[Fedora-legal-list] Re: Usage of modified DUMB library with license patches

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On Fri, Nov 29, 2024 at 11:57:35AM -0500, Richard Fontana via legal wrote:
> On Fri, Nov 29, 2024 at 9:32 AM Alexey Lunev via legal
> <legal@xxxxxxxxxxxxxxxxxxxxxxx> wrote:
> >
> > Hi everyone!
> >
> > I want to bring `zmusic` into Fedora, but there is some issues with licensing.
> > ZMusic uses DUMB library, which has unusual DUMB-0.9.3 license[0], but it is
> > basically zlib license with extra clauses which can restrict it to count as
> > free and accepted license.
> >
> > Fedora already has  `dumb ` package, it patches[1] license to make it
> > equivalent to zlib, with permission from original authors[2]. It was 18 years
> > ago. I cannot use this package, because DUMB library, which is bundled with
> > ZMusic, is heavily modified[3].
> >
> > Is it OK to do the same, or do i need to ask permission from authors again?
> >
> > [0]: https://github.com/kode54/dumb/blob/master/LICENSE
> > [1]: https://src.fedoraproject.org/rpms/dumb/blob/rawhide/f/dumb-0.9.3-license-clarification.patch
> > [2]: https://src.fedoraproject.org/rpms/dumb/blob/rawhide/f/license-clarification.eml
> > [3]: https://github.com/ZDoom/ZMusic/blob/master/licenses/legal.txt#L15-L19
> 
> I think you're asking whether you can simply take the 2007
> clarification and apply it to the forked version of DUMB in ZMusic. My
> view is no, in part because I am not sure why the way Hans de Goede
> dealt with this in 2007 was considered sufficient. He got permission
> from one of the authors of the library; I'm sure that was the main or
> original author of the project and/or the maintainer at the time, but
> I am not understanding the basis for the implied view that they could
> speak for all the authors of the project. (Perhaps you have more
> information on the history of that project and can provide that
> explanation.)

Since the clarification in the original Fedora package, upstream modified
their license again, adding a clause 8, that declares clauses 4, 5, 6 to
be "null & void":

  https://github.com/kode54/dumb/commit/7a0d05c002c7ced72ceba489fc603b10b6d72d2b

This is the version shown at that link [0] above. I think this added
clause 8 makes the license equivalent to zlib license once more (in
an incredibly silly & roundabout way), and thus ought to be considered
acceptable ?

IOW *if* the Fedora package were updated to the newest upstream
release, the license clarification patch / email shouldn't be
needed any more.

Having said that, this all assumes upstream actually had a legal basis
for adding clause 8 to their license though - given their lack of
seriousness with writing the license, I guess I'm sceptical existing
contributors were asked for permission when clause 8 was added.

> So, without more information, I think you need to ask permission from
> *all* the authors of DUMB who appear to have applied this particular
> license, not just the one person Hans de Goede contacted.

It wouldn't be just the oroginal DUMB authors who would need to grant
permission.

ZMusic states that their bundled copy of DUMB is "heavily modified".

Those modifications would be implicitly under the "DUMB license" too.

IOW, as well as all the orignal DUMB authors, permision would be needed
from all the ZMusic authors who were responsible for making modifications
to their fork of DUMB after it was imported.

I'm all for people having fun when writing software, but the license
document isn't the best place for that fun. What a mess :-(

With regards,
Daniel
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