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

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

 



On Wed, Jul 17, 2024 at 09:45:22AM -0400, Richard Fontana wrote:
> On Wed, Jul 17, 2024 at 7:33 AM Michal Schorm <mschorm@xxxxxxxxxx> 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.
> >
> > --
> >
> > 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
> 
> As noted, BUSL-1.1 is already not allowed. The only other distantly
> conceptually related license that has been considered by Fedora AFAIK
> is the historically significant, but largely unused, license formerly
> known as the Transitive Grace Period Public License, which was
> classified as "good" under the Callaway system. However, TGPPL is
> quite different from BUSL in that it is a copyleft license (OSL
> derivative I believe) with a temporary permission for *licensees* to
> distribute original or derivative works under a proprietary license.
> The BUSL-derived Sentry licenses (currently the subject of an SPDX
> issue) have AFAIK not been considered by Fedora, and I hope that these
> licenses have no impact on any existing Fedora package.
> 
> But you've also asked an interesting question that also hasn't come up before:
> 
> "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."
> 
>  I think it's "fine" in theory, but somewhat risky. I imagine that in
> some cases it won't be clear whether a particular version mixes BUSL
> (at various stages of the process towards the "change date") and
> post-BUSL licenses. And if we concluded that the change date had
> occurred for everything, we might want to require some further action,
> at a minimum documenting the conclusion (not just in the license tag)
> and probably also at least including a copy of the post-BUSL allowed
> license.
> 
> I think we can cross the bridge when we come to it -- or have we come to it?

Yes & no. The link Michael shared earlier has a date from a month
ago:

   https://github.com/mariadb-corporation/MaxScale/blob/24.02/licenses/LICENSE2402.TXT

  Change Date:          2024-06-03
  Change License:       Version 2 or later of the GNU General Public License as
                        published by the Free Software Foundation.

however, the licenses directory in that branch, has other BUSL texts
with "Change Dates" that are NOT yet past.

IOW, the git branch contains code under a mixture of dates - which is
the risky scenario you warn about above.

I presume this is because that branch will be getting maint bugfixes
periodically and they'll be setting a new Change Date each time.


If dealing with the orignal source tarballs, however, they'll be from
a fixed point in time, so perhaps easier to determine the code in the
tarball has fully past the "Change Date".

With regards,
Daniel
-- 
|: https://berrange.com      -o-    https://www.flickr.com/photos/dberrange :|
|: https://libvirt.org         -o-            https://fstop138.berrange.com :|
|: https://entangle-photo.org    -o-    https://www.instagram.com/dberrange :|

-- 
_______________________________________________
legal mailing list -- legal@xxxxxxxxxxxxxxxxxxxxxxx
To unsubscribe send an email to legal-leave@xxxxxxxxxxxxxxxxxxxxxxx
Fedora Code of Conduct: https://docs.fedoraproject.org/en-US/project/code-of-conduct/
List Guidelines: https://fedoraproject.org/wiki/Mailing_list_guidelines
List Archives: https://lists.fedoraproject.org/archives/list/legal@xxxxxxxxxxxxxxxxxxxxxxx
Do not reply to spam, report it: https://pagure.io/fedora-infrastructure/new_issue




[Index of Archives]     [Fedora Users]     [Fedora Desktop]     [Fedora SELinux]     [Big List of Linux Books]     [Yosemite News]     [Gnome Users]     [KDE Users]

  Powered by Linux