Date   

Re: Revisting proposed terminology definitions

Kirsten Newcomer <knewcomer@...>
 

Thanks very much for the comment, Scott. 

You're correct that these terms fit into the categories you suggest:

Terms for "determined: include: AMBIGUOUS (I determined I was unable to determine a value) and NONE (I determined the correct value is NONE).

NONE is also used in a factual sense (I looked and found no data).

For "no attempt to determine": NOTANALYZED. 

We think of analysis as any type of effort, whether visual review, tools analysis, or just asking the developer. 

We were concerned that NOTDETERMINED could be interpreted as a conclusion (I looked, but couldn't figure it out). We thought it was important to have a term that conveys that no attempt to find info or make a determination was made. 

Thoughts?

Kirsten

On May 2, 2011, at 4:04 PM, Peterson, Scott K (HP Legal) wrote:

Unfortunately, I will not be able to attend the legal meeting this week.
 
But, I would like to offer a comment on the proposed 3 no-value values:
 
I see terms for:
- determined
- no attempt to determine
 
What value does someone use if, after analysis, they concluded that they were unable to determine the value for this parameter?
 
I don’t think it is important whether something was subjected to analysis or not. What is important is whether a determination was made.
 
Thus, I suggest that the description for the third value might be better described as follows:
 
“Indicates that the preparer of the SPDX document did not determine the value of this field.”
 
Since ‘analysis’ isn’t key, the name for the value might be changed to something like:
NOTDETERMINED
 
-- Scott
 
 
From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Kirsten Newcomer
Sent: Monday, May 02, 2011 3:34 PM
To: spdx-legal@...
Cc: spdx-tech@...
Subject: Fwd: Revisting proposed terminology definitions
 
Hi all, 
 
In reviewing the SPDX Specification at the Linux Collab Summit face-to-face, the team noticed that there was some inconsistency regarding the use of the terms UNKNOWN, UNDETERMINED, NONE, etc. After a detailed review of the occurrences of these terms, and much discussion, the SPDX Technical group has proposed the following replacement terminology. 
 
We'd like to get sign-off from the Legal team before we finalize. Bill Schineller has volunteered to attend the Legal team meeting this week to review the proposal and collect feedback. Note that we need to finalize the terms we plan to use for beta.
 
Definitions:
 
AMBIGUOUS 
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field.
 
 
Occurrences/Use:
 
 
licenseDeclared or licenseInfoInFile fields can have one of 4 possible values: 
            <short-form-identifier>
            LicenseRef-N 
            NONE 
            NOTANALYZED
            (Note: these fields do not use the AMBIGUOUS value; AMBIGUOUS is reserved for Concluded fields.)
 
licenseConcluded fields can have one of 5 possible values:
            <short-form-identifier> 
            LicenseRef-N 
            NONE 
            NOTANALYZED 
            AMBIGUOUS
 
licenseInfoFromFiles field can have one or more entries each of which has 4 possible values:
            <short-form-identifier>
            LicenseRef-N 
            NONE 
            NOTANALYZED 
 
In addition, the fields packageDownloadLocation and artifactOfProjectHomePage can have one of 2 values:
            <URL>
            NONE
 
And the fields copyrightText, fileCopyrightText can have the value: 
            <multiple lines of text>
            NONE
 
Thanks!
 
Kirsten
 
Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184


Re: Revisting proposed terminology definitions

Peterson, Scott K (HP Legal) <scott.k.peterson@...>
 

I should have paid more attention to the definition of “AMBIGUOUS”.  I now see that that was intended to be used in any case where analysis was done and no determination was made - not only the cases where the value is ambiguous.

 

I would like to be able to say: “I am not making any assertion about the value of this field.” Period. Without making any representation about what analysis was or was not done. I don’t like being forced to assert whether analysis was done or not.

 

-- Scott

 

 

From: Kirsten Newcomer [mailto:knewcomer@...]
Sent: Monday, May 02, 2011 4:24 PM
To: Peterson, Scott K (HP Legal)
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions

 

Thanks very much for the comment, Scott. 

 

You're correct that these terms fit into the categories you suggest:

 

Terms for "determined: include: AMBIGUOUS (I determined I was unable to determine a value) and NONE (I determined the correct value is NONE).

 

NONE is also used in a factual sense (I looked and found no data).

 

For "no attempt to determine": NOTANALYZED. 

 

We think of analysis as any type of effort, whether visual review, tools analysis, or just asking the developer. 

 

We were concerned that NOTDETERMINED could be interpreted as a conclusion (I looked, but couldn't figure it out). We thought it was important to have a term that conveys that no attempt to find info or make a determination was made. 

 

Thoughts?

 

Kirsten

 

On May 2, 2011, at 4:04 PM, Peterson, Scott K (HP Legal) wrote:



Unfortunately, I will not be able to attend the legal meeting this week.

 

But, I would like to offer a comment on the proposed 3 no-value values:

 

I see terms for:

- determined

- no attempt to determine

 

What value does someone use if, after analysis, they concluded that they were unable to determine the value for this parameter?

 

I don’t think it is important whether something was subjected to analysis or not. What is important is whether a determination was made.

 

Thus, I suggest that the description for the third value might be better described as follows:

 

“Indicates that the preparer of the SPDX document did not determine the value of this field.”

 

Since ‘analysis’ isn’t key, the name for the value might be changed to something like:

NOTDETERMINED

 

-- Scott

 

 

From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Kirsten Newcomer
Sent: Monday, May 02, 2011 3:34 PM
To: spdx-legal@...
Cc: spdx-tech@...
Subject: Fwd: Revisting proposed terminology definitions

 

Hi all, 

 

In reviewing the SPDX Specification at the Linux Collab Summit face-to-face, the team noticed that there was some inconsistency regarding the use of the terms UNKNOWN, UNDETERMINED, NONE, etc. After a detailed review of the occurrences of these terms, and much discussion, the SPDX Technical group has proposed the following replacement terminology. 

 

We'd like to get sign-off from the Legal team before we finalize. Bill Schineller has volunteered to attend the Legal team meeting this week to review the proposal and collect feedback. Note that we need to finalize the terms we plan to use for beta.

 

Definitions:

 

AMBIGUOUS 
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field.

 

 

Occurrences/Use:

 

 

licenseDeclared or licenseInfoInFile fields can have one of 4 possible values: 

            <short-form-identifier>

            LicenseRef-N 

            NONE 

            NOTANALYZED

            (Note: these fields do not use the AMBIGUOUS value; AMBIGUOUS is reserved for Concluded fields.)

 

licenseConcluded fields can have one of 5 possible values:

            <short-form-identifier> 

            LicenseRef-N 

            NONE 

            NOTANALYZED 

            AMBIGUOUS

 

licenseInfoFromFiles field can have one or more entries each of which has 4 possible values:

            <short-form-identifier>

            LicenseRef-N 

            NONE 

            NOTANALYZED 

 

In addition, the fields packageDownloadLocation and artifactOfProjectHomePage can have one of 2 values:

            <URL>

            NONE

 

And the fields copyrightText, fileCopyrightText can have the value: 

            <multiple lines of text>

            NONE

 

Thanks!

 

Kirsten

 

Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184

 


Re: Revisting proposed terminology definitions

Peter Williams <peter.williams@...>
 

On Mon, May 2, 2011 at 3:35 PM, Peterson, Scott K (HP Legal)
<scott.k.peterson@...> wrote:
I would like to be able to say: “I am not making any assertion about the
value of this field.” Period. Without making any representation about what
analysis was or was not done. I don’t like being forced to assert whether
analysis was done or not.
I think "NOTANALYZED" means "i am not making any assertion about the
value of this field". To the consumer of an SPDX file there is no
difference between "analysis not done" and "analysis done but i'm not
disclosing the results". Would rewording the definition to something
like the following work?

NOTANALYZED

Indicates that the preparer of the SPDX document is not making any
assertion regarding the value of this field. This may
because no attempt was made to determine the value of this field,
or because the preparer prefers, for whatever reason,
not to make an assertion regarding the value.

