Re: Apache NetBeans convenience binary releases and GPLv2 with ClassPath Exception

[Neil C Smith <ne...@apache.org>]

On Wed, 1 Jul 2020 at 00:43, Justin Mclean <ju...@classsoftware.com> wrote:
> This has already been resolved see https://issues.apache.org/jira/browse/LEGAL-336

With respect, I think we (speaking as a NetBeans PMC member) are well
aware of that ticket.  And I think if we were sure how the resolution
was to be applied we'd stop asking questions.  Take Henri's last
comment - #1 makes the point that GPL+CE can't be included in
convenience binaries; #3 & #4 imply that we can open a JIRA ticket on
a per-library basis, and if (when?) agreed pretty much treat them as
Cat B.  I'd also point out that Roy's assessment on that issue seems
different to the one in this thread.

We have an open ticket on bundling a GPL+CE licensed OpenJDK in
NetBeans installers at https://issues.apache.org/jira/browse/LEGAL-488
 Henri's comments there suggest we're probably good to go, but it's
never actually been marked resolved after 8 months.  Assuming it is,
then we can open further tickets for other things mentioned in this
thread (eg. OpenJFX, pack200, etc.)

I linked in LEGAL-523 because it's a currently open question, and
having different resolutions for the two variations would seem to be
odd.  With both it's obviously paramount that the exception applies,
possibly easier in the CE case.  But with suitable guidance (must do
x,y,z) then surely PMCs can achieve this - we have to validate
everything else.  This of course, all assuming that as mentioned here,
in 336, in 488 and in 523, that when the exceptions are in place the
resulting binary bundles are fully ASL compliant?

Thanks and best wishes,

Neil

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Re: Apache NetBeans convenience binary releases and GPLv2 with ClassPath Exception

[Neil C Smith <ne...@apache.org>]

On Wed, 1 Jul 2020 at 12:29, Justin Mclean <ju...@classsoftware.com> wrote:
> > Take Henri's last comment - #1 makes the point that GPL+CE can't be included in
> > convenience binaries;
>
> To quote:
> 1) Can we treat GPL CPE as Category B?
> No. It isn't Category B in the current sense that you can include a GPL CPE library with your code.
>
> 2) Can we build software for a platform that is GPL CPE?
> Sure. You can build software for a platform that is Oracle Proprietary too
>
> So no those options are not available to Apache projects. For 3rd parties sure but then it’s going to have restriction on to of the Apache license.

What restriction?

And this ignores #4 too -

4) What about the Eclipse link from Matthias?
Looks like good text. Pretty much equates to open a JIRA; obey the GPL
CPE licensing; don't fork the GPL CPE code.

This is about distribution (link has gone, but is at
https://web.archive.org/web/20191102021136/https://www.eclipse.org/org/documents/GPL_CE_Policy.php
 So the recommendation was followed ...

> > We have an open ticket on bundling a GPL+CE licensed OpenJDK in
> > NetBeans installers at https://issues.apache.org/jira/browse/LEGAL-488
>
> If you don’t include any  OpenJDK or any other Linux / Category X comments then there no issue.

If we didn't want to do that there wouldn't be a ticket!

To quote Henri there -

"Anyone following on list have any concerns with this situation?
NetBeans being able to produce an installer that includes OpenJDK
inside a NetBeans executable, with the only licensing requirements on
NetBeans being any non GPL/CPE pieces of the OpenJDK library used?"

And there is no request to use non-compliant, non-GPL+CPE pieces incidentally.

The assessment seems fully in line with your own comments on LEGAL-523
- "The bundle/combination is under license terms of your choice, but
the library is still GPL code."

Best wishes,

Neil

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Re: Apache NetBeans convenience binary releases and GPLv2 with ClassPath Exception

[Justin Mclean <ju...@classsoftware.com>]

Hi,

> Take Henri's last comment - #1 makes the point that GPL+CE can't be included in
> convenience binaries;

To quote:
1) Can we treat GPL CPE as Category B?
No. It isn't Category B in the current sense that you can include a GPL CPE library with your code. 

2) Can we build software for a platform that is GPL CPE?
Sure. You can build software for a platform that is Oracle Proprietary too

So no those options are not available to Apache projects. For 3rd parties sure but then it’s going to have restriction on to of the Apache license.

> We have an open ticket on bundling a GPL+CE licensed OpenJDK in
> NetBeans installers at https://issues.apache.org/jira/browse/LEGAL-488

If you don’t include any  OpenJDK or any other Linux / Category X comments then there no issue.

Perhaps Roy can expand what he said in that JIRA?

"No. It is a special-case exception that only applies when distributing an executable linked with Gnu classpath separately from the GPL+CPE covered work. Cat B would imply we could include the GPL+CPE library inside our binary packages.”

Thanks,
Justin
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