Date   

SPDX Data License Selection Rationale -- RE: TR: SPDX standard: files are placed in public domain

Mark Gisi
 

Attached is a document that explains the rationale behind why the Creative Commons Zero license was selected by the SPDX legal working group. The core requirements for consideration were:
o does not imply that SPDX data is intellectual property;
o in jurisdictions that permit data to be intellectual property - prevents others from claiming
controlling ownership over the data contained in a SPDX file;
o will not hinder adoption of the SPDX format by the open source community;
o minimizes further license proliferation in the open source community;
o permits the exchange of SPDX files under confidentiality terms (potentially temporarily) for special
situations that may require it.

For the details on the pros and cons of different license options please see the attached document.

- Mark

Mark Gisi | Wind River | Senior Intellectual Property Manager
Tel (510) 749-2016 | Fax (510) 749-4552

-----Original Message-----
From: spdx-bounces@... [mailto:spdx-bounces@...] On Behalf Of RUFFIN, MICHEL (MICHEL)
Sent: Friday, June 22, 2012 5:44 AM
To: Jilayne Lovejoy; Kevin P. Fleming; spdx@...
Cc: Freedman, Barry H (Barry); SPDX-legal
Subject: RE: TR: SPDX standard: files are placed in public domain

As you say (I like the expression) my concern about this license is more like getting an eye brow raised; What does this license implies?

If I want to export data from our DB, I will not make it public but aim a specific company/group to do it. If this is partner or a non profit organization, the data will be provided without any liability from ALU that it is correct (we can do mistake) the goal is to help the partner, non profit organization. If it is a customer we will probably take a little more commitment and we will add a clause such as "to the best of our knowledge this data is accurate" or something like this. But in any case we will not provide this data with the name of our company as public domain our lawyers will not accept that. The subject is so complex that there is necessary mistakes.

Now a disclaimer of warranty and liability is not enough. If I publish a list of software in which I say this software is LGPL, while in fact it is GPL I can be sued for GPL infringement.

In addition our DB is not SPDX compliant is the way that there are some field which interpret FOSS license according to ALU policy, special deals done with copyright owners to interpret license differently or have special permissions, consideration regarding patents (ALu or external), ... We are doing currently a cleaning to separate this information from what we can export, but with 200 people feeding independently and continually our database we cannot guarantee that some confidential information will not be in the export file. So public domain is out of question.

That's for the use case. Now on the legal side. If I generate an export file and I write "Alcatel-Lucent proprietary data - confidential" This is in contradiction with the license saying data must be in public domain. What does the judge decide in this case? I asked the question to our lawyers and they say it is unclear but they are not sure that presenting proprietary data according to a standard might impose a license on the data.

I will be happy to participate to a conf call on the subject, this need clarification and can jeopardize the success of SPDX. But one of our lawyers (Barry) should be present to understand and explain the implication of this license.

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


-----Message d'origine-----
De : spdx-bounces@... [mailto:spdx-bounces@...] De la part de Jilayne Lovejoy
Envoyé : vendredi 22 juin 2012 03:03
À : Kevin P. Fleming; spdx@...
Cc : SPDX-legal
Objet : Re: TR: SPDX standard: files are placed in public domain

In response to Michel's initial question about CC-0 (and subsequent
responses):

Here's some of the back story:
This was an issue that the legal work group spent a vast amount of time
discussing. Initially we had decided on the PddL license, but got some
pretty severe push-back for that license during LinuxCon North America and
1.0 release last August. So, it was back to the drawing board. Due to
the many meetings spent discussing this (which may be captured to varying
degrees in the meeting minutes around that time...), Mark Gisi (thanks
Mark!) posted a summary of the reason for having a license and then the
pros and cons of the various license options discussed on its own page
(see http://spdx.org/wiki/spdx-metadata-license-rationale-cc0) for easy
reference, transparency, and historical purposes. Once we decided on CC-0,
we reached out to various community members (including those specifically
who had expressed discomfort with PddL) to make sure the new decision was
amenable.

That is a very short summary of the process. The webpage referenced above
provides a good overview, but naturally does not capture the nuances and
details of the concerns, rationale, and so forth raised during those
discussions.

Michel - from, your previous email, it sounds like you've got an eye brow
raised, but are still formulating exactly what the exact concern is. (I do
think that the goal of using an open, permissive license, if one at all,
was to facilitate free exchange, which appears to be part of your
concern.) In any case, perhaps the above information will help a bit and
if you have further concerns, I might suggest either asking for an agenda
item on one of the legal calls or I can simply set up a call with some of
the key people who were involved in the above process - which ever is
more appropriate.

Consequently, I have now included this email on the SPDX Legal group list
as well, as others may be able to weigh in. The relevant bits from the
various emails are cut and pasted below (separated by a dotted line) for
reference for those who missed this on the general SPDX mailing list.

Incidentally - Kevin and Bradley both had good points in regards to the
potential legal analysis. The other piece of that puzzle concerns the
reality that E.U. law does allow database protection (of facts, that would
otherwise not be considered protectable under, U.S. law, for example). If
anyone is interested in learning more about this, there is an excellent
article here: http://www.ifosslr.org/ifosslr/article/view/62
(but don't go learning too much about this law stuff, as you might put us
out of work ;)

Cheers,
Jilayne

Jilayne Lovejoy | Corporate Counsel
OpenLogic, Inc.

jlovejoy@... | 720 240 4545




------------

On Fri Jun 15 09:37:17 2012, RUFFIN, MICHEL (MICHEL) wrote:
I am not very happy that data must be made in public domain. For the
following reasons:

- ALU should not be responsible of the data if we export it. And I
understand that ther e is a clause that loow us to do exception (ALU
name not exported with the data, but it should be the other way around
by default any export file should not imply any responsibility from
exporting company).

- if by mischance there are some comments which we will not want to
share with the rest of the world. It should be protected by the
licensing conditions.
Just to clarify, is it your desire to be allowed to license SPDX files
that you produce under terms of your choice? Or are you suggesting that
we change the required licensing of SPDX to include a disclaimer of
some sort?

Regarding the second bullet, can you provide examples of scenarios
where confidentiality agreements (which until now have been the
proposed solution to this problem) between you and your partners would
be insufficient?

Thanks in advance,
Peter


---------------

What I want is freedom, to exchange information between companies without
constraints. If we need constraints, we put it in the contract. It is not
to SPDX to put the constraints.

Let us time to think about consequences/consraints, ... before addressing
the issue. But the question is what was the purpose of this initially?

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


----------------

On 6/15/12 3:05 PM, "Kevin P. Fleming" <kpfleming@...> wrote:

On 06/15/2012 03:53 PM, Peter Williams wrote:
On Fri Jun 15 14:40:49 2012, RUFFIN, MICHEL (MICHEL) wrote:
But the question is what was the purpose of this initially?
It is a excellent question. I have never understood this purpose of this
"feature" of SPDX so someone else will have to provide the answer.
I suspect that it may be at least partially based on the fact that the
SPDX file consists almost exclusively of data collected from original
sources, and copyright law (at least as I've been told, I'm no lawyer)
doesn't provide my copyright protection at all for aggregation of
otherwise available data. In essence, an SPDX file may not adequately
constitute a 'work of authorship' that warrants copyright protection,
and thus there really wouldn't be a legitimate way to control its
distribution via licensing.

This is just a mildly educated guess late on a Friday afternoon, though.
I could be 1000% off base :-)

--
Kevin P. Fleming
Digium, Inc. | Director of Software Technologies
Jabber: kfleming@... | SIP: kpfleming@... | Skype: kpfleming
445 Jan Davis Drive NW - Huntsville, AL 35806 - USA
Check us out at www.digium.com & www.asterisk.org
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Re: "Scope" of licenses to be covered by SPDX

RUFFIN MICHEL
 

We do not discuss or put into question the FSF and OSI definitions of FOSS (I know them by heart, I understand the philosophy behind them and respect them). We try to make a definition of what should be the scope of software subject to the clause that we put in the contracts and it is broader than  open source traditional definition.  So perhaps the term “FOSS” is chocking you for that. But this is why we need to discuss and standardize. For me FOSS is not “Free and Open source Software” it is “Free and/or Open source software”; Now should we select another term in this context? I am totally open minded on this. Call it NPS (non-purchased software) or whatever, but even this wording will not fit with shareware for instance.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Mike Milinkovich [mailto:mike.milinkovich@...]
Envoyé : vendredi 22 juin 2012 19:25
À : Soeren_Rabenstein@...; RUFFIN, MICHEL (MICHEL); mjherzog@...; spdx@...
Objet : RE: "Scope" of licenses to be covered by SPDX

 

Re: " Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”. "

 

The Free Software Foundation (FSF) and the Open Source Initiative (OSI) are the two organizations which, in my opinion, define what FOSS is. Any attempt to define FOSS which do not take into account the collective wisdom and process that went into their respective license lists [1][2] would be a big mistake.

