So, the GPL3 will not be compatible with the AL2 after all. This is a
real shame. The problem is described in [1] as:
--- END copied text --
4.4 Statement on Apache License Compatibility
We regret that we will not achieve compatibility of the Apache License,
Version 2.0, with GPLv3, despite what we had previously promised.
Our consideration of Apache/GPL license compatibility has focused on
the patent termination clause in the Apache license. As we explained above
in § 4.1, this clause is compatible with Draft 3 because it is not a
“further restriction.”
However, we overlooked another provision in the current Apache
license that, on its face, is incompatible with the GPL. Under section 9
of the Apache license, downstream redistributors must agree to indemnify
upstream licensors under certain conditions.27
Although we have studied section 9 of the Apache license at some length,
we fail to understand its precise purpose or effect. On one interpretation,
the indemnification clause should never have any consequence, since, one
might argue, the liability incurred by an upstream licensor “by reason of” a
downstream redistributor’s acceptance of warranty or liability ought always
to be zero. However, we think this cannot have been the intent of the
drafters of the Apache license. Terms in free software licenses must be
assumed to have real meaning. Because the GPL gives redistributors an
unconditional right to offer warranty protection,28 and because the terms of
the Apache license appear to survive incorporation of Apache-covered code
into a GPL-covered work, section 9 of the Apache license would give rise to
an impermissible further restriction on GPL rights.
We apologize to the Apache community for having previously overlooked
the significance of this issue. We look forward to further discussions with
the Apache Foundation in the hope of achieving compatibility in the future.
--- END copied text --
So, what is our position on this?
Can we work with the FSF with respect to section 9 of the AL2?
(Yes I know people here have been working hard in the consultation
process to try and ensure compatibility. I'm trying to avoid the
politics and look at how we might make the licences compatible)
Ross
[1] http://gplv3.fsf.org/rationale
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
|