don't
> > perpetuate a community-wide decades-old practice of covering these
> > problems up, which seems to be one practical effect of indulging in
> > effective licensing. I realize all this doesn't itself justify the
> > resulting use of complex composite SPDX expressions.
> 
> Right, I assume you are talking about the resolv code which carries a
> patent notice from IBM saying they might sue you if you use that code
> for anything else than doing DNS resolving over TCP/IP. Which is indeed
> a odd notice. Happy you found it and you are making IBM fix it. But
> IMHO it is just an unintended, license, bug in the upstream package. It
> will be fixed, so no need for some complicated license tag.

So I noticed this isn't actually fixed yet. glibc is preparing their
next release, but the code still has two notices saying:

 * To the extent it has a right to do so, IBM grants an immunity from suit
 * under its patents, if any, for the use, sale or manufacture of products to
 * the extent that such products are used for performing Domain Name System
 * dynamic updates in TCP/IP networks by means of the Software.  No immunity is
 * granted for any product per se or for any other function of any product.

Which I assume is the notice you are worried about because it isn't
clear if there are actual patents and/or if any other (implied) patent
license has been granted by IBM.

Normally I would say just remove the ineffective notice, but sadly
just above it, IBM states "all paragraphs of this notice appear in all
copies". Sigh.

So what is the correct license tag to use here? Would SPDX provide an
identifier for this?

Cheers,

Mark
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