 

FOSS = Free and Open Source Software, which is the union of software which meets the definition of Free Software[3] and Open Source Software[4].

 

I have seen attempts in the past to expand the definition of FOSS beyond licensing to include other parameters such as open development processes and the like. They've all been spectacularly unsuccessful. There be dragons.

 

In the interest of full disclosure, in addition to by day job at the Eclipse Foundation, I am also a Director of the OSI.

 

[1] http://www.gnu.org/licenses/license-list.html#SoftwareLicenses

[2] http://opensource.org/licenses/alphabetical

[3] http://www.gnu.org/philosophy/free-sw.html

[4] http://opensource.org/docs/osd

 

 

Mike Milinkovich

Executive Director

Eclipse Foundation, Inc.

Office: +1.613.224.9461 x228

Mobile: +1.613.220.3223

mike.milinkovich@...

blog: http://dev.eclipse.org/blogs/mike/

twitter: @mmilinkov

 

 

 

Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”.

 


Re: "Scope" of licenses to be covered by SPDX

Philip Odence
 

I sometimes skirt the issue by broadly referring "software that is freely available on the web." 

When one is talking about new projects, picking licenses, and the like, it makes sense to steer/limit to OSI approved licenses. When, on the other hand, the use case is documenting all the "junk" that may be found in a package and associated licenses (as with SPDX), it makes sense to be expansive in order to be able to represent software under licenses outside the OSI definition. 

So, the SPDX license list goes beyond the OSI list. Our goal has been to handle the bulk of license one might run into in a software package. And, the spec provides a mechanism for handling licenses not on the list, by essentially including the text of the license. One of the benefits of the License List is that it keeps the size of the SPDX file down by not requiring the text to be included.

I don’t think we've come to grips with where we draw the line on the size of the license list. With the 150 or so license on there now, we certainly handle the vast majority of components, but for user convenience, more is better. I think when we get comfortable with our understanding of the effort involved in maintaining the list and adding new licenses, we'll be in a better position to say how big we want the list to be.

From: Mike Milinkovich <mike.milinkovich@...>
Organization: Eclipse Foundation
Reply-To: Mike Milinkovich <mike.milinkovich@...>
Date: Fri, 22 Jun 2012 13:24:42 -0400
To: <Soeren_Rabenstein@...>, Michel Ruffin <Michel.Ruffin@...>, Michael Herzog <mjherzog@...>, <spdx@...>
Subject: RE: "Scope" of licenses to be covered by SPDX

Re: " Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”. "

 

The Free Software Foundation (FSF) and the Open Source Initiative (OSI) are the two organizations which, in my opinion, define what FOSS is. Any attempt to define FOSS which do not take into account the collective wisdom and process that went into their respective license lists [1][2] would be a big mistake.

 

FOSS = Free and Open Source Software, which is the union of software which meets the definition of Free Software[3] and Open Source Software[4].

 

I have seen attempts in the past to expand the definition of FOSS beyond licensing to include other parameters such as open development processes and the like. They've all been spectacularly unsuccessful. There be dragons.

 

In the interest of full disclosure, in addition to by day job at the Eclipse Foundation, I am also a Director of the OSI.

 

[1] http://www.gnu.org/licenses/license-list.html#SoftwareLicenses

[2] http://opensource.org/licenses/alphabetical

[3] http://www.gnu.org/philosophy/free-sw.html

[4] http://opensource.org/docs/osd

 

 

Mike Milinkovich

Executive Director

Eclipse Foundation, Inc.

Office: +1.613.224.9461 x228

Mobile: +1.613.220.3223

mike.milinkovich@...

blog: http://dev.eclipse.org/blogs/mike/

twitter: @mmilinkov

 

 

 

Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”.

 

_______________________________________________ Spdx mailing list Spdx@... https://lists.spdx.org/mailman/listinfo/spdx


Re: "Scope" of licenses to be covered by SPDX

Mike Milinkovich
 

Re: " Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”. "

 

The Free Software Foundation (FSF) and the Open Source Initiative (OSI) are the two organizations which, in my opinion, define what FOSS is. Any attempt to define FOSS which do not take into account the collective wisdom and process that went into their respective license lists [1][2] would be a big mistake.

 

FOSS = Free and Open Source Software, which is the union of software which meets the definition of Free Software[3] and Open Source Software[4].

 

I have seen attempts in the past to expand the definition of FOSS beyond licensing to include other parameters such as open development processes and the like. They've all been spectacularly unsuccessful. There be dragons.

 

In the interest of full disclosure, in addition to by day job at the Eclipse Foundation, I am also a Director of the OSI.

 

[1] http://www.gnu.org/licenses/license-list.html#SoftwareLicenses

[2] http://opensource.org/licenses/alphabetical

[3] http://www.gnu.org/philosophy/free-sw.html

[4] http://opensource.org/docs/osd

 

 

Mike Milinkovich

Executive Director

Eclipse Foundation, Inc.

Office: +1.613.224.9461 x228

Mobile: +1.613.220.3223

mike.milinkovich@...

blog: http://dev.eclipse.org/blogs/mike/

twitter: @mmilinkov

 

 

 

Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”.

 


Re: "Scope" of licenses to be covered by SPDX

Soeren_Rabenstein@...
 

Dear Michael

 

The topic we are having here (but will probably move to another forum, potentially the LF Open compliance Program) is to create industry wide accepted common contract clauses for supply contracts that involve FOSS. The purpose of such clauses are, amongst others, to clearly separate the proprietary licenses (which are often included in such supply contracts) from the FOSS licenses, have suppliers take responsibility for their own FOSS license compliance, and generally raise awareness for FOSS license compliance.

Out of this topic we just discussed (in my understanding) what could be a proper definition of “FOSS”.

 

Cheers

Sören

 

 

Von: RUFFIN, MICHEL (MICHEL) [mailto:michel.ruffin@...]
Gesendet: Freitag, 22. Juni 2012 18:14
An: mjherzog@...; spdx@...; Soeren Rabenstein (ACG)
Betreff: RE: "Scope" of licenses to be covered by SPDX

 

Michael, for me it is not a subject of discussion

 

I am discussing with third party companies since 10 years on the subject and if you ignore open-source like license or “free proprietary” license, the discussion is void. OSI compliant licenses are a part of the pb and they are not too much a pb because we understand them other licenses are much more problems.

 

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Michael J Herzog [mailto:mjherzog@...]
Envoyé : vendredi 22 juin 2012 18:02
À : spdx@...; RUFFIN, MICHEL (MICHEL); Soeren Rabenstein
Objet : "Scope" of licenses to be covered by SPDX

 

Michel and Soeren,

The scope of SPDX is to convey information about any kind of software license: open source, "free proprietary" like Sun/Oracle BCL or Oracle OTN, and other proprietary/ commercial.  You cannot  provide a complete Bill of Materials for a software package or product without a way to report the license for every component (at some appropriate level of detail).

The scope of the License List is, however, necessarily a subset of  licenses for many reasons.  The current focus of the License List is to identify the most common Open Source licenses and to develop techniques for dealing with close variants of BSD, MIT, Apache and similar licenses (the latter techniques are referred to as "templatization" in the current Legal Team discussions).  I personally think that we should add the most common "free proprietary" licenses to the License List, but to the best of my knowledge that is an open item for future/continued discussion.

Regards, Michael

Michael J. Herzog
 
+1 650 380 0680 | mjherzog_at_nexB.com
DejaCode Enterprise http://www.dejacode.com
nexB Inc. at http://www.nexb.com
 
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On 6/22/2012 7:35 AM, Steve Cropper (stcroppe) wrote:

Feels like this should go to spdx-legal@... and the Subject line should change to indicate the change of subject ?

