Re: Handling Upstream that has Diverging Licenses in Source Files but not LICENSE file

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On 2/15/24 17:26, Tom Hughes wrote:
On 15/02/2024 23:57, Omair Majid wrote:

Tim Flink <tflink@xxxxxxxxxxxxxxxxx> writes:

The upstream is distributed as MIT but contains a few files which have
additional or different licenses. Two files include BSD-2-Clause, two
files include Apache-2.0 and one is Public Domain. The upstream
project includes a LICENSE.txt file which only contains the MIT
license.

I have a similar scenario with some of my packages. What I do is mark
all the LICENSE.txt files that upstream includes as %license and leave
it at that. I don't create/modify/update any existing upstream files.

The other licenses (which aren't listed in LICENSE.txt), I list them in
spec file using the License tag.

In your case, that would be using something like:

License:  MIT and BSD-2-Clause and Apache-2.0 and LicenseRef-Fedora-Public-Domain

(And please add the public domain text to
https://gitlab.com/fedora/legal/fedora-license-data/-/blob/main/public-domain-text.txt)

Someone please correct me if this is wrong.

It's wrong for licenses like Apache which require that the full
text is included. The guidelines explain what is needed:

https://docs.fedoraproject.org/en-US/packaging-guidelines/LicensingGuidelines/#_license_text

This topic is touched on, yes but I also think this exact situation is a bit of a gap in what's covered there.

As I read the guidelines, there are two situations covered:
1. All applicable licenses are in the LICENSE file(s) from upstream
2. No (complete) LICENSE file is provided, no complete license text is provided and getting the license text added upstream is not an option (upstream is unwilling, unresponsive etc.)

In this specific case, the license text is included in the affected files, so it's not a case of upstream just mentioning a license in the README or something like that.

I'm wondering whether extracting the license text from source files and either putting that text into an additional LICENSE file or appending them to upstream's LICENSE file is seen as an acceptable alternative as we would be using upstream's text, just moving it around a bit and not taking a potentially different source (copying from SPDX, osi et. al).

Tim
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