app license issue

[Yichi Lu <yi...@sungard.com>]

Does anyone know that whether it is OK, from licensing point of view, to
add a GPLv2 package into CloudStack?
My understanding is that Apache/CloudStack is under Apache v2 licensing,
which is incompatible to GPLv2.
The particular package (or Program) is under GPLv2 with FLOSS exceptions
(to alleviate the incompatibility), where Apachev2 is on that FLOSS license
list. I include exceptions here. Thanks.

Yichi

As a special exception to the terms and conditions of version 2.0 of the
GPL:

0. You are free to distribute a Derivative Work that is formed entirely from
   the Program and one or more works (each, a "FLOSS Work") licensed under
   one or more of the licenses listed below in section 1, as long as:

    a. You obey the GPL in all respects for the Program and the Derivative
       Work, except for identifiable sections of the Derivative Work which
       are not derived from the Program, and which can reasonably be
       considered independent and separate works in themselves,

    b. all identifiable sections of the Derivative Work which are not
       derived from the Program, and which can reasonably be considered
       independent and separate works in themselves,

        (i) are distributed subject to one of the FLOSS licenses listed
            below, and

       (ii) the object code or executable form of those sections are
            accompanied by the complete corresponding machine-readable
            source code for those sections on the same medium and under the
            same FLOSS license as the corresponding object code or
            executable forms of those sections, and

    c. any works which are aggregated with the Program or with a Derivative
       Work on a volume of a storage or distribution medium in accordance
       with the GPL, can reasonably be considered independent and separate
       works in themselves which are not derivatives of either the Program,
       a Derivative Work or a FLOSS Work.

Re: app license issue

[David Nalley <da...@gnsa.us>]

On Tue, Mar 5, 2013 at 3:42 PM, Yichi Lu <yi...@sungard.com> wrote:
> Does anyone know that whether it is OK, from licensing point of view, to
> add a GPLv2 package into CloudStack?
> My understanding is that Apache/CloudStack is under Apache v2 licensing,
> which is incompatible to GPLv2.
> The particular package (or Program) is under GPLv2 with FLOSS exceptions
> (to alleviate the incompatibility), where Apachev2 is on that FLOSS license
> list. I include exceptions here. Thanks.
>
> Yichi
>

So several things:
We aren't really qualified to provide legal advice. (and don't) If you
really want to talk to lawyers about the issue, I have a few
recommendations for F/LOSS savvy lawyers I can I point you to.

Assuming a worst case scenario - a user could easily do this and still
comply. The problem is triggered on distribution.

As a matter of policy Apache CloudStack won't include GPLed software.

--David

Re: app license issue

[Chip Childers <ch...@sungard.com>]

On Tue, Mar 05, 2013 at 02:42:02PM -0600, Yichi Lu wrote:
> Does anyone know that whether it is OK, from licensing point of view, to
> add a GPLv2 package into CloudStack?
> My understanding is that Apache/CloudStack is under Apache v2 licensing,
> which is incompatible to GPLv2.
> The particular package (or Program) is under GPLv2 with FLOSS exceptions
> (to alleviate the incompatibility), where Apachev2 is on that FLOSS license
> list. I include exceptions here. Thanks.

So generally, it's a bad idea.  We have solved this in 2 ways:

1) Not making it part of the default build (like VMware support).
2) Making it a "system dependency" which we rely on packaging to pull
in.

Generally not a good idea though...

> 
> Yichi
> 
> As a special exception to the terms and conditions of version 2.0 of the
> GPL:
> 
> 0. You are free to distribute a Derivative Work that is formed entirely from
>    the Program and one or more works (each, a "FLOSS Work") licensed under
>    one or more of the licenses listed below in section 1, as long as:
> 
>     a. You obey the GPL in all respects for the Program and the Derivative
>        Work, except for identifiable sections of the Derivative Work which
>        are not derived from the Program, and which can reasonably be
>        considered independent and separate works in themselves,
> 
>     b. all identifiable sections of the Derivative Work which are not
>        derived from the Program, and which can reasonably be considered
>        independent and separate works in themselves,
> 
>         (i) are distributed subject to one of the FLOSS licenses listed
>             below, and
> 
>        (ii) the object code or executable form of those sections are
>             accompanied by the complete corresponding machine-readable
>             source code for those sections on the same medium and under the
>             same FLOSS license as the corresponding object code or
>             executable forms of those sections, and
> 
>     c. any works which are aggregated with the Program or with a Derivative
>        Work on a volume of a storage or distribution medium in accordance
>        with the GPL, can reasonably be considered independent and separate
>        works in themselves which are not derivatives of either the Program,
>        a Derivative Work or a FLOSS Work.