 

Steve

 

From: <RUFFIN>, "MICHEL (MICHEL)" <michel.ruffin@...>
Date: Friday, June 22, 2012 6:42 AM
To: "Soeren_Rabenstein@..." <Soeren_Rabenstein@...>, "jilayne.lovejoy@..." <jilayne.lovejoy@...>, "gary@..." <gary@...>, "peter.williams@..." <peter.williams@...>
Cc: "spdx-tech@..." <spdx-tech@...>, "spdx@..." <spdx@...>
Subject: RE: Import and export function of SPDX

 

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...;
spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880
Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...;
spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From:spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 





_______________________________________________
Spdx mailing list
Spdx@...
https://lists.spdx.org/mailman/listinfo/spdx

 


Re: "Scope" of licenses to be covered by SPDX

RUFFIN MICHEL
 

Michael, for me it is not a subject of discussion

 

I am discussing with third party companies since 10 years on the subject and if you ignore open-source like license or “free proprietary” license, the discussion is void. OSI compliant licenses are a part of the pb and they are not too much a pb because we understand them other licenses are much more problems.

 

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Michael J Herzog [mailto:mjherzog@...]
Envoyé : vendredi 22 juin 2012 18:02
À : spdx@...; RUFFIN, MICHEL (MICHEL); Soeren Rabenstein
Objet : "Scope" of licenses to be covered by SPDX

 

Michel and Soeren,

The scope of SPDX is to convey information about any kind of software license: open source, "free proprietary" like Sun/Oracle BCL or Oracle OTN, and other proprietary/ commercial.  You cannot  provide a complete Bill of Materials for a software package or product without a way to report the license for every component (at some appropriate level of detail).

The scope of the License List is, however, necessarily a subset of  licenses for many reasons.  The current focus of the License List is to identify the most common Open Source licenses and to develop techniques for dealing with close variants of BSD, MIT, Apache and similar licenses (the latter techniques are referred to as "templatization" in the current Legal Team discussions).  I personally think that we should add the most common "free proprietary" licenses to the License List, but to the best of my knowledge that is an open item for future/continued discussion.

Regards, Michael

Michael J. Herzog
 
+1 650 380 0680 | mjherzog_at_nexB.com
DejaCode Enterprise http://www.dejacode.com
nexB Inc. at http://www.nexb.com
 
CONFIDENTIALITY NOTICE:  This e-mail (including attachments) may contain information that is proprietary or confidential. If you are not the intended recipient or a person responsible for its delivery to the intended recipient, do not copy or distribute it. Please permanently delete the e-mail and any attachments, and notify us immediately at (650) 380-0680.

On 6/22/2012 7:35 AM, Steve Cropper (stcroppe) wrote:

Feels like this should go to spdx-legal@... and the Subject line should change to indicate the change of subject ?

 

Steve

 

From: <RUFFIN>, "MICHEL (MICHEL)" <michel.ruffin@...>
Date: Friday, June 22, 2012 6:42 AM
To: "Soeren_Rabenstein@..." <Soeren_Rabenstein@...>, "jilayne.lovejoy@..." <jilayne.lovejoy@...>, "gary@..." <gary@...>, "peter.williams@..." <peter.williams@...>
Cc: "spdx-tech@..." <spdx-tech@...>, "spdx@..." <spdx@...>
Subject: RE: Import and export function of SPDX

 

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...; spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From:spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 




_______________________________________________
Spdx mailing list
Spdx@...
https://lists.spdx.org/mailman/listinfo/spdx

 


"Scope" of licenses to be covered by SPDX

Michael J Herzog <mjherzog@...>
 

Michel and Soeren,

The scope of SPDX is to convey information about any kind of software license: open source, "free proprietary" like Sun/Oracle BCL or Oracle OTN, and other proprietary/ commercial.  You cannot  provide a complete Bill of Materials for a software package or product without a way to report the license for every component (at some appropriate level of detail).

The scope of the License List is, however, necessarily a subset of  licenses for many reasons.  The current focus of the License List is to identify the most common Open Source licenses and to develop techniques for dealing with close variants of BSD, MIT, Apache and similar licenses (the latter techniques are referred to as "templatization" in the current Legal Team discussions).  I personally think that we should add the most common "free proprietary" licenses to the License List, but to the best of my knowledge that is an open item for future/continued discussion.

Regards, Michael
Michael J. Herzog

+1 650 380 0680 | mjherzog_at_nexB.com
DejaCode Enterprise http://www.dejacode.com
nexB Inc. at http://www.nexb.com

CONFIDENTIALITY NOTICE:  This e-mail (including attachments) may contain information that is proprietary or confidential. If you are not the intended recipient or a person responsible for its delivery to the intended recipient, do not copy or distribute it. Please permanently delete the e-mail and any attachments, and notify us immediately at (650) 380-0680.
On 6/22/2012 7:35 AM, Steve Cropper (stcroppe) wrote:

Feels like this should go to spdx-legal@... and the Subject line should change to indicate the change of subject ?

Steve

From: <RUFFIN>, "MICHEL (MICHEL)" <michel.ruffin@...>
Date: Friday, June 22, 2012 6:42 AM
To: "Soeren_Rabenstein@..." <Soeren_Rabenstein@...>, "jilayne.lovejoy@..." <jilayne.lovejoy@...>, "gary@..." <gary@...>, "peter.williams@..." <peter.williams@...>
Cc: "spdx-tech@..." <spdx-tech@...>, "spdx@..." <spdx@...>
Subject: RE: Import and export function of SPDX

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...; spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From:spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 



_______________________________________________
Spdx mailing list
Spdx@...
https://lists.spdx.org/mailman/listinfo/spdx



Re: SPDX Mailing Lists

Michael J Herzog <mjherzog@...>
 

Gentlemen,

I think that some of the confusion about email lists is due to the fact that we "deprecated" spdx@... some time past and switched to using list-name@... format.  I don't recall the date of the change, but you should be able sign up for any or all of these existing lists from the SPDX Participation pages at http://spdx.org/wiki/spdx/participation-guidelines.

There are four current email lists:

General -  spdx@...
Business - spdx-biz@...
Legal - spdx-legal@...
Technical - spdx-tech@...

These mailing lists were defined by "team" not by topic, but we do have many cross-team topics like governance so this may be a good time to consider additional mailing lists for some key topics since we are often posting items to three or four lists at a time.  I will raise this point at our next General conference call on Thursday June 28 (8AM Pacfiic). The call-in details are:

Conf call dial-in:
Conference code:  7812589502
Toll-free dial-in number (U.S. and Canada):  (877) 435-0230
International dial-in number: (253) 336-6732
For those dialing in from other regions, a list of toll free numbers can be found: 
https://www.intercallonline.com/portlets/scheduling/viewNumbers/viewNumber.do?ownerNumber=6053870&audioType=RP&viewGa=false&ga=OFF


Regards, Michael

Michael J. Herzog

+1 650 380 0680 | mjherzog_at_nexB.com
DejaCode Enterprise http://www.dejacode.com
nexB Inc. at http://www.nexb.com

CONFIDENTIALITY NOTICE:  This e-mail (including attachments) may contain information that is proprietary or confidential. If you are not the intended recipient or a person responsible for its delivery to the intended recipient, do not copy or distribute it. Please permanently delete the e-mail and any attachments, and notify us immediately at (650) 380-0680.


FOSS clauses in contracts between companies

RUFFIN MICHEL
 

I agree for this particular topic (but it seems I am not part of this mailing list). But I am more ambitious, I have other initiatives in the pockets: having an open source DB describing the foss IP issues, having public tutorials on open source governance, having some standard way to package products with FOSS obligations, … So perhaps we should have a more general “governance process” mailing list.

 

I have change the subject 8-)

 

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Steve Cropper (stcroppe) [mailto:stcroppe@...]
Envoyé : vendredi 22 juin 2012 16:36
À : RUFFIN, MICHEL (MICHEL); Soeren_Rabenstein@...; jilayne.lovejoy@...; gary@...; peter.williams@...; spdx-legal@...
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

Feels like this should go to spdx-legal@... and the Subject line should change to indicate the change of subject ?

 

Steve

 

From: <RUFFIN>, "MICHEL (MICHEL)" <michel.ruffin@...>
Date: Friday, June 22, 2012 6:42 AM
To: "Soeren_Rabenstein@..." <Soeren_Rabenstein@...>, "jilayne.lovejoy@..." <jilayne.lovejoy@...>, "gary@..." <gary@...>, "peter.williams@..." <peter.williams@...>
Cc: "spdx-tech@..." <spdx-tech@...>, "spdx@..." <spdx@...>
Subject: RE: Import and export function of SPDX

 

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...; spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From:spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 


Re: Import and export function of SPDX

Steve Cropper (stcroppe) <stcroppe@...>
 

Feels like this should go to spdx-legal@... and the Subject line should change to indicate the change of subject ?

