Re: GPL3 and AL2 compatability

["Geir Magnusson Jr." <ge...@pobox.com>]

Eh, it's not over yet.  There's another "Really Final Draft" that  
follows this "Final Draft", so there's oppo to fix this.

geir

On Mar 30, 2007, at 7:23 AM, Ross Gardler wrote:

> So, the GPL3 will not be compatible with the AL2 after all. This is  
> a real shame. The problem is described in [1] as:
>
> --- END copied text --
>
> 4.4 Statement on Apache License Compatibility
> We regret that we will not achieve compatibility of the Apache  
> License,
> Version 2.0, with GPLv3, despite what we had previously promised.
> Our consideration of Apache/GPL license compatibility has focused on
> the patent termination clause in the Apache license. As we  
> explained above
> in § 4.1, this clause is compatible with Draft 3 because it is not  
> a “further restriction.”
> However, we overlooked another provision in the current Apache
> license that, on its face, is incompatible with the GPL. Under  
> section 9
> of the Apache license, downstream redistributors must agree to  
> indemnify
> upstream licensors under certain conditions.27
> Although we have studied section 9 of the Apache license at some  
> length,
> we fail to understand its precise purpose or effect. On one  
> interpretation,
> the indemnification clause should never have any consequence,  
> since, one
> might argue, the liability incurred by an upstream licensor “by  
> reason of” a
> downstream redistributor’s acceptance of warranty or liability  
> ought always
> to be zero. However, we think this cannot have been the intent of the
> drafters of the Apache license. Terms in free software licenses  
> must be
> assumed to have real meaning. Because the GPL gives redistributors an
> unconditional right to offer warranty protection,28 and because the  
> terms of
> the Apache license appear to survive incorporation of Apache- 
> covered code
> into a GPL-covered work, section 9 of the Apache license would give  
> rise to
> an impermissible further restriction on GPL rights.
> We apologize to the Apache community for having previously overlooked
> the significance of this issue. We look forward to further  
> discussions with
> the Apache Foundation in the hope of achieving compatibility in the  
> future.
>
> --- END copied text --
>
> So, what is our position on this?
>
> Can we work with the FSF with respect to section 9 of the AL2?
>
> (Yes I know people here have been working hard in the consultation  
> process to try and ensure compatibility. I'm trying to avoid the  
> politics and look at how we might make the licences compatible)
>
> Ross
>
> [1] http://gplv3.fsf.org/rationale
>
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