-----Original Message-----
From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Philippe Ombredanne
Sent: Friday, 7 October, 2016 17:17
To: J Lovejoy <opensource@...>
Cc: spdx-tech@...; SPDX-legal <spdx-legal@...>
Subject: Re: HPND & NTP

On Fri, Oct 7, 2016 at 10:20 AM, J Lovejoy <opensource@...> wrote:

Hi All,

During the SPDX bake-off it came up that NTP
https://spdx.org/licenses/NTP.html can match to HPND
https://spdx.org/licenses/HPND.html due to the template nature of
HPND. The folks in the bakeoff wanted to know if we ought to
deprecate one of these licenses in favor of using the other or how a
tool should reconcile which license to “pick” where both could be a
valid answer. Talking about this here in Berlin and looking at the
licenses, can we please discuss the following items on the next legal call:

1) Both of these licenses are OSI-approved, which is why they are both
on the SPDX License List. Given that we endeavor to have all
OSI-approved licenses on the SPDX License List (even if they are old
or have been voluntarily deprecated by the author, as has HPND), so I
don’t view deprecation as an option. All agree?

2) As to HPND, we did not have markup for this license, but it needs
it - Sam has added markup to the XML template and Brad has reviewed.
It is flagged for review by the legal team:
https://github.com/spdx/license-list-XML/pull/89/files - can we get
another set of eyes on this, both from the legal perspective and to
check the markup?

3) OSI has comments as to how to “match” this license at the bottom of
their page - https://opensource.org/licenses/HPNDl - should we add
this to the Notes field, as is suggested in the XML file (do we really
need it, especially if we have the markup and since the line about
white space and capitalization merely repeats a couple of our matching
guidelines?)

4) I would recommend adding a comment in the Notes field for each
license along the lines of the following:
- for NTP: "This license is the same as HPND, when taking into
consideration the templatizing options given in that license. This is
included as a separate license on the SPDX License List because it is
separately approved by the OSI.”

- HPND: “Due to the templatization options of this license, it can be
the same text as NTP license. This is included as a separate license
on the SPDX License List because it is separately approved by the OSI.”

Please edit as needed. Perhaps we can then ask the OSI to add similar
language on their pages as well, so it is all consistent.

This all make sense. The only point is that the licenses are not the same, but are similar: the HPND has an additional warranty disclaimer.
So I am not sure why this would ever be an issue matching-wise and this may not warrant a note in the license.
--
Cordially
Philippe Ombredanne
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