Steve

From: <RUFFIN>, "MICHEL (MICHEL)" <michel.ruffin@...>
Date: Friday, June 22, 2012 6:42 AM
To: "Soeren_Rabenstein@..." <Soeren_Rabenstein@...>, "jilayne.lovejoy@..." <jilayne.lovejoy@...>, "gary@..." <gary@...>, "peter.williams@..." <peter.williams@...>
Cc: "spdx-tech@..." <spdx-tech@...>, "spdx@..." <spdx@...>
Subject: RE: Import and export function of SPDX

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...; spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From:spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 


Re: Import and export function of SPDX

RUFFIN MICHEL
 

Before answering this, we need to determine in which group/mailing list we need to discuss this subject, I do not want to bother people not interested by this. Can we continue with SPDX list should we create a different list? I would prefer this second option. Martin would it be possible to create a “FOSS governance process” mailing list in the framework of FOSSBazaar which I think would be the best solution

 

Now if you look at the ALU definition of FOSS your definition cover only a part of the i) definition, there are a lot of software coming with an open source like license which is not OSI compliant, for instance beerware license How do you cope with theses? The ii) (EULA licenses): Sun/oracle binary license, Oracle OTN licenses, google licenses, adobe licenses, … are a huge set of licenses. In a contractual context they need to be treated the same way. Please note we are not discussing here what is an open source (I know there are two major definitions, the FSF one with 4 freedoms and the OSI one with 10 criteria) but what we should put in contracts.

 

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France


De : Soeren_Rabenstein@... [mailto:Soeren_Rabenstein@...]
Envoyé : vendredi 22 juin 2012 15:03
À : RUFFIN, MICHEL (MICHEL); jilayne.lovejoy@...; gary@...; peter.williams@...
Cc : spdx-tech@...; spdx@...
Objet : AW: Import and export function of SPDX

 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620 Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From: spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 


Re: Import and export function of SPDX

Soeren_Rabenstein@...
 

Hello Michel and others

 

In our standard FOSS contract clauses (which I am willing to share too, once we determined that this (or ftf, or any other network) is the appropriate forum for it) the FOSS-definition is also rather broad, but exemplarily refers to the OSI approved licenses. The definition reads as follows:

 

“Free Open Source Software” or “FOSS” shall mean a copyrighted work that is licensed under any of the licenses listed under www.opensource.org/licenses or any similar open source, free software or community license  (“FOSS License”).

 

Btw: It seems I have been dropped from the list of persons allowed to post here (so not sure if this mail will even make it the mailing list). Can someone help on this?

 

 

Mit freundlichen Grüßen / Kind regards

 

Sören Rabenstein

 

____________________________________________________________

 

ASUS Computer GmbH

 

Sören Rabenstein, LL.M.
Legal Affairs Center
Harkortstr. 21-23, 40880 Ratingen
Tel.: (+49) 2102 5609 317
Fax.: (+49) 2102 5609 309
soeren_rabenstein@...
____________________________________________________________

 

 

 

Von: spdx-bounces@... [mailto:spdx-bounces@...] Im Auftrag von RUFFIN, MICHEL (MICHEL)
Gesendet: Freitag, 22. Juni 2012 13:23
An: Jilayne Lovejoy; Gary O'Neall; Peter Williams
Cc: spdx-tech@...; spdx@...
Betreff: RE: Import and export function of SPDX

 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620 Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From: spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 


Re: TR: SPDX standard: files are placed in public domain

RUFFIN MICHEL
 

As you say (I like the expression) my concern about this license is more like getting an eye brow raised; What does this license implies?

If I want to export data from our DB, I will not make it public but aim a specific company/group to do it. If this is partner or a non profit organization, the data will be provided without any liability from ALU that it is correct (we can do mistake) the goal is to help the partner, non profit organization. If it is a customer we will probably take a little more commitment and we will add a clause such as "to the best of our knowledge this data is accurate" or something like this. But in any case we will not provide this data with the name of our company as public domain our lawyers will not accept that. The subject is so complex that there is necessary mistakes.

Now a disclaimer of warranty and liability is not enough. If I publish a list of software in which I say this software is LGPL, while in fact it is GPL I can be sued for GPL infringement.

In addition our DB is not SPDX compliant is the way that there are some field which interpret FOSS license according to ALU policy, special deals done with copyright owners to interpret license differently or have special permissions, consideration regarding patents (ALu or external), ... We are doing currently a cleaning to separate this information from what we can export, but with 200 people feeding independently and continually our database we cannot guarantee that some confidential information will not be in the export file. So public domain is out of question.

That's for the use case. Now on the legal side. If I generate an export file and I write "Alcatel-Lucent proprietary data - confidential" This is in contradiction with the license saying data must be in public domain. What does the judge decide in this case? I asked the question to our lawyers and they say it is unclear but they are not sure that presenting proprietary data according to a standard might impose a license on the data.

I will be happy to participate to a conf call on the subject, this need clarification and can jeopardize the success of SPDX. But one of our lawyers (Barry) should be present to understand and explain the implication of this license.

Michel

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France

-----Message d'origine-----
De : spdx-bounces@... [mailto:spdx-bounces@...] De la part de Jilayne Lovejoy
Envoyé : vendredi 22 juin 2012 03:03
À : Kevin P. Fleming; spdx@...
Cc : SPDX-legal
Objet : Re: TR: SPDX standard: files are placed in public domain

In response to Michel's initial question about CC-0 (and subsequent
responses):

Here's some of the back story:
This was an issue that the legal work group spent a vast amount of time
discussing. Initially we had decided on the PddL license, but got some
pretty severe push-back for that license during LinuxCon North America and
1.0 release last August. So, it was back to the drawing board. Due to
the many meetings spent discussing this (which may be captured to varying
degrees in the meeting minutes around that time...), Mark Gisi (thanks
Mark!) posted a summary of the reason for having a license and then the
pros and cons of the various license options discussed on its own page
(see http://spdx.org/wiki/spdx-metadata-license-rationale-cc0) for easy
reference, transparency, and historical purposes. Once we decided on CC-0,
we reached out to various community members (including those specifically
who had expressed discomfort with PddL) to make sure the new decision was
amenable.

That is a very short summary of the process. The webpage referenced above
provides a good overview, but naturally does not capture the nuances and
details of the concerns, rationale, and so forth raised during those
discussions.

Michel - from, your previous email, it sounds like you've got an eye brow
raised, but are still formulating exactly what the exact concern is. (I do
think that the goal of using an open, permissive license, if one at all,
was to facilitate free exchange, which appears to be part of your
concern.) In any case, perhaps the above information will help a bit and
if you have further concerns, I might suggest either asking for an agenda
item on one of the legal calls or I can simply set up a call with some of
the key people who were involved in the above process - which ever is
more appropriate.

Consequently, I have now included this email on the SPDX Legal group list
as well, as others may be able to weigh in. The relevant bits from the
various emails are cut and pasted below (separated by a dotted line) for
reference for those who missed this on the general SPDX mailing list.

Incidentally - Kevin and Bradley both had good points in regards to the
potential legal analysis. The other piece of that puzzle concerns the
reality that E.U. law does allow database protection (of facts, that would
otherwise not be considered protectable under, U.S. law, for example). If
anyone is interested in learning more about this, there is an excellent
article here: http://www.ifosslr.org/ifosslr/article/view/62
(but don't go learning too much about this law stuff, as you might put us
out of work ;)

Cheers,
Jilayne

Jilayne Lovejoy | Corporate Counsel
OpenLogic, Inc.

jlovejoy@... | 720 240 4545




------------

On Fri Jun 15 09:37:17 2012, RUFFIN, MICHEL (MICHEL) wrote:
I am not very happy that data must be made in public domain. For the
following reasons:

- ALU should not be responsible of the data if we export it. And I
understand that ther e is a clause that loow us to do exception (ALU
name not exported with the data, but it should be the other way around
by default any export file should not imply any responsibility from
exporting company).

- if by mischance there are some comments which we will not want to
share with the rest of the world. It should be protected by the
licensing conditions.
Just to clarify, is it your desire to be allowed to license SPDX files
that you produce under terms of your choice? Or are you suggesting that
we change the required licensing of SPDX to include a disclaimer of
some sort?

Regarding the second bullet, can you provide examples of scenarios
where confidentiality agreements (which until now have been the
proposed solution to this problem) between you and your partners would
be insufficient?

Thanks in advance,
Peter


---------------

What I want is freedom, to exchange information between companies without
constraints. If we need constraints, we put it in the contract. It is not
to SPDX to put the constraints.

