Announce: new branched repos for target userspace utils

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Hi Andy,

As you can imagine, we are quite surprised and disappointed by your
decision to fork targetcli. We tried supporting and accommodating you
to the very best of our abilities, and you reciprocated by just
forking and actively soliciting the target-devel community for
contributions without much of a warning.

You claim that making contributions to targetcli (which is available
under the AGPLv3) under the MIT license or by signing a simple CLA
would be “against the spirit of free software.”

We explained to you that we need the flexibility to use contributions
under our free software licensing terms, so that our intellectual
property position doesn’t become too complicated. As a company, we
have made the decision to make intellectual property that took us
considerable expense available for free to the community, and we want
to make sure our resources are devoted to making our products the best
they can be, rather than fighting legal battles over contributions.

To that end, we simply ask to make contributions under the MIT
license, or, alternatively, agree to co-ownership of the
contributions, or, if that is not possible, get an unrestricted
license to the contributions. This way:

* Everyone can continue to use their own code freely;
* Everyone owns their own enhancements to their code;
* We guarantee that contributions get released as open source software, and
* We are not asking for a copyright assignment.

Now, let’s compare our fairly liberal contribution terms to some of
the more prominent terms of your own employer, Red Hat:

* Fedora: Contributions require signing the “Fedora Project
Contributor Agreement” (FPCA), which allows code contributions under a
number of “acceptable licenses”, the default license being the MIT
license, see [1]. Effectively, Red Hat reserves the right to relicense
any code submitted under the “default license” to any of the “Good
Licenses”, including the AGPLv3, see [2]. This is similar to our
terms, but more restrictive in that Red Hat doesn’t allow co-ownership
or retained ownership of enhancements, and doesn’t guarantee that the
contribution will be released at all.

* JBOSS: Contributions require signing a “Contributor License
Agreement” (CLA), which assigns all rights, including the copyrights,
to Red Hat, and expressly grants Red Hat the right to sell the
contribution, see [3]. There is no concept of shared or retained
ownership – all rights are fully assigned to Red Hat. Besides, this
CLA isn’t legal in Europe, as copyrights are not transferrable there
(except by heritage).

* Alfresco: Contributions require signing a “Standard Contribution
Agreement”, which allows Red Hat, at their sole discretion, to
relicense the contribution under their “free software licensing terms,
other terms they may use in the future, or commercial terms,” (!) see
[4]. Obviously, this is much more restrictive than our terms.

* Cygwin: Contributions require signing an “Assignment Contract” that
provides the transfer of the contributors “entire rights, title and
interest (including all rights under copyright), including “any future
revisions of these changes and enhancements,” (!) to Red Hat, see [5].
Obviously, this is much more restrictive than our terms, and it isn’t
legal in Europe (where copyrights are not transferrable).

I could probably keep expanding the list…

To summarize, your arguments are inconsistent with some of your
employer’s, Red Hat, most prominent own open source contribution
terms. It eludes me how you can find our liberal contribution terms to
be “against the spirit of free software”, while you seem fine with
your employer’s considerably more restrictive terms. In fact, Red
Hat’s more restrictive terms make you look hypocritical, and your
action appears as an aggressive move of a large company to undermine a
small startup that has been making significant contributions to Linux.
We’d love to continue to provide great open source software, but we
can’t do so if you have us worry about future legal complications.

Please kindly explain why you’re concerned with our liberal
contribution terms (either MIT license or co-ownership), while you’re
fine with your employer’s more restrictive terms (including mandatory
CLAs, relicensing under e.g. the AGPLv3 or some unspecified commercial
license, copyright assignments that are illegal in Europe, sole
ownership of all future changes, etc.).

Thanks,
--
Jerome


[1] Fedora Project Contributor Agreement, Fedora wiki,
https://fedoraproject.org/wiki/Legal:Fedora_Project_Contributor_Agreement
[2] Fedora Licensing, section “Good licenses,” Fedora wiki,
https://fedoraproject.org/wiki/Licensing#Good_Licenses
[3] JBOSS Software Contributor Agreement, only available with a login,
https://cla.jboss.org/contributions/sign.seam?cid=804
[4] Source Code page, Alfresco wiki, http://wiki.alfresco.com/wiki/Source_Code
[5] Cygwin copyright assignment form, Cygwin web site,
http://cygwin.com/assign.txt


On Tue, Dec 6, 2011 at 12:51 AM, Andy Grover <agrover@xxxxxxxxxx> wrote:
>
> Hi all,
>
> Unlike the kernel target code, RTS has stated a policy of requiring
> contributions to their userspace tools to be either under CLA, or MIT
> license[1]. This is so RTS can incorporate the contributions into their
> proprietary version. Meanwhile, RTS licenses targetcli and friends under
> the AGPLv3[2].
>
> I'm not willing to contribute code under those terms. I'll do AGPL if
> the code is AGPL, or I'll even do MIT if everyone else agrees to MIT
> licensing, but I won't agree to MIT when you are using AGPL, and I don't
> think anyone else should agree, either. It's against the spirit of free
> software.
>
> Therefore, I have made updated targetcli, rtslib, and configshell repos
> available here:
>
> https://github.com/agrover/targetcli-fb
> https://github.com/agrover/rtslib-fb
> https://github.com/agrover/configshell-fb
>
> fb stands for "free branch".
>
> These will track RTS's repos, and will also accept contributions from
> others, without CLA, under the AGPLv3. I invite all developers with an
> interest in this area (and a basic knowledge of Python) to contribute!
> You can also help out by submitting bug reports via Github issue
> tracking. Mailing list TBD but target-devel for now.
>
> These new repos will be the basis for future Fedora packaging of
> targetcli, and I plan to be aggressive in updating rawhide.
>
> Regards -- Andy
>
> [1] http://www.linux-iscsi.org/wiki/Contributing
> [2] http://en.wikipedia.org/wiki/Affero_General_Public_License
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--
Jérôme Martin



--
Jérôme Martin
--
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