Alternatively, we make these fields optional and define the absence of
a field to, somewhat obviously, mean "the preparer did not make any
assertion regarding the value". This was proposed on the technical
team but was not pursued because it was believed that the legal team
would strongly prefer an explicit "not analyzed" value. If that is
not, or is no longer, true then it might be a feasible approach.

Peter
openlogic.com


Re: Revisting proposed terminology definitions

Bill Schineller <bschineller@...>
 

Hi Scott,
  On Tech team call today, we discussed your feedback.  
  Our collective reading is that you were agreeing that 3 (three) distinct terms for no-value values are still appropriate.
  But that your primary issue is with the name and definition of the third term which we had proposed as NOTANALYZED.  

  Does your issue with the term ‘NOTANALYZED’ stem from reading ‘analyzed’ as implying use of a tool? We didn’t mean to imply that.  
 
  An assumption is that it is preferred for SPDX documents to explicitly state (by using one of AMBIGUOUS | NONE | NOTANALYZED) when concluded or declared license fields have no value (rather than by omitting the field).

  That said, we did not come up with a term to replace NOTANALYZED ,but we did expand on the definition.  
  Would you endorse the revised proposal below?  If not, can you please reply with counter-proposal?


AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field or
that the preparer of the SPDX document is not making any
assertion regarding the value of this field.  
 



On 5/2/11 5:35 PM, "Peterson, Scott K (HP Legal)" <scott.k.peterson@...> wrote:

I should have paid more attention to the definition of “AMBIGUOUS”.  I now see that that was intended to be used in any case where analysis was done and no determination was made - not only the cases where the value is ambiguous.
 
I would like to be able to say: “I am not making any assertion about the value of this field.” Period. Without making any representation about what analysis was or was not done. I don’t like being forced to assert whether analysis was done or not.
 
-- Scott
 
 

From: Kirsten Newcomer [mailto:knewcomer@...]
Sent: Monday, May 02, 2011 4:24 PM
To: Peterson, Scott K (HP Legal)
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions


Thanks very much for the comment, Scott.



You're correct that these terms fit into the categories you suggest:



Terms for "determined: include: AMBIGUOUS (I determined I was unable to determine a value) and NONE (I determined the correct value is NONE).



NONE is also used in a factual sense (I looked and found no data).



For "no attempt to determine": NOTANALYZED.



We think of analysis as any type of effort, whether visual review, tools analysis, or just asking the developer.



We were concerned that NOTDETERMINED could be interpreted as a conclusion (I looked, but couldn't figure it out). We thought it was important to have a term that conveys that no attempt to find info or make a determination was made.



Thoughts?



Kirsten
 

On May 2, 2011, at 4:04 PM, Peterson, Scott K (HP Legal) wrote:


Unfortunately, I will not be able to attend the legal meeting this week.



But, I would like to offer a comment on the proposed 3 no-value values:



I see terms for:

- determined

- no attempt to determine



What value does someone use if, after analysis, they concluded that they were unable to determine the value for this parameter?



I don’t think it is important whether something was subjected to analysis or not. What is important is whether a determination was made.



Thus, I suggest that the description for the third value might be better described as follows:



“Indicates that the preparer of the SPDX document did not determine the value of this field.”



Since ‘analysis’ isn’t key, the name for the value might be changed to something like:

NOTDETERMINED



-- Scott

 

 

From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Kirsten Newcomer
Sent: Monday, May 02, 2011 3:34 PM
To: spdx-legal@...
Cc: spdx-tech@...
Subject: Fwd: Revisting proposed terminology definitions



Hi all,



In reviewing the SPDX Specification at the Linux Collab Summit face-to-face, the team noticed that there was some inconsistency regarding the use of the terms UNKNOWN, UNDETERMINED, NONE, etc. After a detailed review of the occurrences of these terms, and much discussion, the SPDX Technical group has proposed the following replacement terminology.



We'd like to get sign-off from the Legal team before we finalize. Bill Schineller has volunteered to attend the Legal team meeting this week to review the proposal and collect feedback. Note that we need to finalize the terms we plan to use for beta.



Definitions:



AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field.





Occurrences/Use:





licenseDeclared or licenseInfoInFile fields can have one of 4 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED

           (Note: these fields do not use the AMBIGUOUS value; AMBIGUOUS is reserved for Concluded fields.)



licenseConcluded fields can have one of 5 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED

           AMBIGUOUS



licenseInfoFromFiles field can have one or more entries each of which has 4 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED



In addition, the fields packageDownloadLocation and artifactOfProjectHomePage can have one of 2 values:

           <URL>

           NONE



And the fields copyrightText, fileCopyrightText can have the value:

           <multiple lines of text>

           NONE



Thanks!



Kirsten



Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184
 


Bill Schineller
Knowledge Base Manager
Black Duck Software Inc.
T: +1.781.810.1829
F: +1.781.891.5145
E: bschineller@...
http://www.blackducksoftware.com


Re: Revisting proposed terminology definitions

Peterson, Scott K (HP Legal) <scott.k.peterson@...>
 

Bill --

 

I very much appreciate the attention that you and others are willing to pay to this point.

 

Personally, for me, two values would be enough:

- I have determined that there isn't any value for this field

- I am not making any statement about the value of this field

 

If others believe that there is utility in having a value that means:

- I tried to determine a value and gave up,

then I would not object to including such a third value.

 

As to this definition:

"Indicates that the preparer of the SPDX document made no attempt to determine the value of this field or that the preparer of the SPDX document is not making any assertion regarding the value of this field."

 

The beginning of the sentence leads one's expectations astray: "Indicates that the preparer of the SPDX document made no attempt to determine" is negated by the end of the sentence, which points out that this value, in fact, does not provide that information.

 

The following would correct the mis-set expectation:

"Whether or not the preparer of the SPDX document made any attempt to determine the value of this field, the preparer of the SPDX document is not making any assertion regarding the value of this field."

 

But the following simpler definition might be adequate:

"The preparer of the SPDX document is not making any assertion regarding the value of this field."

 

Once it is clear that the value is unrelated to whether analysis was or was not done, NOTANALYZED becomes misleading. I don't have any great suggestions for replacement. The best I can think of are NOVALUE or BLANK.

 

Finally, the only point about which I have a strong opinion is that I think it very important to have a value that means "I am not making any assertion about the value of this field." Period. With no additional baggage. No other implications about what was or was not done. Simply, "I'm not saying." It's what would typically be expressed by leaving something blank. Perhaps "BLANK" expresses it most clearly. BLANK is saying, "No, I didn't forget to fill this in. I explicitly want to leave it blank."

 

------

 

It is interesting to see how much nuance there can be in 'none'. Perhaps this is somehow related to the importance of the concept of zero -- a concept that is widely underappreciated.

 

-- Scott

 

From: Bill Schineller [mailto:bschineller@...]
Sent: Tuesday, May 03, 2011 3:15 PM
To: Peterson, Scott K (HP Legal); Kirsten Newcomer
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions

 

Hi Scott,
  On Tech team call today, we discussed your feedback.  
  Our collective reading is that you were agreeing that 3 (three) distinct terms for no-value values are still appropriate.
  But that your primary issue is with the name and definition of the third term which we had proposed as NOTANALYZED.  

  Does your issue with the term ‘NOTANALYZED’ stem from reading ‘analyzed’ as implying use of a tool? We didn’t mean to imply that.  
 
  An assumption is that it is preferred for SPDX documents to explicitly state (by using one of AMBIGUOUS | NONE | NOTANALYZED) when concluded or declared license fields have no value (rather than by omitting the field).

  That said, we did not come up with a term to replace NOTANALYZED ,but we did expand on the definition.  
  Would you endorse the revised proposal below?  If not, can you please reply with counter-proposal?


AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field or that the preparer of the SPDX document is not making any
assertion regarding the value of this field.  
 



