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From Sam Ruby <ru...@intertwingly.net>
Subject Re: OpenSSL exception documentation? [was: JSON License and Apache Projects]
Date Mon, 28 Nov 2016 18:37:58 GMT
On Mon, Nov 28, 2016 at 1:07 PM, Luis Villa <luis@lu.is> wrote:
> On Mon, Nov 28, 2016 at 9:10 AM William A Rowe Jr <wrowe@rowe-clan.net>
> wrote:
>>
>> 2. The primary objection/exception for OpenSSL/SSLeay would
>>    appear to be the advertising clauses. However, SSLeay contains
>>    a rather unique and tricky exception written with good intentions
>>    (similar to 'good not evil')
>>    https://www.openssl.org/source/license.txt
>>
>>  * The licence and distribution terms for any publically available version
>> or
>>  * derivative of this code cannot be changed.  i.e. this code cannot
>> simply be
>>  * copied and put under another distribution licence
>>  * [including the GNU Public Licence.]
>>
>> This appears to make creation of a AL derived work near-impossible
>> (focusing on the first sentence alone.)
>
> To be clear, the problem with the JSON license is that it discriminates
> against particular types of use, which has never been acceptable in FOSS
> licenses. The OpenSSL license is definitely poorly drafted, but it does not
> discriminate in the same way.
>
> OpenSSL is either a mild copyleft (essentially FSF's interpretation,
> suggesting Category B) or merely makes explicit what is implicit in all
> permissive licenses, including Sec. 4 of the Apache license (suggesting
> Category A). I'm not familiar enough with the (long) history here to really
> know the author's intent, so I can't help categorize it into A/B/X, but in
> either case, it isn't directly comparable to the JSON situation.

I'd suggest category B.  Apache License is explicitly sublicenseable;
openssl is explicitly NOT sublicenseable.

One consequence of that is that the Apache License, version 2.0 is
(one-way) compatible with GPL v3, but openssl is not.  That pretty
much rules out category A.

> Luis (IAALBIANYL)

- Sam Ruby

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