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

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On Wed, 17 Jan 2024 21:58:34 -0500
Richard Fontana <rfontana@xxxxxxxxxx> wrote:

> On Wed, Jan 17, 2024 at 6:15 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:
> > > > 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.
> 
> That's the license but it's not that I'm "worried" about this license
> at all (which covers very ancient code, I think from the early 1990s).
> Also, as I think I mentioned, IBM has agreed to relicense any IBM code
> under this license under the MIT license. Rather, it's an issue of
> licensing policy. This is not a free software license, at least by
> modern standards, and Fedora's policy is that 'code' must be under
> free software licenses (as determined by Fedora), though we now have a
> framework for documenting special exceptions.
> 
> > 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?
> 
> No, we didn't submit this one to SPDX because Fedora's approach is not
> to seek SPDX identifiers for licenses that are "not allowed". (I
> suspect if we had decided to allow it, SPDX would have added an
> identifier.) We have a Fedora-defined identifier,
> `LicenseRef-IBM-BIND`. However, the actual problem here is that I
> never got back to Florian Weimer about how to actually get this
> changed in glibc and it keeps slipping my mind. I think the only
> complication here is that there is currently no active contributor to
> glibc from IBM, and it would possibly be inappropriate for a non-IBMer
> to submit a patch to glibc to change a license that seems to be from
> IBM. It's really just a process issue.

IBM is still contributing to glibc, although primarily for their
hardware support, not for the common parts in glibc.


		Dan

> 
> Personally, I don't really care too much if, in the License tag, this
> is represented as 'MIT' or 'LicenseRef-IBM-BIND', except that with the
> latter it will fail rpminspect unless (I think) we document a usage
> exception.
> 
> Richard
> --
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