On 5/2/11 5:35 PM, "Peterson, Scott K (HP Legal)" <scott.k.peterson@...> wrote:

I should have paid more attention to the definition of “AMBIGUOUS”.  I now see that that was intended to be used in any case where analysis was done and no determination was made - not only the cases where the value is ambiguous.
 
I would like to be able to say: “I am not making any assertion about the value of this field.” Period. Without making any representation about what analysis was or was not done. I don’t like being forced to assert whether analysis was done or not.
 
-- Scott
 
 

From: Kirsten Newcomer [mailto:knewcomer@...]
Sent: Monday, May 02, 2011 4:24 PM
To: Peterson, Scott K (HP Legal)
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions


Thanks very much for the comment, Scott.



You're correct that these terms fit into the categories you suggest:



Terms for "determined: include: AMBIGUOUS (I determined I was unable to determine a value) and NONE (I determined the correct value is NONE).


NONE is also used in a factual sense (I looked and found no data).




For "no attempt to determine": NOTANALYZED.



We think of analysis as any type of effort, whether visual review, tools analysis, or just asking the developer.



We were concerned that NOTDETERMINED could be interpreted as a conclusion (I looked, but couldn't figure it out). We thought it was important to have a term that conveys that no attempt to find info or make a determination was made.



Thoughts?



Kirsten
 

On May 2, 2011, at 4:04 PM, Peterson, Scott K (HP Legal) wrote:


Unfortunately, I will not be able to attend the legal meeting this week.



But, I would like to offer a comment on the proposed 3 no-value values:



I see terms for:

- determined

- no attempt to determine



What value does someone use if, after analysis, they concluded that they were unable to determine the value for this parameter?



I don’t think it is important whether something was subjected to analysis or not. What is important is whether a determination was made.



Thus, I suggest that the description for the third value might be better described as follows:



“Indicates that the preparer of the SPDX document did not determine the value of this field.”



Since ‘analysis’ isn’t key, the name for the value might be changed to something like:

NOTDETERMINED



-- Scott

 

 

From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Kirsten Newcomer
Sent: Monday, May 02, 2011 3:34 PM
To: spdx-legal@...
Cc: spdx-tech@...
Subject: Fwd: Revisting proposed terminology definitions



Hi all,



In reviewing the SPDX Specification at the Linux Collab Summit face-to-face, the team noticed that there was some inconsistency regarding the use of the terms UNKNOWN, UNDETERMINED, NONE, etc. After a detailed review of the occurrences of these terms, and much discussion, the SPDX Technical group has proposed the following replacement terminology.



We'd like to get sign-off from the Legal team before we finalize. Bill Schineller has volunteered to attend the Legal team meeting this week to review the proposal and collect feedback. Note that we need to finalize the terms we plan to use for beta.



Definitions:

 


AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field.

 




Occurrences/Use:




licenseDeclared or licenseInfoInFile fields can have one of 4 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED

           (Note: these fields do not use the AMBIGUOUS value; AMBIGUOUS is reserved for Concluded fields.)



licenseConcluded fields can have one of 5 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED

           AMBIGUOUS



licenseInfoFromFiles field can have one or more entries each of which has 4 possible values:

           <short-form-identifier>

           LicenseRef-N

           NONE

           NOTANALYZED



In addition, the fields packageDownloadLocation and artifactOfProjectHomePage can have one of 2 values:

           <URL>

           NONE



And the fields copyrightText, fileCopyrightText can have the value:

           <multiple lines of text>

           NONE


Thanks!



Kirsten



Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184
 


Bill Schineller
Knowledge Base Manager
Black Duck Software Inc.
T: +1.781.810.1829
F: +1.781.891.5145
E: bschineller@...
http://www.blackducksoftware.com


Re: Revisting proposed terminology definitions

Peter Williams <peter.williams@...>
 

On Tue, May 3, 2011 at 4:35 PM, Peterson, Scott K (HP Legal)
<scott.k.peterson@...> wrote:
But the following simpler definition might be adequate:

"The preparer of the SPDX document is not making any assertion regarding the
value of this field."

Once it is clear that the value is unrelated to whether analysis was or was
not done, NOTANALYZED becomes misleading. I don't have any great suggestions
for replacement. The best I can think of are NOVALUE or BLANK.
Your point about `NOTANALYZED` being misleading is spot on, i think.
I like `BLANK` pretty well, and i like your simplified definition for
it.

Peter
openlogic.com


Re: Revisting proposed terminology definitions

Jilayne Lovejoy <jilayne.lovejoy@...>
 

Hi All,

Sorry to be a bit late to the party on this.  It took me a bit to grok all this, as it feels like we went over this before in one of the legal meetings awhile ago, but as correctly stated, the nuances are crucial!

I generally agree with what Scott has said below, but wanted to see if I have this right in terms of options for each field:

6.4 Concluded License: field can be any of the following:
i) SPDX standard license short identifier
ii) Copy of concluded license if not on SPDX list
iii) NONE - Indicates that the preparer of the SDPX document has determined that this field has no value.  This determination must be based on some evidence (recorded in the comments field).
iv) BLANK - The preparer of the SPDX document is not making any assertion regarding the value of this field.

6.5 License Info in File
i) SPDX standard license short identifier
ii) Copy of concluded license if not on SPDX list
iii) NONE - There is no license information present in the file.
iv) BLANK - The file was not examined.

Did I miss anything?  If not, the usage of “none” and “blank” for both fields does create a nice efficient symmetry.  I think this is okay, as they have mostly the same meaning with slightly different nuances for each field.  Thoughts?

On a related note, I just uploaded a new version of the License List (v1.9) with a few minor corrections.  There was a problem last time with a corrupted Excel file.  I think I resolved this on the new version, but  if someone could try downloading both to make sure they are readable, that would be great.  I also removed all the previous version to make that page less cluttered, as per our last legal team discussion on the issue.

Once the values above are finalized, I will add them to the list as well, as per Gary’s request.

Cheers,
Jilayne

On 5/3/11 4:35 PM, "Scott Peterson" <scott.k.peterson@...> wrote:

Bill --
 
I very much appreciate the attention that you and others are willing to pay to this point.
 
Personally, for me, two values would be enough:
- I have determined that there isn't any value for this field
- I am not making any statement about the value of this field
 
If others believe that there is utility in having a value that means:
- I tried to determine a value and gave up,
then I would not object to including such a third value.
 
As to this definition:
"Indicates that the preparer of the SPDX document made no attempt to determine the value of this field or that the preparer of the SPDX document is not making any assertion regarding the value of this field."
 
The beginning of the sentence leads one's expectations astray: "Indicates that the preparer of the SPDX document made no attempt to determine" is negated by the end of the sentence, which points out that this value, in fact, does not provide that information.
 
The following would correct the mis-set expectation:
"Whether or not the preparer of the SPDX document made any attempt to determine the value of this field, the preparer of the SPDX document is not making any assertion regarding the value of this field."
 
But the following simpler definition might be adequate:
"The preparer of the SPDX document is not making any assertion regarding the value of this field."
 
Once it is clear that the value is unrelated to whether analysis was or was not done, NOTANALYZED becomes misleading. I don't have any great suggestions for replacement. The best I can think of are NOVALUE or BLANK.
 
Finally, the only point about which I have a strong opinion is that I think it very important to have a value that means "I am not making any assertion about the value of this field." Period. With no additional baggage. No other implications about what was or was not done. Simply, "I'm not saying." It's what would typically be expressed by leaving something blank. Perhaps "BLANK" expresses it most clearly. BLANK is saying, "No, I didn't forget to fill this in. I explicitly want to leave it blank."
 
------
 
It is interesting to see how much nuance there can be in 'none'. Perhaps this is somehow related to the importance of the concept of zero -- a concept that is widely underappreciated.
 
