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From Robert Burrell Donkin <rdon...@apache.org>
Subject Re: License classification: Schema files for OASIS Open Document Format (ODF) standard
Date Fri, 11 Nov 2011 11:54:26 GMT
On 11/10/11 20:43, Rob Weir wrote:
> The ODF Toolkit Podling uses the ODF schema files (the Relax NG format
> XML files that define many of the constraints of the ODF standard).
> 
> We use the schemas at build time and runtime .

(Please jump to correct my misunderstandings)

> At build time, in our ODFDOM component, we have a code generation
> phase (using Apache Velocity) where we generate Java source code (a
> typed DOM) based on the ODF schema.

So ODF Toolkit generates source from the ODF schema

> At runtime we have another component, the Validator, that uses the
> schema to check whether input documents  are valid to the schema.  We
> do classic schema validation as a prelude to more detailed conformance
> checking.

The ODF schema is used at runtime for validation

> The schemas are not OSS.  They are parts of a published standard.
> However, they are copyrighted by OASIS (a standards consortium) and
> come with the following license:

(Of course, works in legal documents mean precisely what they say but
I'll break it down to aid understand) I read this as follows

> <!--
>         Open Document Format for Office Applications (OpenDocument) Version 1.2
>         Committee Specification Public Review Draft (CSPRD) 03, 19 January 2011
> 	Relax-NG Schema
> 
>         Copyright (c) OASIS Open 2002-2011. All Rights Reserved.
> 
> 	All capitalized terms in the following text have the meanings assigned to them
> 	in the OASIS Intellectual Property Rights Policy (the "OASIS IPR Policy"). The
> 	full Policy may be found at the OASIS website.

definitions elsewhere

> 	This document and translations of it may be copied and furnished to others, 

allows distribution

>       and
> 	derivative works that comment on or otherwise explain it or assist in its
> 	implementation may be prepared, copied, published, and distributed, in whole or
> 	in part, without restriction of any kind, 

some derivative works

>       provided that the above copyright
> 	notice and this section are included on all such copies and derivative works.
> 	However, this document itself may not be modified in any way, including by
> 	removing the copyright notice or references to OASIS, except as needed for the
> 	purpose of developing any document or deliverable produced by an OASIS
> 	Technical Committee (in which case the rules applicable to copyrights, as set
> 	forth in the OASIS IPR Policy, must be followed) or as required to translate it
> 	into languages other than English.

upon reasonable conditions

> 	The limited permissions granted above are perpetual and will not be revoked by
> 	OASIS or its successors or assigns.

(good)

> 	This document and the information contained herein is provided on an "AS IS"
> 	basis and OASIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
> 	LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT
> 	INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
> 	FITNESS FOR A PARTICULAR PURPOSE.

disclaims warranty.

> -->
> 
> The full OASIS IPR policy, which is referenced in the license, is here:
> 
> http://www.oasis-open.org/policies-guidelines/ipr

The definitions seem reasonable. I can't find any surprises.

> Where it speaks of "IPR Mode", ODF is under the "RF on Limited Terms"
> IPR mode.
> 
> So we have permission to copy, translate and redistribute the schema,
> as well as make derivatives "that comment on or otherwise explain it
> or assist in its implementation".  I believe that our use is covered
> by that permission.

"use" is sadly a legally loaded term ;-)

Let's focus on specifics...

> I'd like to get consensus that it is fine to 

(separate the two specific cases and reorder)

> to generate code from the schemas that is also included in our releases.

I think this one of those more debatable and interesting cases lying
close to a fractal boundary. IIRC some projects in this situation have
decided that creating a clean room schema for generation is less work
than trying to pin down a good legal judgement. This

(Of course, it is possible that case law may overturn our current
understanding of when a work is derived from an standard for the
purposes of copyright law...)

> include the unmodified schemas in our source and binary releases,

IIRC OASIS (and other similar standards) have come up many times before.
The current documentation doesn't cover these standards explicitly but
implies that non-open source documents are not allowed in version
control but may be download at build time and included in binary
distributions.

Robert

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