Let us time to think about consequences/consraints, ... before addressing
the issue. But the question is what was the purpose of this initially?

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


----------------

On 6/15/12 3:05 PM, "Kevin P. Fleming" <kpfleming@...> wrote:

On 06/15/2012 03:53 PM, Peter Williams wrote:
On Fri Jun 15 14:40:49 2012, RUFFIN, MICHEL (MICHEL) wrote:
But the question is what was the purpose of this initially?
It is a excellent question. I have never understood this purpose of this
"feature" of SPDX so someone else will have to provide the answer.
I suspect that it may be at least partially based on the fact that the
SPDX file consists almost exclusively of data collected from original
sources, and copyright law (at least as I've been told, I'm no lawyer)
doesn't provide my copyright protection at all for aggregation of
otherwise available data. In essence, an SPDX file may not adequately
constitute a 'work of authorship' that warrants copyright protection,
and thus there really wouldn't be a legitimate way to control its
distribution via licensing.

This is just a mildly educated guess late on a Friday afternoon, though.
I could be 1000% off base :-)

--
Kevin P. Fleming
Digium, Inc. | Director of Software Technologies
Jabber: kfleming@... | SIP: kpfleming@... | Skype: kpfleming
445 Jan Davis Drive NW - Huntsville, AL 35806 - USA
Check us out at www.digium.com & www.asterisk.org
_______________________________________________
Spdx mailing list
Spdx@...
https://lists.spdx.org/mailman/listinfo/spdx

_______________________________________________
Spdx mailing list
Spdx@...
https://lists.spdx.org/mailman/listinfo/spdx


Re: Import and export function of SPDX

RUFFIN MICHEL
 

For the definition of FOSS (free and/or open source software (free is for free of cost here)) that we provide it is of course in the context of a contract negotiation. It is everything that do not go through a procurement department, i.e. coming with an implicit license: a click to accept EULA, an OSI compliant license or similar, + shareware and of course public domain. This definition is now accepted without discussion by most of our suppliers because it is quite clear (we had a lot of revisions before coming to this definition). Note that we use this definition internally in ALU for our FOSS governance process.

 

A comment on licenses, what I find confusing in the SPDX standard is the numbering of BSD licenses for instance the BSD 4 clause is in fact the original BSD license and I would have call it BSD1. But that’s not very important. What is important is to stabilize this taxonomy because we cannot change every year the content of our FOSS database, our internal FOSs governance process documents (around 80 pages), our internal tutorials (170 slides), our requests to suppliers, an update of the knowledge of our FOSs experts, etc.

 

Michel.Ruffin@..., PhD

Software Coordination Manager, Bell Labs, Corporate CTO Dpt

Distinguished Member of Technical Staff

Tel +33 (0) 6 75 25 21 94

Alcatel-Lucent International, Centre de Villarceaux

Route De Villejust, 91620 Nozay, France

 

 

-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : vendredi 22 juin 2012 01:33
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

 

(Apologies for falling off this exchange - had some other things come up

and am now getting caught up with various responses - lots of great

discussion, though!)

 

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"

<michel.ruffin@...> wrote:

 

>So far our FOSS clauses are not aligned on the SPDX standard (we are

>already happy when suppliers can comply to our requirements without too

>much discussion so we did not formalize things too much)

 

One thing I noticed immediately about your clauses is the definition of

FOSS - which is quite broad.  While I can understand why it might make

sense to use a broad definition for contracts, it includes some categories

of software (e.g. (ii) and (iii) in your definition) that other

people/parties might not consider "FOSS."  In terms of the SPDX License

List, for example, I believe (if memory serves) that we discussed to what

"kinds" of licenses should be included on the list and an argument against

including, what I would refer to as "freeware" licenses (usually under

some kind of click-through EULA that more resembles a more traditional,

restrictive IP license, than open source) should not be on the list.

I don't know if this definition's breadth would necessarily create a

conflict in practical reality or not, but thought I'd at least point it

out...

 

 

>What we request is the name of FOSS, the name of the license if it is OSI

>compliant, or a copy of the license if it is not, the nature of the FOSS:

>is it a library, a standalone software, an interpreter, ... in order to

>determine if there is some potential contamination as with GPL.

>Now we have already aligned our database on the SPDX taxonomy for naming

>licenses, we will soon ask our suppliers to align on this taxonomy. I

>have already prepared a document (in copy) to distribute to our suppliers

>and partners on SPDX.

 

Thanks for sharing this.  Really great to hear that you have adopted the

SPDX License List already.  I'm not sure if you or anyone from your team

is on the legal work group mailing list, but that may be helpful to stay

on top of issues/updates/discussion there.  (for example, a new version of

the license list was just uploaded this week :)

 

Jilayne

 

Jilayne Lovejoy |  Corporate Counsel

OpenLogic, Inc.

 

jlovejoy@...

<applewebdata://EAA1F861-B11E-4827-976F-55756901A796/jlovejoy@...

>  |  720 240 4545

 

 

 

 

>-----Message d'origine-----

>De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]

>Envoyé : mercredi 13 juin 2012 16:08

>À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams

>Cc : spdx-tech@...; spdx@...

>Objet : Re: Import and export function of SPDX

>Hi Michel,

>Thanks again for sharing your information.  In regards to your posting (to

>both this group and the FSF legal network) about the legal clauses, I have

>noticed this and apologize as well for not responding sooner (it's still

>in my inbox as a to-do item, sadly).  In any case, a couple thoughts.  It

>is my understanding from your previous email(s), that you'd like to see

>some kind of FOSS-related legal clause resource, is that correct?  At the

>moment, this is not within the scope of SPDX (albeit a great idea

>generally!).  This is probably something that could be discussed further

>in terms of something to consider tackling in the longer-term road map.

>More specifically, your "list of FOSS" clause (a)(ii), you require the

>name of the license, license text, and whether it is OSI certified or not.

> This is all information capture in the SPDX License List.  Do you have an

>internal list as well?  If so, it would be great to discuss aligning any

>licenses on your list for potential inclusion on the SPDX License List, if

>not already included there and otherwise coordinating.

>Cheers,

>Jilayne Lovejoy |  Corporate Counsel

>jlovejoy@...  |  720 240 4545

>Twitter @jilaynelovejoy

>OpenLogic, Inc.

>10910 W 120th Ave, Suite 450

>Broomfield, Colorado 80021

>www.openlogic.com

>Twitter @openlogic @cloudswing

>On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"

><michel.ruffin@...> wrote:

>>Gary, I think in my previous mail I expressed our use case:

>>1) getting information from our suppliers on FOSS included in their

>>products in order to respect license obligations and to provide this to

>>our customers

>>2) automate the work of ALU for accepting this FOSS in our products

>>3) being able to provide the same information to our customers.

>> 

>>I think it is covered by actual use cases, if not I can do a new one.

>> 

>>Now I would like to attract your attention on a document that I sent few

>>months ago to this mailing list and also to the FSF legal network group.

>>Which are the clauses that we put in the contracts with our suppliers and

>>their rationnal. The goal is to standardize these clauses and I receive

>>no feedback from anybody on this.

>> 

>>This should illustrate the use case. And I understand that I should use

>>the FSF legal network to discuss this. But I am very surprised that there

>>is no reaction/interest in this. It has been a huge ALU effort to shape

>>these conditions in order to reach acceptance to these conditions by most

>>companies.

>> 

>>Michel.Ruffin@..., PhD

>>Software Coordination Manager, Bell Labs, Corporate CTO Dpt

>>Distinguished Member of Technical Staff

>>Tel +33 (0) 6 75 25 21 94

>>Alcatel-Lucent International, Centre de Villarceaux

>>Route De Villejust, 91620 Nozay, France

>> 

>> 

>>-----Message d'origine-----

>>De : Gary O'Neall [mailto:gary@...]

>>Envoyé : mardi 12 juin 2012 19:29

>>À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)

>>Cc : spdx-tech@...; spdx@...

>>Objet : RE: Import and export function of SPDX

>> 

>>I believe the current SPDX tools will treat both RDF and Tag/Value in the

>>same manner - the documents will be readable by the tools but it will

>>fail a

>>validation (missing required field).  For the command line tools, the

>>conversions or pretty printing will still work but you will get warning.

>> 

>>In terms of making the fields optional - I can see this as a valuable

>>change

>>for some of the use cases where that information is not available.  There

>>is

>>need to make sure the components described in the SPDX file match the

>>actual

>>file artifacts, but that need can be filled by the per-file information.