-- Scott
 

From: Bill Schineller [mailto:bschineller@...]
Sent: Tuesday, May 03, 2011 3:15 PM
To: Peterson, Scott K (HP Legal); Kirsten Newcomer
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions

Hi Scott,
  On Tech team call today, we discussed your feedback.  
  Our collective reading is that you were agreeing that 3 (three) distinct terms for no-value values are still appropriate.
  But that your primary issue is with the name and definition of the third term which we had proposed as NOTANALYZED.  

  Does your issue with the term ‘NOTANALYZED’ stem from reading ‘analyzed’ as implying use of a tool? We didn’t mean to imply that.  
 
  An assumption is that it is preferred for SPDX documents to explicitly state (by using one of AMBIGUOUS | NONE | NOTANALYZED) when concluded or declared license fields have no value (rather than by omitting the field).

  That said, we did not come up with a term to replace NOTANALYZED ,but we did expand on the definition.  
  Would you endorse the revised proposal below?  If not, can you please reply with counter-proposal?


AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field or
that the preparer of the SPDX document is not making any
assertion regarding the value of this field.  
 



On 5/2/11 5:35 PM, "Peterson, Scott K (HP Legal)" <scott.k.peterson@...> wrote:
I should have paid more attention to the definition of “AMBIGUOUS”.  I now see that that was intended to be used in any case where analysis was done and no determination was made - not only the cases where the value is ambiguous.
 
I would like to be able to say: “I am not making any assertion about the value of this field.” Period. Without making any representation about what analysis was or was not done. I don’t like being forced to assert whether analysis was done or not.
 
-- Scott
 
 

From: Kirsten Newcomer [mailto:knewcomer@...]
Sent: Monday, May 02, 2011 4:24 PM
To: Peterson, Scott K (HP Legal)
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Revisting proposed terminology definitions


Thanks very much for the comment, Scott.



You're correct that these terms fit into the categories you suggest:



Terms for "determined: include: AMBIGUOUS (I determined I was unable to determine a value) and NONE (I determined the correct value is NONE).



NONE is also used in a factual sense (I looked and found no data).



For "no attempt to determine": NOTANALYZED.



We think of analysis as any type of effort, whether visual review, tools analysis, or just asking the developer.



We were concerned that NOTDETERMINED could be interpreted as a conclusion (I looked, but couldn't figure it out). We thought it was important to have a term that conveys that no attempt to find info or make a determination was made.



Thoughts?



Kirsten
 

On May 2, 2011, at 4:04 PM, Peterson, Scott K (HP Legal) wrote:


Unfortunately, I will not be able to attend the legal meeting this week.



But, I would like to offer a comment on the proposed 3 no-value values:



I see terms for:

- determined

- no attempt to determine



What value does someone use if, after analysis, they concluded that they were unable to determine the value for this parameter?



I don’t think it is important whether something was subjected to analysis or not. What is important is whether a determination was made.



Thus, I suggest that the description for the third value might be better described as follows:



“Indicates that the preparer of the SPDX document did not determine the value of this field.”



Since ‘analysis’ isn’t key, the name for the value might be changed to something like:

NOTDETERMINED



-- Scott

 

 

From: spdx-legal-bounces@... [mailto:spdx-legal-bounces@...] On Behalf Of Kirsten Newcomer
Sent: Monday, May 02, 2011 3:34 PM
To: spdx-legal@...
Cc: spdx-tech@...
Subject: Fwd: Revisting proposed terminology definitions



Hi all,



In reviewing the SPDX Specification at the Linux Collab Summit face-to-face, the team noticed that there was some inconsistency regarding the use of the terms UNKNOWN, UNDETERMINED, NONE, etc. After a detailed review of the occurrences of these terms, and much discussion, the SPDX Technical group has proposed the following replacement terminology.



We'd like to get sign-off from the Legal team before we finalize. Bill Schineller has volunteered to attend the Legal team meeting this week to review the proposal and collect feedback. Note that we need to finalize the terms we plan to use for beta.



Definitions:


AMBIGUOUS
Indicates that the preparer of the SPDX document was not able to
settle on a value for the field.  Some attempt to determine the value
must have been made before using this value.

NONE
Indicates that the preparer of the SDPX document has determined that
this field has no value.  This determination must be based on some
evidence.

NOTANALYZED
Indicates that the preparer of the SPDX document made no attempt to
determine the value of this field.




Occurrences/Use:





licenseDeclared or licenseInfoInFile fields can have one of 4 possible values:

          <short-form-identifier>

          LicenseRef-N

          NONE

          NOTANALYZED

          (Note: these fields do not use the AMBIGUOUS value; AMBIGUOUS is reserved for Concluded fields.)



licenseConcluded fields can have one of 5 possible values:

          <short-form-identifier>

          LicenseRef-N

          NONE

          NOTANALYZED

          AMBIGUOUS



licenseInfoFromFiles field can have one or more entries each of which has 4 possible values:

          <short-form-identifier>

          LicenseRef-N

          NONE

          NOTANALYZED



In addition, the fields packageDownloadLocation and artifactOfProjectHomePage can have one of 2 values:

          <URL>

          NONE



And the fields copyrightText, fileCopyrightText can have the value:

          <multiple lines of text>

          NONE



Thanks!



Kirsten



Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184
 

Bill Schineller
Knowledge Base Manager
Black Duck Software Inc.
T: +1.781.810.1829
F: +1.781.891.5145
E: bschineller@...
http://www.blackducksoftware.com


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Agenda -- SPDX Legal Workstream Call 11-May-2011

Esteban Rockett <mgia3940@...>
 

All:

Below please find a proposed agenda for today's call:

(1) Discuss the Technical Workstream's Proposal to "compress" and "eliminate" blank designations in Section 5.3 of the spec. (Section 5.3 is reproduced below for ease of convenience.)

(2) Re-visit the "licensing/legal terms/disclaimer" for the SPDX meta-data issue, including reaction after all have reviewed the Open Data Commons PDDL 1.0
(http://www.opendatacommons.org/licenses/pddl/1.0/).

Many thanks,

Rockett


** Section 5.3 **

5.3a Concluded License(s)

5.3a.1 Purpose: This field contains the license the reviewer has concluded as
governing the file, if it can be determined. The options to populate this
field are limited to: (a) the SPDX standardized license short form identifier;
this should be used when the concluded license is on the SPDX standardized
license short list; (b) a verbatim copy of the concluded license when the
concluded license is not on the SPDX standardized license short list
(“non-standard license”); (c) “UNDETERMINED”; this should be used (i)
if the reviewer has attempted to but cannot reach a reasonable objective
determination of the concluded license, or (ii) if the reviewer is
uncomfortable concluding a license, despite some license information being
available; or (d) left blank; this should be used if the reviewer has made no
attempt to arrive at a concluded license. With respect to “a” and “b”
above, if there is more than one concluded license, all should be recited. If
the recipient has a choice of multiple licenses, then each of the choices
should be recited as a "disjunctive" license. With respect to “c”, a
written explanation must be provided in the License Comments field below.
Lastly, if the Conclude License(s) conflicts with the License Information in
File, a written explanation must be provided in the License Comments field
below.

5.3a.2 Intent: Here, the intent is to have the reviewer analyze the License
Information in File and other objective information, e.g., “COPYING FILE”,
etc., together with the results from any scanning tools, to arrive at a
reasonably objective conclusion as to what license is governing the file.

5.3a.3 Cardinality: Mandatory, one or many.

5.3a.4 Tag: "LicenseConcluded:"

5.3a.5 RDF: TBD (include Disjunctive form here)

5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

5.3a.7 Example:

LicenseConcluded: GPL-2.0

LicenseConcluded: FullLicenseInformation

5.3b License Information in File

5.3b.1 Purpose: This field contains the license information actually recited in
the file, if any. Any license information not actually in the file, e.g.,
“COPYING FILE”, etc., should not be reflected in this field. This
information is most commonly found in the header of the file, although it may
be in other areas of the actual file. The options to populate this field are
limited to: (a) the SPDX standardized license short form identifier; this
should be used when the license is on the SPDX standardized license short list
and has no ambiguous or superfluous text; (b) a verbatim copy of the license
information the file when the license information in the file is not on the
SPDX standardized license short list (“non-standard license”); (c)
“NONE”; this should be used if the actual file contains no license
information; or (d) left blank; this should be used if the reviewer has not
examined the contents of the actual files. With respect to “a” and “b”
above, if license information for more than one license is recited in the file,
all should be reflected in this field. If the license information offers the
recipient a choice of licenses, then each of the choices should be recited as a
"disjunctive" licenses.

