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

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On Wed, Jul 17, 2024 at 3:45 PM Richard Fontana <rfontana@xxxxxxxxxx> wrote:
> 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.
...
> I think we can cross the bridge when we come to it -- or have we come to it?
...
> I think this is alluding to the "no effective license" principle. But
> in lots of situations we have to make guesses and interpretations of
> various sorts. I can maybe see adopting the position that these
> licenses are so odious that we don't want to distribute anything that
> was even formerly under them (until the theoretical trigger to free is
> reached) but that seems a little extreme to me if it's just a kind of
> political gesture. There's already a license allowed in Fedora -- it's
> pretty obscure and I can't remember the name offhand -- where the
> license basically says something like "proprietary until the year
> 2000, then you have the following FOSS license" and this is allowed
> because in that case the change date is clearly something that
> occurred *long* ago.

I was recently contacted by MariaDB upstream, saying they would like
to see MaxScale (a DB proxy) [1], their product, to become adopted by
distributions, since the oldest major version (21.06) just recently
reached the license transformation date (2024-06-03) and should be
under 'GPL-2.0-or-later' now. [2]

So in this case - no, the package is not part of Fedora yet, we only
just started talks about whether it could be.
But yes, I believe we just came to that bridge.

I also share the opinion that there's no need to be strict just for
the reason for a political gesture. Likely the exact opposite - I
believe we should be happy the upstreams are accepting the idea of
FOSS and are making an effort to find some compromise with what they
are used to - and try to be welcoming to this type of licenses.

If the Fedora Legal team would find this acceptable, we need to find
out how to record this, just like Neal said.


[1] https://github.com/mariadb-corporation/MaxScale
[2] https://github.com/mariadb-corporation/MaxScale/blob/24.02/licenses/LICENSE2106.TXT

--

Michal Schorm
Software Engineer
Core Services - Databases Team
Red Hat

--

On Wed, Jul 17, 2024 at 3:45 PM Richard Fontana <rfontana@xxxxxxxxxx> 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?
>
> Also:
>
> "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."
>
> I think this is alluding to the "no effective license" principle. But
> in lots of situations we have to make guesses and interpretations of
> various sorts. I can maybe see adopting the position that these
> licenses are so odious that we don't want to distribute anything that
> was even formerly under them (until the theoretical trigger to free is
> reached) but that seems a little extreme to me if it's just a kind of
> political gesture. There's already a license allowed in Fedora -- it's
> pretty obscure and I can't remember the name offhand -- where the
> license basically says something like "proprietary until the year
> 2000, then you have the following FOSS license" and this is allowed
> because in that case the change date is clearly something that
> occurred *long* ago.
>
> Richard
>

-- 
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