[Fedora-legal-list] Re: Review and Guidance needed - licenses transforming based on time

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On Wed, Jul 17, 2024 at 8:27 AM Michal Schorm <mschorm@xxxxxxxxxx> wrote:
>
> I forgot to mention that the center of my question was about the
> second stage of the license - once it reaches the condition to
> transform to a free license, whether it is absolutely fine to add the
> software to Fedora under that specific free license, or whether there
> is any specific point of view the Fedora Legal team holds, or other
> specific requirements how to list the license correctly.
>
> On the other hand, Fedora package maintainers shouldn't try to guess
> the resulting license(s) that applies to the user, they should only
> list the licenses of the contents of the binary rpm.
> In this case, assuming that the license already transformed to the
> free one might be the guessing package maintainer shouldn't do.
>
> And as Daniel showed,
>
> On Wed, Jul 17, 2024 at 1:45 PM Daniel P. Berrangé <berrange@xxxxxxxxxx> wrote:
> > BUSL-1.1 is already listed as 'not-allowed' in Fedora:
> >
> >   https://docs.fedoraproject.org/en-US/legal/not-allowed-licenses/
> >   https://gitlab.com/fedora/legal/fedora-license-data/-/blob/main/data/BUSL-1.1.toml
> >
> > For the time window that the code is under BUSL-1.1, it is non-free.
> >
> > When the timeout in BUSL-1.1 triggers, the BUSL-1.1 ceases to apply
> > to the code. The code becomes covered by GPL-2.0. IIUC, after that
> > point in time, it would be allowed in Fedora but being listed as
> > GPL-2.0-or-later in the spec, rather than BUSL-1.1.
>
> the software clearly can't be added to Fedora before the
> transformation, yet it's still unclear to me if, and how, it would be
> possible after the transformation.
>
> Michal
>
> --
>
> Michal Schorm
> Software Engineer
> Core Services - Databases Team
> Red Hat
>
> --
>
> On Wed, Jul 17, 2024 at 1:45 PM Daniel P. Berrangé <berrange@xxxxxxxxxx> wrote:
> >
> > On Wed, Jul 17, 2024 at 01:33:01PM +0200, Michal Schorm wrote:
> > > Hello,
> > >
> > > I'd like a review of 'MariaDB Business Source License (BSL)'.
> > > Here is a specific instance of the license:
> > >   https://github.com/mariadb-corporation/MaxScale/blob/24.02/licenses/LICENSE2106.TXT
> > > Here is FAQ about it:
> > >   https://mariadb.com/bsl-faq-mariadb/
> > >
> > > TL;DR:
> > > the license says it's non-free, but it becomes free (GPL in this case)
> > > after a specific time.
> > >
> > > --
> >
> > BUSL-1.1 is already listed as 'not-allowed' in Fedora:
> >
> >   https://docs.fedoraproject.org/en-US/legal/not-allowed-licenses/
> >   https://gitlab.com/fedora/legal/fedora-license-data/-/blob/main/data/BUSL-1.1.toml
> >
> > For the time window that the code is under BUSL-1.1, it is non-free.
> >
> > When the timeout in BUSL-1.1 triggers, the BUSL-1.1 ceases to apply
> > to the code. The code becomes covered by GPL-2.0. IIUC, after that
> > point in time, it would be allowed in Fedora but being listed as
> > GPL-2.0-or-later in the spec, rather than BUSL-1.1.
> >
> > IOW, it would all depend on the date listed in the license for the
> > specific version you want to add to Fedora.
> >
> > > Apart from this specific case, I'd like to hear your guidance in
> > > similar cases in general - whether they are mostly accepted or rather
> > > avoided (by Fedora), as more licenses with this idea exists, e.g.:
> > > https://github.com/getsentry/sentry/blob/master/LICENSE.md
> >
> > I'd assume the precedent set by denying BUSL is followed for
> > licenses with similar conceptual rules.
> >

I wonder if SPDX needs to grow an "as" conjunction for this case.
Automatic license conversion is a relatively new concept that doesn't
generally exist in FOSS licenses (except the MPL-2.0's rarely used GNU
license conversion clause), but non-free licenses converting to FOSS
licenses have been a thing for a few years now. Now we're starting to
see stuff "convert", we probably want a way to express that?




--
真実はいつも一つ!/ Always, there's only one truth!
-- 
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