5.ba.2 Intent: Here, the intent is to provide the reader with the license
information actually in the file, as compared to the Concluded License field.

5.3b.3 Cardinality: Mandatory, one or many.

5.3b.4 Tag: "LicenseInfoInFile:"

5.3b.5 RDF: TBD (not including disjunctive form, if multiple many should be
specified )

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

5.3b.7 Example:

LicenseInfoInFile: GPL-2.0

LicenseInfoInFile: FullLicenseInformation

5.3c License Comments

5.3c.1 Purpose: This field is a detailed description of the analysis and any
relevant background references that went in to arriving at the Concluded
License(s) for a file. If the Concluded License(s) does not match the License
Information in File, such rationale must be recited by the reviewer in this
field. This field is also where an explanation must be recited if the reviewer
placed “UNDETERMINED” as the Conclude License(s).

5.3c.2 Intent: Here, the intent is to provide the reader with a detailed
explanation of how the Concluded License(s) was determined if it does not match
the License Information in File, is marked “UNDETERMINED”, or other helpful
information for the reader relevant to determining the license of the file.

5.3c.3 Cardinality: Optional, single instance

5.3c.4 Tag: "LicenseComments:"

5.3c.5 RDF: TBD

5.3c.6 Data Format: free form text than can span multiple lines, preceded with
<text> and ending with </text>.

5.3c.7 Example: LicenseComments: <text> The Concluded License(s) was taken from
the package level that the file was included in. This information was found in
the COPYING.txt file in the xyz directory. </text>

***


Re: Agenda -- SPDX Legal Workstream Call 11-May-2011

Kirsten Newcomer <knewcomer@...>
 

Hi all, 

Just to restate the Technical team proposal:
Instead of 
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

Technical team proposes:
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | NONE | NOASSERTION

and 

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

Technical team proposes:
5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | NOASSERTION

Thanks!

Kirsten

Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184

On May 11, 2011, at 7:47 AM, Esteban Rockett wrote:

All:

Below please find a proposed agenda for today's call:

(1) Discuss the Technical Workstream's Proposal to "compress" and "eliminate" blank designations in Section 5.3 of the spec.  (Section 5.3 is reproduced below for ease of convenience.)

(2) Re-visit the "licensing/legal terms/disclaimer" for the SPDX meta-data issue, including reaction after all have reviewed the Open Data Commons PDDL 1.0
(http://www.opendatacommons.org/licenses/pddl/1.0/).  

Many thanks,

Rockett


** Section 5.3 **

5.3a Concluded License(s)

5.3a.1 Purpose:  This field contains the license the reviewer has concluded as
governing the file, if it can be determined.  The options to populate this
field are limited to: (a) the SPDX standardized license short form identifier;
this should be used when the concluded license is on the SPDX standardized
license short list; (b) a verbatim copy of the concluded license when the
concluded license is not on the SPDX standardized license short list
(“non-standard license”); (c) “UNDETERMINED”; this should be used (i)
if the reviewer has attempted to but cannot reach a reasonable objective
determination of the concluded license, or (ii) if the reviewer is
uncomfortable concluding a license, despite some license information being
available; or (d) left blank; this should be used if the reviewer has made no
attempt to arrive at a concluded license.  With respect to “a” and “b”
above, if there is more than one concluded license, all should be recited.  If
the recipient has a choice of multiple licenses, then each of the choices
should be recited as a "disjunctive" license.  With respect to “c”, a
written explanation must be provided in the License Comments field below.
Lastly, if the Conclude License(s) conflicts with the License Information in
File, a written explanation must be provided in the License Comments field
below.

5.3a.2 Intent:  Here, the intent is to have the reviewer analyze the License
Information in File and other objective information, e.g., “COPYING FILE”,
etc., together with the results from any scanning tools, to arrive at a
reasonably objective conclusion as to what license is governing the file.

5.3a.3 Cardinality:  Mandatory, one or many.

5.3a.4 Tag: "LicenseConcluded:"

5.3a.5 RDF: TBD  (include Disjunctive form here)

5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

5.3a.7 Example:

LicenseConcluded: GPL-2.0

LicenseConcluded: FullLicenseInformation

5.3b License Information in File

5.3b.1 Purpose: This field contains the license information actually recited in
the file, if any.  Any license information not actually in the file, e.g.,
“COPYING FILE”, etc., should not be reflected in this field.  This
information is most commonly found in the header of the file, although it may
be in other areas of the actual file. The options to populate this field are
limited to: (a) the SPDX standardized license short form identifier; this
should be used when the license is on the SPDX standardized license short list
and has no ambiguous or superfluous text; (b) a verbatim copy of the license
information the file when the license information in the file is not on the
SPDX standardized license short list (“non-standard license”); (c)
“NONE”; this should be used if the actual file contains no license
information; or (d) left blank; this should be used if the reviewer has not
examined the contents of the actual files.  With respect to “a” and “b”
above, if license information for more than one license is recited in the file,
all should be reflected in this field.  If the license information offers the
recipient a choice of licenses, then each of the choices should be recited as a
"disjunctive" licenses.

5.ba.2 Intent:  Here, the intent is to provide the reader with the license
information actually in the file, as compared to the Concluded License field.

5.3b.3 Cardinality:  Mandatory, one or many.

5.3b.4 Tag: "LicenseInfoInFile:"

5.3b.5 RDF: TBD (not including disjunctive form, if multiple many should be
specified )

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

5.3b.7 Example:

LicenseInfoInFile: GPL-2.0

LicenseInfoInFile: FullLicenseInformation

5.3c License Comments

5.3c.1 Purpose: This field is a detailed description of the analysis and any
relevant background references that went in to arriving at the Concluded
License(s) for a file.  If the Concluded License(s) does not match the License
Information in File, such rationale must be recited by the reviewer in this
field. This field is also where an explanation must be recited if the reviewer
placed “UNDETERMINED” as the Conclude License(s).

5.3c.2 Intent:  Here, the intent is to provide the reader with a detailed
explanation of how the Concluded License(s) was determined if it does not match
the License Information in File, is marked “UNDETERMINED”, or other helpful
information for the reader relevant to determining the license of the file.

5.3c.3 Cardinality: Optional, single instance

5.3c.4 Tag: "LicenseComments:"

5.3c.5 RDF: TBD

5.3c.6 Data Format: free form text than can span multiple lines, preceded with
<text> and ending with </text>.

5.3c.7 Example: LicenseComments: <text> The Concluded License(s) was taken from
the package level that the file was included in.  This information was found in
the COPYING.txt file in the xyz directory. </text>

***
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Re: Agenda -- SPDX Legal Workstream Call 11-May-2011

Kirsten Newcomer <knewcomer@...>
 

Should have included the definitions. Here they are:

Definitions:
NONE
“Indicates that the preparer of the SDPX document has determined that
this field has no value.”

NOASSERTION  
“Indicates that the preparer of the SPDX document is not making any assertion
regarding the value of this field.

On May 11, 2011, at 11:06 AM, Kirsten Newcomer wrote:

Hi all, 

Just to restate the Technical team proposal:
Instead of 
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

Technical team proposes:
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | NONE | NOASSERTION

and 

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

Technical team proposes:
5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | NOASSERTION

Thanks!

Kirsten

Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184

On May 11, 2011, at 7:47 AM, Esteban Rockett wrote:

All:

Below please find a proposed agenda for today's call:

(1) Discuss the Technical Workstream's Proposal to "compress" and "eliminate" blank designations in Section 5.3 of the spec.  (Section 5.3 is reproduced below for ease of convenience.)

