[Harmony-Drafting] copyleft outbound licensing

Schmitz, Patrice-Emmanuel patrice-emmanuel.schmitz at be.unisys.com
Tue Jun 28 15:25:51 UTC 2011


A formal reference to the FSF list of "recommended licenses" is not appropriate, and even less to the "FSF recommended copyleft licenses", because in the FSF "GPL centric" mind, the GPL (read GPLv3 and AGPLv3) is the sole acceptable license. Therefore the list will be (very) short: any time a copyleft enters in conflict with the GPL copyleft, the license is not recommended (worse: you are "urged" not to use it !)
This is contradicted by the reality of license proliferation. In fact they are several OSI approved copyleft licenses (including the OSL, GPL, EUPL, Eclipse etc.) and it should not be too difficult to make a subset.
Patrice-Emmanuel Schmitz
Legal expert, www.OSOR.eu 


-----Original Message-----
From: harmony-drafting-bounces at lists.harmonyagreements.org [mailto:harmony-drafting-bounces at lists.harmonyagreements.org] On Behalf Of Allison Randal
Sent: Tuesday, June 28, 2011 3:18 PM
To: harmony-drafting at lists.harmonyagreements.org
Subject: Re: [Harmony-Drafting] copyleft outbound licensing

One thing dropping Option Four doesn't cover is cultural affiliation of 
various projects with FSF vs OSI. The FSF has graciously created a page 
listing copyleft licenses that they recommend, which we can use as the 
"FSF" option.

http://www.gnu.org/licenses/recommended-copylefts.html

So, with that, I'm suggesting this revised text for Option Four, with 
the actual link given in the FAQ pages (so it's easy to update later 
without updating the text of all the generated agreement documents 
various projects are using):

------
(Option Four) As a condition on the grant of rights in Sections 2.1 and
2.2, We agree to license the Contribution only under the terms of the
license or licenses which We are using on the Submission Date for the
Material or any licenses on the Free Software Foundation's list of
"Recommended copyleft licenses" on or after the Effective Date, whether
or not such licenses are subsequently disapproved (including any right
to adopt any future version of a license if permitted).
------

Thoughts, comments?

Allison

On 06/23/2011 08:43 PM, Radcliffe, Mark wrote:
> I think that this is fine too
>
> -----Original Message-----
> From: harmony-drafting-bounces at lists.harmonyagreements.org [mailto:harmony-drafting-bounces at lists.harmonyagreements.org] On Behalf Of Walli Stephen
> Sent: Thursday, June 23, 2011 3:53 AM
> To: Allison Randal
> Cc: harmony-drafting at lists.harmonyagreements.org
> Subject: Re: [Harmony-Drafting] copyleft outbound licensing
>
> FWIW I like this as an approach.  I think it covers any real world situations I can remember.  stephe
>
> On 2011-06-22, at 6:30 PM , Allison Randal wrote:
>
>> Mentioned in the meeting minutes, carried on here for further discussion.
>>
>> We've talked a lot about how to handle copyleft licenses in the outbound
>> license section. All the current options include copyleft licenses, but
>> the discussion has ranged over whether we can draft an option that
>> covers all copyleft licenses and only copyleft licenses. We added Option
>> Four as an attempt at that, but later discovered that the FSF also
>> recommends permissive licenses. One proposal was an option for "any
>> copyleft license", with a suggestion that copyleft is well enough
>> understood to need no definition. But, the following discussion
>> indicated that there were many different understandings of what copyleft
>> means, and that how to define copyleft in a sufficiently
>> broad-but-narrow and future-proof fashion is less than obvious.
>>
>> I had a conversation with Bradley Kuhn this week, where he pointed out
>> that generically defining copyleft licenses isn't useful, because for
>> the copyleft philosophy there's a huge difference between GPL, LGPL and
>> AGPL, and projects make very intentional choices on those distinctions.
>>
>> My proposal, based on Bradley's comments, is that we drop Option Four,
>> and in our usage guide explain that the best way to capture "only
>> copyleft licenses" is Option Two with an explicit list of the copyleft
>> licenses the project supports.
>>
>> Comments?
>>
>> Allison
>> _______________________________________________
>> Harmony-Drafting mailing list
>> Harmony-Drafting at lists.harmonyagreements.org
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>
> Stephen R. Walli, Technical Director, OuterCurve Foundation
> website: http://www.outercurve.org
> mailto:  swalli at outercurve.org
> mobile:  +1 425 522 3409
> skype:   stephen.walli
> blog:    http://stephesblog.blogs.com  (Once More unto the Breach)
> Linkdin: http://www.linkedin.com/in/stephenrwalli
> Twitter: http://twitter.com/stephenrwalli
>
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