>> 

>>Michel - Which use case best describes your use of SPDX

>>(http://spdx.org/wiki/spdx-20-use-cases).  If there isn't a good

>>representation of your use case(s), could you provide a brief

>>description?

>>I want to make sure we cover this when working on SPDX 2.0.

>> 

>>Thanks,

>>Gary

>> 

>>-----Original Message-----

>>From: spdx-tech-bounces@...

>>[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams

>>Sent: Tuesday, June 12, 2012 9:27 AM

>>To: RUFFIN, MICHEL (MICHEL)

>>Cc: spdx-tech@...; spdx@...

>>Subject: Re: Import and export function of SPDX

>> 

>>On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:

>>> We have an issue with 2 fields that do not exist in our database.: the

>>> name of the archive file and the checksum. In the SPDX standard they

>>> are mandatory and I do not see why would it be possibly to make them

>>> optional?

>> 

>>I think making those fields optional would be advantageous. Would you

>>mind

>>filing a bug[1] so that we don't forget to look into the issue for the

>>next

>>version.

>> 

>>As for your immediate issues of not having data for those fields, if you

>>are

>>using RDF i'd just skip them altogether in the SPDX file. While your file

>>will technically be invalid all reasonable SPDX consumers will not have a

>>problem with that information being absent unless they need it to

>>accomplish

>>their goal. (In which case they cannot use your SPDX files, anyway.) If

>>you

>>are using the tag-value format skipping the fields altogether will, i

>>think,

>>prove problematic due to that format's stricter syntactic constraints.

>>(Kate

>>or Gary, can you confirm this?)

>> 

>>[1]:

>>https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe

>>c

>> 

>>Peter

>> 

>>PS: I am cc-ing the technical working group because it's participants are

>>best suited to answer these sorts of issues.

>> 

>>_______________________________________________

>>Spdx-tech mailing list

>>Spdx-tech@...

>>https://lists.spdx.org/mailman/listinfo/spdx-tech

>> 

>> 

 

 


Re: TR: SPDX standard: files are placed in public domain

Jilayne Lovejoy <jilayne.lovejoy@...>
 

In response to Michel's initial question about CC-0 (and subsequent
responses):

Here's some of the back story:
This was an issue that the legal work group spent a vast amount of time
discussing. Initially we had decided on the PddL license, but got some
pretty severe push-back for that license during LinuxCon North America and
1.0 release last August. So, it was back to the drawing board. Due to
the many meetings spent discussing this (which may be captured to varying
degrees in the meeting minutes around that time...), Mark Gisi (thanks
Mark!) posted a summary of the reason for having a license and then the
pros and cons of the various license options discussed on its own page
(see http://spdx.org/wiki/spdx-metadata-license-rationale-cc0) for easy
reference, transparency, and historical purposes. Once we decided on CC-0,
we reached out to various community members (including those specifically
who had expressed discomfort with PddL) to make sure the new decision was
amenable.

That is a very short summary of the process. The webpage referenced above
provides a good overview, but naturally does not capture the nuances and
details of the concerns, rationale, and so forth raised during those
discussions.

Michel - from, your previous email, it sounds like you've got an eye brow
raised, but are still formulating exactly what the exact concern is. (I do
think that the goal of using an open, permissive license, if one at all,
was to facilitate free exchange, which appears to be part of your
concern.) In any case, perhaps the above information will help a bit and
if you have further concerns, I might suggest either asking for an agenda
item on one of the legal calls or I can simply set up a call with some of
the key people who were involved in the above process - which ever is
more appropriate.

Consequently, I have now included this email on the SPDX Legal group list
as well, as others may be able to weigh in. The relevant bits from the
various emails are cut and pasted below (separated by a dotted line) for
reference for those who missed this on the general SPDX mailing list.

Incidentally - Kevin and Bradley both had good points in regards to the
potential legal analysis. The other piece of that puzzle concerns the
reality that E.U. law does allow database protection (of facts, that would
otherwise not be considered protectable under, U.S. law, for example). If
anyone is interested in learning more about this, there is an excellent
article here: http://www.ifosslr.org/ifosslr/article/view/62
(but don't go learning too much about this law stuff, as you might put us
out of work ;)

Cheers,
Jilayne

Jilayne Lovejoy | Corporate Counsel
OpenLogic, Inc.

jlovejoy@... | 720 240 4545




------------

On Fri Jun 15 09:37:17 2012, RUFFIN, MICHEL (MICHEL) wrote:
I am not very happy that data must be made in public domain. For the
following reasons:

- ALU should not be responsible of the data if we export it. And I
understand that ther e is a clause that loow us to do exception (ALU
name not exported with the data, but it should be the other way around
by default any export file should not imply any responsibility from
exporting company).

- if by mischance there are some comments which we will not want to
share with the rest of the world. It should be protected by the
licensing conditions.
Just to clarify, is it your desire to be allowed to license SPDX files
that you produce under terms of your choice? Or are you suggesting that
we change the required licensing of SPDX to include a disclaimer of
some sort?

Regarding the second bullet, can you provide examples of scenarios
where confidentiality agreements (which until now have been the
proposed solution to this problem) between you and your partners would
be insufficient?

Thanks in advance,
Peter


---------------

What I want is freedom, to exchange information between companies without
constraints. If we need constraints, we put it in the contract. It is not
to SPDX to put the constraints.

Let us time to think about consequences/consraints, ... before addressing
the issue. But the question is what was the purpose of this initially?

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


----------------

On 6/15/12 3:05 PM, "Kevin P. Fleming" <kpfleming@...> wrote:

On 06/15/2012 03:53 PM, Peter Williams wrote:
On Fri Jun 15 14:40:49 2012, RUFFIN, MICHEL (MICHEL) wrote:
But the question is what was the purpose of this initially?
It is a excellent question. I have never understood this purpose of this
"feature" of SPDX so someone else will have to provide the answer.
I suspect that it may be at least partially based on the fact that the
SPDX file consists almost exclusively of data collected from original
sources, and copyright law (at least as I've been told, I'm no lawyer)
doesn't provide my copyright protection at all for aggregation of
otherwise available data. In essence, an SPDX file may not adequately
constitute a 'work of authorship' that warrants copyright protection,
and thus there really wouldn't be a legitimate way to control its
distribution via licensing.

This is just a mildly educated guess late on a Friday afternoon, though.
I could be 1000% off base :-)

--
Kevin P. Fleming
Digium, Inc. | Director of Software Technologies
Jabber: kfleming@... | SIP: kpfleming@... | Skype: kpfleming
445 Jan Davis Drive NW - Huntsville, AL 35806 - USA
Check us out at www.digium.com & www.asterisk.org
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Re: Clarification regarding "FSF legal network" (was Re: Import and export function of SPDX)

Jilayne Lovejoy <jilayne.lovejoy@...>
 

Responses inline below and to this email, since Bradley hit upon several
salient issues :)

On 6/14/12 8:39 AM, "Bradley M. Kuhn" <bkuhn@...> wrote:

RUFFIN, MICHEL (MICHEL) wrote today:
I know that the discussion on this subject should be in FTFE mailing
list.
Actually, I caution against being too quick to move discussion to
ftf-legal mailing list, even if a topic seems off-topic for similar,
public lists.
Would agree to the extent that, considering that what Michel is proposing
doesn't (yet) seem to have a directly on-point mailing list, discussing it
across multiple platforms (and multiple times, in order to finally get a
response ;) seems about right!

ftf-legal is an invite-only mailing list, and thus it's probably not a
good choice for discussion of topics where the Free Software community can
help, since most of the Free Software community can't access ftf-legal.
The list organizers said publicly at LinuxCon Europe 2011 that the
criteria for subscription to ftf-legal are secret, so no one outside of
existing list members actually know what they need to do to qualify for
participation. After my three-year-long Kafkaesque experience of
attempting to subscribe to ftf-legal, I eventually just gave up.
I feel like I need to at least suggest an alternative view for
balance-sakes, especially since, as a member, I have greatly benefited
from the discussions on that list-serve. The network is made up of mostly
lawyers and from all different kinds of organizations and, due to the
Chatham House Rule, provides a space for open conversation among members
without fear of being quoted/attributed outside the network. Given the
reluctance most lawyers have in terms of making public statements, etc,
this is a pretty valuable forum, as it provides a chance to discuss things
that just may not be ready to take public or that a lawyer cannot risk
having attributed or implied to the company he or she works for.

