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From Jean-Bernard Stefani <Jean-Bernard.Stef...@inrialpes.fr>
Subject Re: Réf. : [ObjectWeb architecture] Re: ObjectWeb ( was Re: ASM looks cool but LGPL)
Date Wed, 03 Sep 2003 15:43:54 GMT
Dear Brian,

I'd like to concur with what Jean-Pierre suggests (i.e. using the BSD
license as a way for Apache to make use of ObjectWeb components that may be
of interest such as JOTM or ASM) and add a couple of clarifications.

I understand the Apache requirement as 'we (ASF) only want to ship code
that meets the terms of code reuse, distribution and modification of the
ASF license, including component or library code which may have originated
outside of ASF but which is used by the code we ship'.

This requirement is not met by the LGPL since the LGPL mandates that any
modification made to the component or library code be made available under
the same LGPL license. (BTW, this does not mean that the LGPL is viral,
since it only impacts modifications to the original component code).

If this reading is correct, I think the best way forward (in order to allow
ObjectWeb components to be reused in Apache projects) is as Jean-Pierre
suggests: let us (ObjectWeb) see if we can alter the license of these
components to a license which is compatible with the Apache requirement and
would retain the mention of origin and copyright of the ObjectWeb
contributors. Like Jean-Pierre, I think the BSD license meets both
constraints so it would be an excellent choice.

We will in any case discuss the issue at our next College of Architects
meeting on Sep. 25 and we can take then the decision to release the
components of interest under an appropriate license to further Apache/OW
collaboration.

Best regards,

Jean-Bernard Stefani
INRIA, Chairman of the ObjectWeb Board


At 14:46 +0200 3/09/03, Jean-Pierre.Laisne@bull.net wrote:
>Brian,
>
>You are totally right.
>
>There is no legal  issue (nor constraint from FSF) for any GPL or LGPL
>application to combine "BSD-type"  license such as Apache. The derived work
>in that case is LGPL. The contrary is not possible because of the same
>reason i.e. LGPL's "viral" aspect (which is IMHO a strength for "FSF type"
>license).
>
>Like you suggest it, ObjectWeb would be ready (in conjunction with Apache
>Community) to "make a public statement" about this licensing compatibility.
>We can bring to the table our experience from ObjectWeb's code base e.g.
>JOnAS, ObjectWeb's J2EE platform (LGPL) using TOMCAT (APACHE). FYI JOnAS
>has been audited by lawyers and this works well for them: it is used by
>"critical" applications for users who are very touchy about these legal
>aspects.
>
>On one hand, Objectweb's community is very happy with LGPL for application
>such as JOnAS. But we understand clearly the issue (here we count on
>reciprocity:-).
>
>On the other hand, ObjectWeb's community  likes very much the idea of a
>"gateway" license enabling both Apache and ObjectWeb (or any other
>developer without any restriction) to reuse common code.
>
>So let me ask a question:
>In your  schema, would it be acceptable for this "gateway license" to be a
>BSD license?
>Could we imagine that some JOnAS components would become BSD (so reusable
>within any other licensed code - even proprietary) while JOnAS  would stay
>LGPL?
>
>Whatever the answer is, be assured that we will do our best to find a way
>of sharing code which respects everybody's will and interest.
>
>Cheers,
>
>JPL.
>
>
>
>
>
>Brian Behlendorf <brian@collab.net> sur 03/09/2003 09:26:20
>
>Pour : geronimo-dev@incubator.apache.org
>cc :   architecture@objectweb.org
>Objet :     [ObjectWeb architecture] Re: ObjectWeb (was Re: ASM looks cool
>       but LGPL)
>
>
>
>(re-adding the cc: to architecture@objectweb.org)
>
>On Tue, 2 Sep 2003, Jim Jagielski wrote:
>> One key item to recall is that when we came up with the Apache License,
>> one of the main considerations to it was that there would be
>> nothing in the license or code that would restrict *anyone* from
>> taking the code and using it as needed (as long as such basic
>> things as attribution and trademarks were honored).
>
>Correct.
>
>> Thus, you can see that any License that restricts the freedom associated
>> with the user conflicts with the Apache License.
>
>To clarify - if you take A (Apache-licensed) and B (licensed under any
>other license) and combine them into AB, you must follow the terms of both
>licenses when distributing the combined work.  Thus, the "derived" license
>- the superset of terms in the licenses of A and B - is what matters.
>The Apache license is designed to nearly disappear in the case of "AB",
>since its requirements are so easy to satisfy.
>
>The GPL is only "compatible" in this same way with code whose license has
>terms that are a strict subset of the GPL's own terms, simply because the
>GPL forbids people from adding additional terms when they redistribute GPL
>code.  Strictly speaking there are terms in the Apache license that are
>not in the GPL license - such as the part about mentioning where the
>Apache software came from in "end-user documentation or wherever such
>notices normally appear".  This is hardly contrary in spirit to the GPL,
>which itself has a similar clause in section 2c.
>
>While I am not officially speaking for the ASF here, I think everyone at
>the ASF would be fine with a combination of codebase A (Apache-licensed)
>and codebase B (GPL-licensed) resulting in a codebase AB that is
>GPL-licensed.  This generosity towards the GPL is the same generosity we
>feel towards corporations including our code in commercial projects.
>However that same reason is why we can not accept GPL'd code into code the
>ASF would redistribute.
>
>The LGPL follows the same rules, though scoped a bit more narrowly to the
>"library" level rather than the whole "work based on the Program" that the
>GPL defines.  Modulo some other differences.
>
>
>
>Thus, if the Jonas and Geronimo developers wish to work together on a
>common piece of code that both teams need, it makes sense that the
>codebase they work on should be Apache-licensed.  That makes it possible
>for both teams to use and develop common code, even if the end result in
>Jonas is LGPL'd as a whole.
>
>If there is still concern about using Apache-licensed code within GPL or
>LGPL projects due to the FSF's claim that they are incompatible, then
>there are two things that the Apache developers could petition the ASF
>Board to do:
>
>a) Consider making a public statement that the Apache license is
>compatible with the GPL and LGPL.  While the FSF may continue to disagree,
>this would reassure everyone that the ASF would not pursue any action to
>prevent the use of Apache software inside a GPL project.
>
>b) Officially dual-license all Apache code under both the Apache license
>and the LGPL.
>
>I consider a) much more likely to succeed than b) for emotional reasons,
>though I tend to think neither is mandatory at this point.
>
> Brian
>
>
>
>
>--
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>
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