(2) Re-visit the "licensing/legal terms/disclaimer" for the SPDX meta-data issue, including reaction after all have reviewed the Open Data Commons PDDL 1.0
(http://www.opendatacommons.org/licenses/pddl/1.0/).  

Many thanks,

Rockett


** Section 5.3 **

5.3a Concluded License(s)

5.3a.1 Purpose:  This field contains the license the reviewer has concluded as
governing the file, if it can be determined.  The options to populate this
field are limited to: (a) the SPDX standardized license short form identifier;
this should be used when the concluded license is on the SPDX standardized
license short list; (b) a verbatim copy of the concluded license when the
concluded license is not on the SPDX standardized license short list
(“non-standard license”); (c) “UNDETERMINED”; this should be used (i)
if the reviewer has attempted to but cannot reach a reasonable objective
determination of the concluded license, or (ii) if the reviewer is
uncomfortable concluding a license, despite some license information being
available; or (d) left blank; this should be used if the reviewer has made no
attempt to arrive at a concluded license.  With respect to “a” and “b”
above, if there is more than one concluded license, all should be recited.  If
the recipient has a choice of multiple licenses, then each of the choices
should be recited as a "disjunctive" license.  With respect to “c”, a
written explanation must be provided in the License Comments field below.
Lastly, if the Conclude License(s) conflicts with the License Information in
File, a written explanation must be provided in the License Comments field
below.

5.3a.2 Intent:  Here, the intent is to have the reviewer analyze the License
Information in File and other objective information, e.g., “COPYING FILE”,
etc., together with the results from any scanning tools, to arrive at a
reasonably objective conclusion as to what license is governing the file.

5.3a.3 Cardinality:  Mandatory, one or many.

5.3a.4 Tag: "LicenseConcluded:"

5.3a.5 RDF: TBD  (include Disjunctive form here)

5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

5.3a.7 Example:

LicenseConcluded: GPL-2.0

LicenseConcluded: FullLicenseInformation

5.3b License Information in File

5.3b.1 Purpose: This field contains the license information actually recited in
the file, if any.  Any license information not actually in the file, e.g.,
“COPYING FILE”, etc., should not be reflected in this field.  This
information is most commonly found in the header of the file, although it may
be in other areas of the actual file. The options to populate this field are
limited to: (a) the SPDX standardized license short form identifier; this
should be used when the license is on the SPDX standardized license short list
and has no ambiguous or superfluous text; (b) a verbatim copy of the license
information the file when the license information in the file is not on the
SPDX standardized license short list (“non-standard license”); (c)
“NONE”; this should be used if the actual file contains no license
information; or (d) left blank; this should be used if the reviewer has not
examined the contents of the actual files.  With respect to “a” and “b”
above, if license information for more than one license is recited in the file,
all should be reflected in this field.  If the license information offers the
recipient a choice of licenses, then each of the choices should be recited as a
"disjunctive" licenses.

5.ba.2 Intent:  Here, the intent is to provide the reader with the license
information actually in the file, as compared to the Concluded License field.

5.3b.3 Cardinality:  Mandatory, one or many.

5.3b.4 Tag: "LicenseInfoInFile:"

5.3b.5 RDF: TBD (not including disjunctive form, if multiple many should be
specified )

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

5.3b.7 Example:

LicenseInfoInFile: GPL-2.0

LicenseInfoInFile: FullLicenseInformation

5.3c License Comments

5.3c.1 Purpose: This field is a detailed description of the analysis and any
relevant background references that went in to arriving at the Concluded
License(s) for a file.  If the Concluded License(s) does not match the License
Information in File, such rationale must be recited by the reviewer in this
field. This field is also where an explanation must be recited if the reviewer
placed “UNDETERMINED” as the Conclude License(s).

5.3c.2 Intent:  Here, the intent is to provide the reader with a detailed
explanation of how the Concluded License(s) was determined if it does not match
the License Information in File, is marked “UNDETERMINED”, or other helpful
information for the reader relevant to determining the license of the file.

5.3c.3 Cardinality: Optional, single instance

5.3c.4 Tag: "LicenseComments:"

5.3c.5 RDF: TBD

5.3c.6 Data Format: free form text than can span multiple lines, preceded with
<text> and ending with </text>.

5.3c.7 Example: LicenseComments: <text> The Concluded License(s) was taken from
the package level that the file was included in.  This information was found in
the COPYING.txt file in the xyz directory. </text>

***
_______________________________________________
Spdx-legal mailing list
Spdx-legal@...
https://fossbazaar.org/mailman/listinfo/spdx-legal



Agenda -- SPDX Legal Workstream Call 11-May-2011

Esteban Rockett <mgia3940@...>
 



Begin forwarded message:

From: Kirsten Newcomer <knewcomer@...>
Date: May 11, 2011 8:08:26 AM PDT
To: Kirsten Newcomer <knewcomer@...>
Cc: Esteban Rockett <mgia3940@...>, "spdx-legal@..." <spdx-legal@...>
Subject: Re: Agenda -- SPDX Legal Workstream Call 11-May-2011

Should have included the definitions. Here they are:

Definitions:
NONE
“Indicates that the preparer of the SDPX document has determined that
this field has no value.”

NOASSERTION  
“Indicates that the preparer of the SPDX document is not making any assertion
regarding the value of this field.

On May 11, 2011, at 11:06 AM, Kirsten Newcomer wrote:

Hi all, 

Just to restate the Technical team proposal:
Instead of 
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

Technical team proposes:
5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | NONE | NOASSERTION

and 

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

Technical team proposes:
5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | NOASSERTION

Thanks!

Kirsten

Kirsten Newcomer
Senior Product Manager
Black Duck Software, Inc.

knewcomer@...
Office: +1.781.810.1839   Mobile: +1.781-710-2184

On May 11, 2011, at 7:47 AM, Esteban Rockett wrote:

All:

Below please find a proposed agenda for today's call:

(1) Discuss the Technical Workstream's Proposal to "compress" and "eliminate" blank designations in Section 5.3 of the spec.  (Section 5.3 is reproduced below for ease of convenience.)

(2) Re-visit the "licensing/legal terms/disclaimer" for the SPDX meta-data issue, including reaction after all have reviewed the Open Data Commons PDDL 1.0
(http://www.opendatacommons.org/licenses/pddl/1.0/).  

Many thanks,

Rockett


** Section 5.3 **

5.3a Concluded License(s)

5.3a.1 Purpose:  This field contains the license the reviewer has concluded as
governing the file, if it can be determined.  The options to populate this
field are limited to: (a) the SPDX standardized license short form identifier;
this should be used when the concluded license is on the SPDX standardized
license short list; (b) a verbatim copy of the concluded license when the
concluded license is not on the SPDX standardized license short list
(“non-standard license”); (c) “UNDETERMINED”; this should be used (i)
if the reviewer has attempted to but cannot reach a reasonable objective
determination of the concluded license, or (ii) if the reviewer is
uncomfortable concluding a license, despite some license information being
available; or (d) left blank; this should be used if the reviewer has made no
attempt to arrive at a concluded license.  With respect to “a” and “b”
above, if there is more than one concluded license, all should be recited.  If
the recipient has a choice of multiple licenses, then each of the choices
should be recited as a "disjunctive" license.  With respect to “c”, a
written explanation must be provided in the License Comments field below.
Lastly, if the Conclude License(s) conflicts with the License Information in
File, a written explanation must be provided in the License Comments field
below.

5.3a.2 Intent:  Here, the intent is to have the reviewer analyze the License
Information in File and other objective information, e.g., “COPYING FILE”,
etc., together with the results from any scanning tools, to arrive at a
reasonably objective conclusion as to what license is governing the file.

5.3a.3 Cardinality:  Mandatory, one or many.

