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From "Henri Yandell (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-279) Apache NetBeans optional Java cluster depending on external GPLv2+CPE nb-javac module
Date Mon, 07 Nov 2016 00:51:59 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-279?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=15642724#comment-15642724

Henri Yandell commented on LEGAL-279:

Pondering this against a set of tests for product A, optional subproduct B and its third party
dependency product X. 

The first test is defined on resolved.xml. Does the licensing of product X pass our criteria?

The following criteria serve as guidelines for the answers on this page.

 *    The license must meet the Open Source Definition.
 *    The license must not place restrictions on the distribution of independent works that
simply use or contain the covered work.
 *    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.

I believe GPLv2 + CPE passes all three of these in this use case (ie: user provides library,
we provide code that compiles/runs against said library).

The second test for me on non-cat-A dependencies is a 'principle of no surprise'. Would a
user, looking to use our product A, be surprised by the dependency on non-cat-A product X.
If they've already agreed to the license of product X, then they won't be surprised. For example
discovering that product A has a dependency on Windows, when one was looking for the product-A-for-Windows
install. I don't think this issue fits this test (but I think it's an OR with #3 or #4).

The third test is a 'degree of meaningful separation'. How easy is it for a user getting our
product A, with our optional product B (depending on X), to separate those two products while
still leaving product A meaningfully useful. I think this situation passes this test.

Lastly, an exception test of 'this is reality folks'. If the only option to run product A
is dealing with product X, and there is significant value to the public in producing product
A, then consider whether this is an exception. Should be rare for this to apply but always
worth remembering it's an option. 

Anyway - not a member of the Legal PMC, but I think your use case is okay. 

> Apache NetBeans optional Java cluster depending on external GPLv2+CPE nb-javac module
> -------------------------------------------------------------------------------------
>                 Key: LEGAL-279
>                 URL: https://issues.apache.org/jira/browse/LEGAL-279
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Ate Douma
> The Apache NetBeans incubator project is asking for an answer from the Apache Legal Affairs
Committee to the following question:
> {quote}
>   Is the Apache NetBeans project allowed to develop and release
>   optional "Java cluster" modules which depends on the external category-X  (GPLv2+CPE)
licensed nb-javac module?
> NetBeans users who wants to use these optional "Java cluster" modules will be required
to provide for or install the nb-javac module themselves.
> {quote}
> The proposed solution and the above question, as well as possible alternative solutions,
have been discussed at length \[1] on the project dev@ list, with a latest summary by me at
> The nb-javac module is a NetBeans specific fork of the Java JDK Java compiler, and is
explicitly excluded by Oracle from the NetBeans code donation to Apache.
> The NetBeans optional Java cluster modules (for example the Java Editor) have an direct
compile and runtime dependency on the nb-javac module (api and implementation).
> While Java is an important optional module for NetBeans, and many NetBeans users do use/need
it for Java development support, it is not part of the NetBeans core.
> NetBeans also has many users not using or needing the Java support, for example for C/C++,
Javascript or PHP development, or when using NetBeans as platform for other products.
> The proposed solution, requiring end users to install the Category-X nb-javac module
themselves, only if they want to use the NetBeans Java cluster modules, assumes that the Java
cluster modules may be regarded as "optional" as explained at \[3].
> \[1] https://lists.apache.org/thread.html/16b99577a9b219e87ff1b1bcd22edd2f2faf105f338d025350126d22@%3Cdev.netbeans.apache.org%3E
> \[2] https://lists.apache.org/thread.html/7ebc9ae9d6e5fceced128768f6cf312e837348cc66c3fafde02cd666@%3Cdev.netbeans.apache.org%3E
> \[3] http://www.apache.org/legal/resolved.html#optional

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