In so far as what Michel is suggesting here re: the license clauses, I can
imagine quite a few companies being quite resistant/hesitant about sharing
this information initially. This is where some discussion that is limited
in its exposure can be helpful to begin to break down that barrier.

Just like scanning, multiple methods of attacking the problem leads to the
best results?? (bad analogy, but seemed fitting ;)


Thus, I'd hate for (even tangentially) relevant discussions to SPDX to
fall into the black hole of private discussion on ftf-legal. As most
subscribers to *this* list know, I've been occasionally critical of SPDX
for various reasons, but I have *no* criticisms about the inclusiveness
and openness of SPDX's process, which are top-notch. Indeed, Martin
invited me to the SPDX list when he chartered it as "FOSS Bazaar Package
Facts". I've lurked on the list since its inception, and I've always been
welcomed to participate (sometimes even by pleading private phone calls
begging me to get more involved in SPDX :).
Lurking is completely fine for whomever. More involvement means more
opportunity to shape the process, so it's up to each participant to
determine their level of participation (just reiterating something said at
the SPDX Forum, for benefit of all).


In April 2012 at the Linux Foundation Collaboration Summit legal track
that I chaired, I explained the reasons that I don't regularly participate
in SPDX. For those who weren't present for that event, the two primary
reasons why I don't actively participate in SPDX are:

(a) SPDX currently has no plans nor mechanism to address the key and
most common FLOSS license compliance problem -- namely, inadequate
and/or missing "scripts to control compilation and installation of the
executable" for GPL'd and/or LGPL'd software. Given my limited time and
wide range of duties, I need to focus any time spent on new
compliance-assistance projects on solutions that will solve that primary
compliance problem before focusing on the (valuable but minor) ones that
SPDX seeks to address. (And many of you know, I've given my endorsement
to the Yocto project, as I think it's a good tool to help address the
key issue of FLOSS compliance. I also encouraged the Yocto project to
work more directly with SPDX, which I understand is now happening.)
I'm not sure it's the role of SPDX to address this problem (at least
directly - the goal/mission in terms of license compliance has been more
of facilitation, than doing the job of compliance itself). In any case -
we all have limited resources/time/energy, but I do think that the various
efforts (yours, SPDX, Yocto, and so forth...) come together at the common
goal of making the use, proliferation, health, compliance with licenses...
of open source software easier for all!



(b) I strongly object to the fact that most of the software being written
by SPDX committee participants utilizing the SPDX format is proprietary
software. I find this not only offensive but also ironic (i.e.,
developing and marketing *proprietary* software to help people better
utilize *Free* Software).
But all the tools coming out of the SPDX working groups are open source!
http://spdx.org/wiki/sandbox-tools (I think there are more than this, but
I'm not the one to appropriately answer that question).
To be fair, of course the companies who have commercial scanning tools are
going to include the ability to generate SPDX files as a feature - because
their customers are asking for it. So, there's both - that can't be all
bad ;)

Jilayne


Re: Import and export function of SPDX

Jilayne Lovejoy <jilayne.lovejoy@...>
 

(Apologies for falling off this exchange - had some other things come up
and am now getting caught up with various responses - lots of great
discussion, though!)

On 6/13/12 9:34 AM, "RUFFIN, MICHEL (MICHEL)"
<michel.ruffin@...> wrote:

So far our FOSS clauses are not aligned on the SPDX standard (we are
already happy when suppliers can comply to our requirements without too
much discussion so we did not formalize things too much)
One thing I noticed immediately about your clauses is the definition of
FOSS - which is quite broad. While I can understand why it might make
sense to use a broad definition for contracts, it includes some categories
of software (e.g. (ii) and (iii) in your definition) that other
people/parties might not consider "FOSS." In terms of the SPDX License
List, for example, I believe (if memory serves) that we discussed to what
"kinds" of licenses should be included on the list and an argument against
including, what I would refer to as "freeware" licenses (usually under
some kind of click-through EULA that more resembles a more traditional,
restrictive IP license, than open source) should not be on the list.
I don't know if this definition's breadth would necessarily create a
conflict in practical reality or not, but thought I'd at least point it
out...



What we request is the name of FOSS, the name of the license if it is OSI
compliant, or a copy of the license if it is not, the nature of the FOSS:
is it a library, a standalone software, an interpreter, ... in order to
determine if there is some potential contamination as with GPL.

Now we have already aligned our database on the SPDX taxonomy for naming
licenses, we will soon ask our suppliers to align on this taxonomy. I
have already prepared a document (in copy) to distribute to our suppliers
and partners on SPDX.
Thanks for sharing this. Really great to hear that you have adopted the
SPDX License List already. I'm not sure if you or anyone from your team
is on the legal work group mailing list, but that may be helpful to stay
on top of issues/updates/discussion there. (for example, a new version of
the license list was just uploaded this week :)

Jilayne

Jilayne Lovejoy | Corporate Counsel
OpenLogic, Inc.

jlovejoy@...
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| 720 240 4545





-----Message d'origine-----
De : Jilayne Lovejoy [mailto:jilayne.lovejoy@...]
Envoyé : mercredi 13 juin 2012 16:08
À : RUFFIN, MICHEL (MICHEL); Gary O'Neall; Peter Williams
Cc : spdx-tech@...; spdx@...
Objet : Re: Import and export function of SPDX

Hi Michel,

Thanks again for sharing your information. In regards to your posting (to
both this group and the FSF legal network) about the legal clauses, I have
noticed this and apologize as well for not responding sooner (it's still
in my inbox as a to-do item, sadly). In any case, a couple thoughts. It
is my understanding from your previous email(s), that you'd like to see
some kind of FOSS-related legal clause resource, is that correct? At the
moment, this is not within the scope of SPDX (albeit a great idea
generally!). This is probably something that could be discussed further
in terms of something to consider tackling in the longer-term road map.

More specifically, your "list of FOSS" clause (a)(ii), you require the
name of the license, license text, and whether it is OSI certified or not.
This is all information capture in the SPDX License List. Do you have an
internal list as well? If so, it would be great to discuss aligning any
licenses on your list for potential inclusion on the SPDX License List, if
not already included there and otherwise coordinating.

Cheers,

Jilayne Lovejoy | Corporate Counsel
jlovejoy@... | 720 240 4545
Twitter @jilaynelovejoy

OpenLogic, Inc.
10910 W 120th Ave, Suite 450
Broomfield, Colorado 80021
www.openlogic.com
Twitter @openlogic @cloudswing




On 6/13/12 6:45 AM, "RUFFIN, MICHEL (MICHEL)"
<michel.ruffin@...> wrote:

Gary, I think in my previous mail I expressed our use case:
1) getting information from our suppliers on FOSS included in their
products in order to respect license obligations and to provide this to
our customers
2) automate the work of ALU for accepting this FOSS in our products
3) being able to provide the same information to our customers.

I think it is covered by actual use cases, if not I can do a new one.

Now I would like to attract your attention on a document that I sent few
months ago to this mailing list and also to the FSF legal network group.
Which are the clauses that we put in the contracts with our suppliers and
their rationnal. The goal is to standardize these clauses and I receive
no feedback from anybody on this.

This should illustrate the use case. And I understand that I should use
the FSF legal network to discuss this. But I am very surprised that there
is no reaction/interest in this. It has been a huge ALU effort to shape
these conditions in order to reach acceptance to these conditions by most
companies.

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


-----Message d'origine-----
De : Gary O'Neall [mailto:gary@...]
Envoyé : mardi 12 juin 2012 19:29
À : 'Peter Williams'; RUFFIN, MICHEL (MICHEL)
Cc : spdx-tech@...; spdx@...
Objet : RE: Import and export function of SPDX

I believe the current SPDX tools will treat both RDF and Tag/Value in the
same manner - the documents will be readable by the tools but it will
fail a
validation (missing required field). For the command line tools, the
conversions or pretty printing will still work but you will get warning.

In terms of making the fields optional - I can see this as a valuable
change
for some of the use cases where that information is not available. There
is
need to make sure the components described in the SPDX file match the
actual
file artifacts, but that need can be filled by the per-file information.

Michel - Which use case best describes your use of SPDX
(http://spdx.org/wiki/spdx-20-use-cases). If there isn't a good
representation of your use case(s), could you provide a brief
description?
I want to make sure we cover this when working on SPDX 2.0.