5.3a.4 Tag: "LicenseConcluded:"

5.3a.5 RDF: TBD  (include Disjunctive form here)

5.3a.6 Data Format: <short form identifier in Appendix I> |
"LicenseConcluded"-N | UNDETERMINED | (left blank)

5.3a.7 Example:

LicenseConcluded: GPL-2.0

LicenseConcluded: FullLicenseInformation

5.3b License Information in File

5.3b.1 Purpose: This field contains the license information actually recited in
the file, if any.  Any license information not actually in the file, e.g.,
“COPYING FILE”, etc., should not be reflected in this field.  This
information is most commonly found in the header of the file, although it may
be in other areas of the actual file. The options to populate this field are
limited to: (a) the SPDX standardized license short form identifier; this
should be used when the license is on the SPDX standardized license short list
and has no ambiguous or superfluous text; (b) a verbatim copy of the license
information the file when the license information in the file is not on the
SPDX standardized license short list (“non-standard license”); (c)
“NONE”; this should be used if the actual file contains no license
information; or (d) left blank; this should be used if the reviewer has not
examined the contents of the actual files.  With respect to “a” and “b”
above, if license information for more than one license is recited in the file,
all should be reflected in this field.  If the license information offers the
recipient a choice of licenses, then each of the choices should be recited as a
"disjunctive" licenses.

5.ba.2 Intent:  Here, the intent is to provide the reader with the license
information actually in the file, as compared to the Concluded License field.

5.3b.3 Cardinality:  Mandatory, one or many.

5.3b.4 Tag: "LicenseInfoInFile:"

5.3b.5 RDF: TBD (not including disjunctive form, if multiple many should be
specified )

5.3b.6 Data Format: <short form identifier in Appendix I> |
"LicenseInfoInFile"-N | NONE | (left blank)

5.3b.7 Example:

LicenseInfoInFile: GPL-2.0

LicenseInfoInFile: FullLicenseInformation

5.3c License Comments

5.3c.1 Purpose: This field is a detailed description of the analysis and any
relevant background references that went in to arriving at the Concluded
License(s) for a file.  If the Concluded License(s) does not match the License
Information in File, such rationale must be recited by the reviewer in this
field. This field is also where an explanation must be recited if the reviewer
placed “UNDETERMINED” as the Conclude License(s).

5.3c.2 Intent:  Here, the intent is to provide the reader with a detailed
explanation of how the Concluded License(s) was determined if it does not match
the License Information in File, is marked “UNDETERMINED”, or other helpful
information for the reader relevant to determining the license of the file.

5.3c.3 Cardinality: Optional, single instance

5.3c.4 Tag: "LicenseComments:"

5.3c.5 RDF: TBD

5.3c.6 Data Format: free form text than can span multiple lines, preceded with
<text> and ending with </text>.

5.3c.7 Example: LicenseComments: <text> The Concluded License(s) was taken from
the package level that the file was included in.  This information was found in
the COPYING.txt file in the xyz directory. </text>

***
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Updated license list and some other things

Jilayne Lovejoy <jilayne.lovejoy@...>
 

Hi All,

I uploaded a new version (1.10) of the License List to the SPDX site.  I have added the new terms, NONE and NOASSERTION with the definitions Kirsten circulated entered into the "notes" column of the spreadsheet.  I also added a generic PUBLIC DOMAIN option.  I did not make short identifiers for these.  (I started to, using "NONE," "PD," and when I got to shortening NOASSERTION, well, I got a bit stuck... Which made me wonder if these need short identifiers since they aren't actually licenses?)

As a result of the public domain question coming up on the call yesterday, I think I stated that the CC Zero license was on the list, but discovered it was not, so I added that as well.  This then made me realize that there are a couple common public domain dedictions/notices (I'm trying not to call these licenses!) for commonly used projects that I've seen come up often in audits - namely, ANTLR (versions prior to 3.0) and SAX.  So, I added these too.  Considering our time frame at this point and Gary needing an updated list, I realize I made a unilateral decision here (!), but figured it would be easier to delete on the fly than add.  In any case, all the changes/additions on the list are in red text so if you all want to take a look, it will be easy to find them.  Thoughts?

Regarding the commented and updated .pdf that Kirsten's sent I think the description of the fields that we changes the options for probably needs to be updated as well (I had a hard time seeing the text with the comments, so maybe I'm wrong on this).  I will try to tackle that later today, as needed, and send another email.

Cheers,

Jilayne Lovejoy |  Corporate Counsel
jlovejoy@...

720 240 4545  |  phone
720 240 4556  |  fax
1 888 OpenLogic  |  toll free
www.openlogic.com

OpenLogic, Inc.
10910 W 120th Ave, Suite 450
Broomfield, Colorado 80021


Re: Updated license list and some other things

Kate Stewart <kate.stewart@...>
 

On Thu, 2011-05-12 at 09:35 -0600, Jilayne Lovejoy wrote:
Hi All,

I uploaded a new version (1.10) of the License List to the SPDX site.
I have added the new terms, NONE and NOASSERTION with the definitions
Kirsten circulated entered into the "notes" column of the spreadsheet.
Sounds good. Thanks

I also added a generic PUBLIC DOMAIN option. I did not make short
identifiers for these. (I started to, using "NONE," "PD," and when I
got to shortening NOASSERTION, well, I got a bit stuck... Which made
me wonder if these need short identifiers since they aren't actually
licenses?)
Can we use PUBLICDOMAIN? It would follow the naming pattern of
NOASSERTION and be pretty clear what it means at a glance.

As a result of the public domain question coming up on the call
yesterday, I think I stated that the CC Zero license was on the list,
but discovered it was not, so I added that as well. This then made me
realize that there are a couple common public domain
dedictions/notices (I'm trying not to call these licenses!) for
commonly used projects that I've seen come up often in audits -
namely, ANTLR (versions prior to 3.0) and SAX. So, I added these
too. Considering our time frame at this point and Gary needing an
updated list, I realize I made a unilateral decision here (!), but
figured it would be easier to delete on the fly than add. In any
case, all the changes/additions on the list are in red text so if you
all want to take a look, it will be easy to find them. Thoughts?
Seems like a reasonable plan to me. As you say, we can delete easier
than add after this point. Can discussion of these go on the agenda for
the next legal call?

Regarding the commented and updated .pdf that Kirsten's sent I think
the description of the fields that we changes the options for probably
needs to be updated as well (I had a hard time seeing the text with
the comments, so maybe I'm wrong on this). I will try to tackle that
later today, as needed, and send another email.
Sounds good.

Kate


Re: Updated license list and some other things

Jilayne Lovejoy <jilayne.lovejoy@...>
 

On 5/12/11 9:19 PM, "Kate Stewart" <kate.stewart@...> wrote:

On Thu, 2011-05-12 at 09:35 -0600, Jilayne Lovejoy wrote:
Hi All,

I uploaded a new version (1.10) of the License List to the SPDX site.
I have added the new terms, NONE and NOASSERTION with the definitions
Kirsten circulated entered into the "notes" column of the spreadsheet.
Sounds good. Thanks

I also added a generic PUBLIC DOMAIN option. I did not make short
identifiers for these. (I started to, using "NONE," "PD," and when I
got to shortening NOASSERTION, well, I got a bit stuck... Which made
me wonder if these need short identifiers since they aren't actually
licenses?)
Can we use PUBLICDOMAIN? It would follow the naming pattern of
NOASSERTION and be pretty clear what it means at a glance.
Well, that would be pretty clear, now wouldn't it! I guess I thought those
would both be too long, but looking at the "short" ids for the CC licenses,
those get up to 15 characters, so I guess PUBLICDOMAIN and NOASSERTION at 12
and 11 characters would be just fine. Duh! I'll make that change to the
spreadsheet and reupload. (sorry Gary!)

