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From Luis Villa <l...@lu.is>
Subject Re: OpenSSL exception documentation? [was: JSON License and Apache Projects]
Date Fri, 02 Dec 2016 17:25:22 GMT
It's the "derivative" part that makes me say copyleft, rather than mere
prohibition on sublicensing the original work. But it's poorly written, and
I don't know the history/intent, so I certainly won't claim any great
certainty on the matter.

On Fri, Dec 2, 2016, 9:17 AM Henri Yandell <bayard@apache.org> wrote:

> Jira not required. Note though that 'category B' is currently under a Weak
> Copyleft section, so this means adding a new FAQ rather than simply adding
> the license to the current category B list. While Luis said the FSF said it
> was mildly copyleft, I'm not seeing a clear copyleft statement in the
> license. I assume it's in one potential reading of:
>
> "The licence and distribution terms for any publically available version or derivative
of this code cannot be changed. "
>
> That seems to me less midly copyleft and more either 1) a no sublicensing
> term or 2) a vague copyleft term that could be either GPL or MPL in its
> desired scope. #1 would seem to place it in its own special situation while
> #2 would place it in Cat X.
>
> If #1: Could you draft the proposed language for that FAQ here (or on a
> JIRA)?
>
> Given there's only the one known product under OpenSSL/SSLeay, my
> recommendation would be to limit the FAQ to the product rather than the
> license as a whole. Similar to how the old JSON question was listed. Plus a
> link to the license :) https://www.openssl.org/source/license.html
>
> Hen
>
> On Tue, Nov 29, 2016 at 4:56 PM, William A Rowe Jr <wrowe@rowe-clan.net>
> wrote:
>
> This seems most accurate by my reading, but will let it hang out there a
> solid 72 hrs before resolving. Is a Jira ticket strictly necessary or can
> the response be added to the FAQ doc based on this thread?
>
> On Nov 28, 2016 12:38, "Sam Ruby" <rubys@intertwingly.net> wrote:
>
> 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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