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Posted to legal-discuss@apache.org by Robert Burrell Donkin <rd...@apache.org> on 2007/11/28 23:21:47 UTC

Re: Ruby license and Ruby packaging

On Fri, 2007-10-12 at 10:00 -0400, Sam Ruby wrote:
> On 10/8/07, J Aaron Farr <fa...@apache.org> wrote:
> >
> > Bringing this thread back from the dead...
> >
> > "Sam Ruby" <ru...@intertwingly.net> writes:
> >
> > > On 8/31/07, Erik Abele <er...@codefaktor.de> wrote:
> > >>
> > >> No, it doesn't matter, we can still license our own work as we see
> > >> fit, but see below.
> > >
> > > Actually, I believe that's the crucial bit here.  If it weren't for
> > > the fact that .gem files are exploded upon installation this
> > > discussion would be very straightforward.
> > >
> > > I believe that the license in question will fit into "Category B", the
> > > only question remaining would be how we can document and package our
> > > downloads in ways that "minimize the chance that a user of an Apache
> > > product will create a derivative work of a reciprocally-licensed
> > > portion of an Apache product without being aware of the applicable
> > > requirements."
> > >
> > > I have to believe that this is possible.  To believe otherwise would
> > > essentially lock much of the development of Ruby code out of the ASF,
> > > which would be rather unfortunate.
> >
> > Do we have any definitive word about the Ruby License here in Apache?
> > It does seem to fit into Category B, however, we'd have to make it
> > clear that we're distributing it under the optional conditions.
> 
> Hearing no objections, I'll explicitly add it to the Category B list
> in 72 hours.

the ruby license is badly drafted

it is also a dual license. (there has been legal doubt raised over the
exact meaning of dual licenses - see
http://www.softwarefreedom.org/resources/2007/gpl-non-gpl-collaboration.html#x1-90004)

IMO these risks are sufficiently large to ask council to take a look
before allow it 

- robert

Re: Ruby license and Ruby packaging

Posted by Henri Yandell <ba...@apache.org>.
On Nov 28, 2007 4:45 PM, Sam Ruby <ru...@intertwingly.net> wrote:
> Robert Burrell Donkin wrote:
> >
> > the ruby license is badly drafted
>
> Care to cite a specific issue?

Reminds me that we should put Artistic on the list somewhere.

> > it is also a dual license. (there has been legal doubt raised over the
> > exact meaning of dual licenses - see
> > http://www.softwarefreedom.org/resources/2007/gpl-non-gpl-collaboration.html#x1-90004)
>
> We have plenty of examples where we have accepted multiple licensed code
> in the past.  Pretty much all MPL licensed code is either dual licensed
> or even triple licensed.

Agreed - dual licensing seems to be here to stay.

> > IMO these risks are sufficiently large to ask council to take a look
> > before allow it
>
> Note that we are talking 'category B' here -- which essentially means
> incorporating binaries whole, and without modification.

What's the point?

Category B says 'no scripting languages'. The Ruby license is unlikely
to be applied to binary packages.

Hen

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Re: Ruby license and Ruby packaging

Posted by Sam Ruby <ru...@intertwingly.net>.
Robert Burrell Donkin wrote:
> 
> the ruby license is badly drafted

Care to cite a specific issue?

> it is also a dual license. (there has been legal doubt raised over the
> exact meaning of dual licenses - see
> http://www.softwarefreedom.org/resources/2007/gpl-non-gpl-collaboration.html#x1-90004)

We have plenty of examples where we have accepted multiple licensed code 
in the past.  Pretty much all MPL licensed code is either dual licensed 
or even triple licensed.

> IMO these risks are sufficiently large to ask council to take a look
> before allow it 

Note that we are talking 'category B' here -- which essentially means 
incorporating binaries whole, and without modification.

Badly drafted but well known and widely used is often better than 
apparently clear but unknown; similarly multiply licensed codebase may 
create problems for some (like contributors) and not for others.

> - robert

- Sam Ruby


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DISCLAIMER: Discussions on this list are informational and educational
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and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
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