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From "Henri Yandell" <bay...@apache.org>
Subject Re: Move Overview, Category X and transition examples (a.k.a. exceptions) to resolved
Date Fri, 06 Jun 2008 07:40:37 GMT
On Thu, Jun 5, 2008 at 7:54 PM, Sam Ruby <rubys@intertwingly.net> wrote:
> Specifically, I'm talking about moving
>  http://people.apache.org/~rubys/3party.html#category-x
> and
>  http://people.apache.org/~rubys/3party.html#transition-examples
> to
>  http://www.apache.org/legal/resolved.html
> ... while striking the words "transition and" from the text.
> I'm open to wordsmithing suggestions, but the ideas expressed below
> seem uncontroversial and have withstood the test of time.  There
> clearly will need to be text added to introduce the term "Category B",
> and I'm inclined to expand the scope of that category from "reciprocal
> licenses" to something that conveys the notion of licenses where
> approval is contingent on usage.  Perhaps someday LGPL could be moved
> into such a category.  I, for example, am untroubled by purely
> optional dependencies on LGPL code.
> For convenience, I'm including the text in question below:
> - - - -
>  Software License Criteria
> The following criteria serve to fulfill the first two guiding
> principles of this policy, as described above.
>   1. The license must meet the Open Source Definition.
>   2. The license must not place restrictions on the distribution of
> independent works that simply use or contain the covered work.
>   3. The license must not place restrictions on the distribution of
> larger works, other than to require that the covered component still
> complies with the conditions of its license.
> In addition to these requirements, if the license requires any degree
> of reciprocity, the ASF distribution must be prominently labeled to
> indicate the inclusion of software under reciprocal terms.

I guess so. I'm not convinced of 1), but I don't have any good anti cases.

> - - - -
> Category X: Excluded Licenses
> The following licenses must not apply to any software within an Apache
> product, whether in source or binary form. See Options for Prohibited
> Works for applicability to system requirements or optional works
> distributed elsewhere.
>    * BCL*
>    * Special exceptions to the GNU GPL (e.g. GNU Classpath)*

How about the MySQL exception to the GPL that specifically mentions
APR? Not that I know if APR includes it or not.

>    * GNU GPL
>    * GNU LGPL*
>    * NPL 1.0 and NPL 1.1*
>    * QPL
>    * Sleepycat License
> * see discussion of this in <del>Transition and</del> Exceptions

Add Afferro GPL.  +1 to listing these as 'not in Apache products'.

> - - - -
> Exceptions:
>  Applicability to excluded licenses used today (or licenses that have
> been considered for use)
> The Binary Code License falls far short of the Open Source Definition,
> thereby violating the first criterion for license approval. All
> BCL-licensed works currently included in ASF products must be removed

Keep the above. Delete the below on BCL. Once we've got an entry for
CDDL, point to that as a likely replacement (if our entry is

Nobody should be inc;uding BCL, so I see no reason to give people time
on it. Also we don't want to discuss system requirements yet as that
is a quagmire. This is a policy focused on licenses that apply to
Apache products - ie) what you distribute, not on what dependencies
you can have.

> before the earlier of one year or two major releases (see the General
> Rule above). PMCs with BCL-licensed works are encouraged to use this
> time to request copyright owners of such works to consider also
> licensing under an authorized license (Category A or Category B), such
> as the CDDL. Another option for some products may be to move the
> BCL-licensed work to a system requirement that is not included in the
> product.
> The NPL is simply the MPL (which is allowed under Category B) plus
> amendments that are specific to Netscape. Unfortunately, these
> amendments allow "Netscape" (now part of Time Warner) to avoid the
> reciprocity requirement that all other licensees must adhere to. This
> disqualifies the license from meeting Open Source Definition #5 ("No
> Discrimination Against Persons or Groups"). While this is a clear
> violation of the first license criterion, it is unlikely to be a
> significant practical concern for users of Apache products that
> include an NPL binary. Therefore, the NPL is currently listed as an
> excluded license

Delete the line below. It was there for Rhino, but that got
relicensed. There's very little NPL out there now.

> , but this exclusion will be reevaluated in six months.

Delete this section on XML/Text and Category B. Unnecessary until we
bring Category B licenses in, and I think the general consensus seemed
to be inclined towards Roy's view that source and binary should be the

> XML and Text Configuration files under Category B licenses
> The current license policy only allows source files to be included
> under a Category A license, not a Category B license (binary only).
> Therefore, XML and text files covered by a Category B license cannot
> be included in an Apache product. Whether this places a significant
> burden on PMCs will be reevaluated in six months.
> JavaScript/ECMAScript libraries under Category B licenses
> As AJAX-related functionality becomes more popular, there may be a
> demand for JavaScript libraries, which are only available in source
> form. The current license policy allows such code to be included when
> covered by a Category A license (authorized for source and binary),
> but not a Category B license (binary only). Whether there is an
> overwhelming need for such Category B-licensed JavaScript libraries to
> be included in the product will be reevaluated in six months.

> The LGPL v2.1 is ineligible from being a Category B license (a
> category that includes the MPL, CPL, EPL, and CDDL) primarily due to
> the restrictions it places on larger works, violating the third
> license criterion. Therefore, LGPL v2.1-licensed works must not be
> included in Apache products, although they may be listed as system
> requirements or distributed elsewhere as optional works.

+1. Good text.

> Special exceptions to the GNU GPL
> Some copyright holders have licensed their works under the GPL with
> special exceptions. Although these exceptions may appear to be
> addressing the restrictions disallowed by the ASF's first and second
> license criteria, the exceptions may only apply to software not
> "derived from or based on" the covered work. The references terms
> defined in the GPL that include works that "use" or "contain" the
> work. Therefore, software under these exceptions is generally not
> allowed for inclusion within an Apache product. PMCs may, however,
> choose to allow such works to be system requirements of an Apache
> product, provided a review by the ASF Legal Affairs officer and PMC
> chair determine no part of the product is copied from or derived from
> the GPL/exception-licensed work other than what is strictly required
> to achieve compatibility. See details for inclusions within the
> product that are related to excluded licenses.

Need to look at the archives for the MySql question, I seem to recall
there being something there.


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