As a result of the public domain question coming up on the call
yesterday, I think I stated that the CC Zero license was on the list,
but discovered it was not, so I added that as well. This then made me
realize that there are a couple common public domain
dedictions/notices (I'm trying not to call these licenses!) for
commonly used projects that I've seen come up often in audits -
namely, ANTLR (versions prior to 3.0) and SAX. So, I added these
too. Considering our time frame at this point and Gary needing an
updated list, I realize I made a unilateral decision here (!), but
figured it would be easier to delete on the fly than add. In any
case, all the changes/additions on the list are in red text so if you
all want to take a look, it will be easy to find them. Thoughts?
Seems like a reasonable plan to me. As you say, we can delete easier
than add after this point. Can discussion of these go on the agenda for
the next legal call?
Will remember to have Rockett put in on the agenda.

Regarding the commented and updated .pdf that Kirsten's sent I think
the description of the fields that we changes the options for probably
needs to be updated as well (I had a hard time seeing the text with
the comments, so maybe I'm wrong on this). I will try to tackle that
later today, as needed, and send another email.
Sounds good.
In process... Looks like it will be "tomorrow" :)

Kate
Jilayne Lovejoy | Corporate Counsel
jlovejoy@...

720 240 4545 | phone
720 240 4556 | fax
1 888 OpenLogic | toll free
www.openlogic.com

OpenLogic, Inc.
10910 W 120th Ave, Suite 450
Broomfield, Colorado 80021


Re: Updated license list and some other things

Peter Williams <peter.williams@...>
 

Should 'PUBLICDOMAIN' be a license in the repo or a special value? 

I don't think public domain is, technically, a license.  It does not have matchable text or notices.  That is going to make its license page rather empty and perhaps not very useful.

On the other hand it does work rather like a license from the users perspective.

Peter
Openlogic.com

On May 12, 2011 10:53 PM, "Jilayne Lovejoy" <jilayne.lovejoy@...> wrote:


Re: Updated license list and some other things

Kate Stewart <kate.stewart@...>
 

On Fri, 2011-05-13 at 11:12 -0600, Peter Williams wrote:
Should 'PUBLICDOMAIN' be a license in the repo or a special value?
My vote is to leave it in the license list for now.
Its directly analagous to the other keyword values in the list.

It will simplify things in terms of handling - and while it doesn't have
text, it does have specific meaning to the legal community impacting
usage of the code under copyright - just like licenses do.

http://copyright.cornell.edu/resources/publicdomain.cfm


I don't think public domain is, technically, a license. It does not
have matchable text or notices. That is going to make its license
page rather empty and perhaps not very useful.

On the other hand it does work rather like a license from the users
perspective.

Peter
Openlogic.com

On May 12, 2011 10:53 PM, "Jilayne Lovejoy"
<jilayne.lovejoy@...> wrote:

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Re: Updated license list and some other things

Peter Williams <peter.williams@...>
 

On Fri, May 13, 2011 at 3:23 PM, Kate Stewart
<kate.stewart@...> wrote:
On Fri, 2011-05-13 at 11:12 -0600, Peter Williams wrote:
Should 'PUBLICDOMAIN' be a license in the repo or a special value?
My vote is to leave it in the license list for now.
Its directly analagous to the other keyword values in the list.

It will simplify things in terms of handling - and while it doesn't have
text, it does have specific meaning to the legal community impacting
usage of the code under copyright - just like licenses do.
Are you saying it should be treated like a license or like a keyword?
(We previously agreed that keywords, such a "none" and "noassertion"
would not appear in the license repo.[1])

If we are going to treat it like a license i think we should rename so
that is looks like a license and not a keyword. "PublicDomain" would
be consistent with the other standard licenses.

If we are going to treat is like a keyword we should work out what
definition to use in the spec.

Peter
openlogic.com

[1]: http://spdx.org/wiki/2011-04-19-technical-team-minutes


Re: Updated license list and some other things

Jordan Hatcher <Jordan.Hatcher@...>
 

Hi everyone

I appreciate I'm new to this list so please ignore if you've covered many of these issues already.

From my perspective, it's important to treat public domain dedications (as opposed to PD assertions) as licenses for the most part, and I would assume in metadata as well. The international perspective is very much one of skepticism at whether PD dedications are even possible outside of the US and they treat these as licenses by default. The WTFPL is actually (IMO) a good example of the attitude outside of the US in this area.

PD dedications often already have formal back up licenses (as with the PDDL and CC0) inside them just to cover this possibility, and even if they have no formal license my opinion is that any court is likely to interpret them as a broad license (estoppel, etc). So functionally, for metadata purposes, it seems to make the most sense to describe these as licenses and even talk about them as such.

I'm travelling at the moment and can't check but suggest that Creatve Commons's approach for ccREL might be instructive (apologies if Mike L or someone from CC is on this list already and you've had that discussion).

Dedications are different from PD assertions, which is a separate idea covering the use cases where you don't own the copyright to dedicate to the public domain, but rather know it is PD (such as Shakespeare) and are telling others. This speaks to me directly to the quality of the metadata and so seems to me a distinction worth recording.

Thanks!

Jordan S. Hatcher

On 13 May 2011, at 18:12, "Peter Williams" <peter.williams@...<mailto:peter.williams@...>> wrote:


Should 'PUBLICDOMAIN' be a license in the repo or a special value?

I don't think public domain is, technically, a license. It does not have matchable text or notices. That is going to make its license page rather empty and perhaps not very useful.

On the other hand it does work rather like a license from the users perspective.

Peter
<http://Openlogic.com>Openlogic.com<http://Openlogic.com>

On May 12, 2011 10:53 PM, "Jilayne Lovejoy" <<mailto:jilayne.lovejoy@...>jilayne.lovejoy@...<mailto:jilayne.lovejoy@...>> wrote:
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Re: Updated license list and some other things

Matija Šuklje
 

Hi from me as well,

I'll just ride on Jordan's newbie ice breaker and give my two cents.

I agree that we cannot handle a contributor's decision to put something into
the public domain the same way as when something falls ex lege under public
domain. I think the first should be handled as a license and the latter as a
fact and therefore handled by keywords or even only as a description/comment.

My reasoning is that what falls under public domain and when is not 100% the
same across the globe. If nothing else expiration of copyright, as the most
often reason for a work to enter the PD, does not take the same amount of time
everywhere.

Also it bares noting that e.g. in most of European legislations — the droit
d'auteur systems — due to the existance of moral author's rights it is not
possible to waive all rights and put a work into the public domain.

For this reason I support the idea that we should have a the two separated.

I would even suggest that for public domain as a fact we should consider the
option of declaring it on a per-country basis, since what reached public
domain in one country has not necessarily reached it in another.

But as mentioned in the beginning, these are just two wee cents from a
newcomer.


cheers,
Matija
--
gsm: +386 41 849 552
www: http://matija.suklje.name
xmpp: matija.suklje@...


Re: Updated license list and some other things

Gary O'Neall
 

I also vote for PUBLICDOMAIN to be a standard license.

Since license text is required, I would suggest we add something there
rather than customizing the validation to look for exceptions (messy). The
text could be the same as the notes in the current SPDX Licenses
spreadsheet.

Gary

-----Original Message-----
From: spdx-tech-bounces@...
[mailto:spdx-tech-bounces@...] On Behalf Of Kate Stewart
Sent: Friday, May 13, 2011 2:24 PM
To: Peter Williams
Cc: spdx-tech@...; spdx-legal@...
Subject: Re: Updated license list and some other things

On Fri, 2011-05-13 at 11:12 -0600, Peter Williams wrote:
Should 'PUBLICDOMAIN' be a license in the repo or a special value?
My vote is to leave it in the license list for now.
Its directly analagous to the other keyword values in the list.

It will simplify things in terms of handling - and while it doesn't have
text, it does have specific meaning to the legal community impacting
usage of the code under copyright - just like licenses do.

http://copyright.cornell.edu/resources/publicdomain.cfm


I don't think public domain is, technically, a license. It does not
have matchable text or notices. That is going to make its license
page rather empty and perhaps not very useful.

On the other hand it does work rather like a license from the users
perspective.

Peter
Openlogic.com

On May 12, 2011 10:53 PM, "Jilayne Lovejoy"
<jilayne.lovejoy@...> wrote:

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