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

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On Fri, Nov 29, 2024 at 20:19:00 +0300, Daniel P. Berrangé via legal wrote:
> 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-licen
> > > se-clarification.patch [2]:
> > > https://src.fedoraproject.org/rpms/dumb/blob/rawhide/f/license-clarific
> > > ation.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/7a0d05c002c7ced72ceba489fc603b10b6d72
> d2b
> 
> 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.

Sorry, I'm a bit confused at this point, first part of message says about 
nullification of silly clauses, but second says about permissions from 
contributors.
Can I use DUMB license as zlib (package ZMusic as-is), or do I need to ask 
every contributor for permission?

> 
> 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

Alexey


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