Re: Using the GPL as MPL Secondary license (Was: [Fedora-legal-list] Re: SPDX Statistics - R.U.R. edition)

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On Wed, Jan 17, 2024 at 6:57 PM Mark Wielaard <mark@xxxxxxxxx> wrote:
>
> 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:
> > > On Sun, Sep 17, 2023 at 11:37 AM Mark Wielaard <mark@xxxxxxxxx> wrote:
> > > > Likewise for valgrind we have examples of the above. For example the
> > > > dhat tool which have a GPLv2+ copyright and license header, but also
> > > > say:
> > > >
> > > > /*
> > > >    Parts of this file are derived from Firefox, copyright Mozilla Foundation,
> > > >    and may be redistributed under the terms of the Mozilla Public License
> > > >    Version 2.0, as well as under the license of this project.  A copy of the
> > > >    Mozilla Public License Version 2.0 is available at at
> > > >    https://www.mozilla.org/en-US/MPL/2.0/.
> > > > */
> > > >
> > > > Again, although there is a reference to MPLv2 here, the code is only
> > > > available under GPLv2+.
> > >
> > > But that notice literally says there is code available under MPL 2.0.
> > >
> > > If the notice is incorrect, that is a bug that should be fixed
> > > upstream. But a mere conflict with a project's conception of what its
> > > effective license is would not mean that the license notice is
> > > incorrect.
> >
> > In the case of relicensing MPLv2 to GPLv2+ you could indeed argue that
> > no notice at all should remain in the source file to the MPLv2. The
> > MPLv2 does indeed require you remove all MPL notices when converting a
> > source file to the GPL. But again I consider it rude to not even
> > mention the origin of the source code and provide a (historical)
> > reference.
>
> So in the above case, what would be your advice? Should upstream
> change that notice that tells the user the original code (over there)
> is also available under the MPL, but that this derived version is only
> distributed under the GPL? Or should they just completely remove the
> reference to the original MPL code?

What MPL-2.0 actually says on this (if I'm understanding the situation
correctly) is:

"You may create and distribute a Larger Work under terms of Your
choice, provided that You also comply with the requirements of this
License for the Covered Software. If the Larger Work is a combination
of Covered Software with a work governed by one or more Secondary
Licenses, and the Covered Software is not Incompatible With Secondary
Licenses, this License permits You to additionally distribute such
Covered Software under the terms of such Secondary License(s), so that
the recipient of the Larger Work may, at their option, further
distribute the Covered Software under the terms of either this License
or such Secondary License(s)."

If dhat is the 'Larger Work' here (caveat, I haven't actually looked
at dhat and I don't know what it actually copies from Firefox source
code), what MPL seems to be saying is that the original creator of
dhat has to provide the choice of licenses to their recipients. I seem
to remember telling Luis Villa that I found this a little puzzling
when I first looked at it but that was many years ago now.

> I assume the License tag in the above case would simply be
> GPL-2.0-or-later without any mention of the MPL?

Given the wording of that notice, plus the underlying compliance issue
noted above, I think the License tag should include `(GPL-2.0-or-later
OR MPL-2.0)`.

Richard
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