Thanks,
Gary

-----Original Message-----
From: spdx-tech-bounces@...
[mailto:spdx-tech-bounces@...] On Behalf Of Peter Williams
Sent: Tuesday, June 12, 2012 9:27 AM
To: RUFFIN, MICHEL (MICHEL)
Cc: spdx-tech@...; spdx@...
Subject: Re: Import and export function of SPDX

On Tue Jun 12 06:02:03 2012, RUFFIN, MICHEL (MICHEL) wrote:
We have an issue with 2 fields that do not exist in our database.: the
name of the archive file and the checksum. In the SPDX standard they
are mandatory and I do not see why would it be possibly to make them
optional?
I think making those fields optional would be advantageous. Would you
mind
filing a bug[1] so that we don't forget to look into the issue for the
next
version.

As for your immediate issues of not having data for those fields, if you
are
using RDF i'd just skip them altogether in the SPDX file. While your file
will technically be invalid all reasonable SPDX consumers will not have a
problem with that information being absent unless they need it to
accomplish
their goal. (In which case they cannot use your SPDX files, anyway.) If
you
are using the tag-value format skipping the fields altogether will, i
think,
prove problematic due to that format's stricter syntactic constraints.
(Kate
or Gary, can you confirm this?)

[1]:
https://bugs.linuxfoundation.org/enter_bug.cgi?product=SPDX&component=Spe
c

Peter

PS: I am cc-ing the technical working group because it's participants are
best suited to answer these sorts of issues.

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Re: FOSS clauses for contracts & fora for discussing it (was Re: Clarification regarding "FSF legal network")

Philip Odence
 

Michel,
Your idea about standard FOSS clauses might fit into the charter of the
Linux Foundation Open Compliance Program.
http://www.linuxfoundation.org/programs/legal/compliance (To head off the
question, the program is for open source compliance in general, not
limited to Linux.)
I am cc'ing Ibrahim who coordinates that for the LF with hopes that he
will weigh in. (I believe, he's out of the office this week, so he may not
respond immediately.)
Phil

On 6/18/12 9:30 AM, "RUFFIN, MICHEL (MICHEL)"
<michel.ruffin@...> wrote:

Thank you very much for your quick answer and suggestions.

My goal is not only to standardize the legal text of our FOSS clauses. It
is also to
1) raise awareness about being able to provide the list of FOSS in a
proprietary product or in a big FOSS distribution (Linux, Open BSD,
Eclipse, Swing, ...)
2) Big companies are reluctant to provide you a FOSS list. They are more
or less in compliance but some of them provide you a URL on their web
site on which you find the list of their products and for each of them a
several megabyte ASCII File with the list of all licenses of FOSS on
their products. That's not usable at all. If one of their customer want
to resale their product in one of its products it has to read everything
and identify every action to comply "Ha yes this is apache1.1 so I have
to put some acknowledgement in my documentation!".
3) Liability clause/money damage. Big companies are not always accepting
it. I have been told by some of their lawyers: how can we guarantee that
we are not doing mistakes this is a too complex world. If you take a
Linux distribution with 6000 package and you look at packages, you can
find hundreds of various licenses in one package. Small companies accept
more easily these conditions, but they have not too much money. How do
you value the fact that you have to stop to distribute your product or
the potential issue to have to disclose your source code while it was not
planned and it is not your fault.
4) .... a lot of other issues

I would challenge the SPDX members to take a Linux standard distribution
and to provide me the SPDX file at file level (not at package level). Yes
open source is great but it is also really a Bazard 8-) and with maven
and cloud computing it will become worse.

So the effort is tremendous and cannot be done by one company, it should
be shared. And it is time to start.

So I will study the short terms options you propose. But for the long
term, I would to start to create a new mailing list of people who are
intereted in discussing FOSS governance standardization issues (to start:
FOSS clause in contracts, having a common Database under a king of
Wikipedia contribution system describing FOSS IP, having public tutorial
on FOSS issues, and perhaps things like lobbying to reduce the number of
FOSS licenses, ...); Martin, can we use the FOSS Bazaar infrastructure to
create the mailing list?

Michel.Ruffin@..., PhD
Software Coordination Manager, Bell Labs, Corporate CTO Dpt
Distinguished Member of Technical Staff
Tel +33 (0) 6 75 25 21 94
Alcatel-Lucent International, Centre de Villarceaux
Route De Villejust, 91620 Nozay, France


-----Message d'origine-----
De : Bradley M. Kuhn [mailto:bkuhn@...]
Envoyé : vendredi 15 juin 2012 19:49
À : RUFFIN, MICHEL (MICHEL)
Cc : spdx@...
Objet : FOSS clauses for contracts & fora for discussing it (was Re:
Clarification regarding "FSF legal network")

Michel,

I went back and read your previous posts from February on this topic,
(as I mentioned earlier in this thread, I don't follow SPDX closely. I
mostly joined this thread (Kibo-like) when the term "FSF" came up).

However, having gotten fully caught up on your posts, I think your idea
is a useful one. In my work doing GPL compliance, I have often had
situations where a downstream company has violated and they never
actually had clear clauses in their contract with upstream about what
would happen if a FLOSS license was violated. This has caused mass
confusion and made it more difficult to get the company into compliance.

In a few cases, there *were* clearly developed clauses like the ones you
mention, and it did indeed facilitate more easy work getting to compliance
on the product.

So, I'm thus supportive of your effort to
promulgate these standardized clauses regarding use of FLOSS in
upstream/downstream contracts. Meanwhile, I wish I had a better
suggestion for you of where to talk about the idea....

RUFFIN, MICHEL (MICHEL) wrote at 08:14 (EDT):
what is your suggestion for me to try to standardize these FOSS
clauses. What organization? I have tried SPDX, I have been advised to
go to FSFE legal network.
... as others have suggested, FOSS Bazaar might be a good place.

I have join the FSFE legal network and I tried to get a reaction
without success except "that's interesting"
It sounds like in addition to my objections to ftf-legal, that there
were other issues: your description seems to indicate ftf-legal wasn't
that interested in this giving useful feedback and collaboration on the
issue!

Any suggestion of organization that would have a look?
There was once a forum called "open-bar", which is at:
https://www.open-bar.org/discussion.html but it's mostly defunct AFAICT.
The mailing lists disappeared a while back. The last email from I have
in my archives for <discuss-general@...> was Tuesday 18 Mar
2008.

Meanwhile, as part of the FOSDEM 2012 Legal and Policy track I
coordinated along with Tom Marble, Richard Fontana, and Karen Sandler,
we had some very brief discussions about creating a forum for discussion
that was open and available to all about these issues (like open bar
was). However, it's unclear if, as a community, we're at a "build it
and they would come" moment, so none of us from the FOSDEM 2012 track
have put effort in.

Thus, at the moment, I think FOSS Bazaar is probably the best place to
host this sort of discussion venue, so I think if you want an immediate
discussion about your specific topic, that's probably the place to
start.

Also, as a medium-term suggestion, I strongly recommend you propose a
talk for (a) the FOSDEM 2013 Legal & Policy track, or (b) LinuxCon
(sadly, North America CFP just closed), or (c) at the 2013 Linux
Collaboration Summit Legal Track (which Richard Fontana & I will
co-chair) about the topic. Speaking about the topic at conferences is a
great way to get interest and feedback.

Long term, as a community, it'd be good to solve this general issue: the
fora that exist for Legal, Licensing and Policy issues in Free Software
are scattered across many different places, and some of the primary ones
are closed clubs. I've been witnessing the problem for years and I
don't have a good solution to propose to solve it.
--
-- bkuhn
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FW: License List Matching Guidelines - update

Philip Odence
 

To SPDX General List Members,
The legal team is putting final touches on matching guidelines. In case you have not been following, this is your chance to speak up if you see any show-stoppers. The legal team has been regularly reporting progress on this work, so I don't expect it to be a surprise for anyone, but I want to err on the side of over-communication as these guidelines will have ongoing technical implications.
Best,
Phil

From: Jilayne Lovejoy <jilayne.lovejoy@...>
Date: Thu, 14 Jun 2012 05:08:49 +0000
To: SPDX-legal <spdx-legal@...>
Cc: Phil Odence <podence@...>
Subject: License List Matching Guidelines - update

Hi All, 

We are aiming to finish (at least the first draft of) the SPDX License List Matching Guidelines by the end of June.  To this end, we made some progress on today's legal work stream call, but decided to schedule an additional, off-week call to help facilitate this goal.  

1) please review the updated matching guidelines here:  http://spdx.org/wiki/spdx-license-list-match-guidelines
In particular, note the decision to use {{ }} to indicate text that can be ignored for matching purposes, this applies in particular to the BSD and old Apache licenses.  I have made a first pass at these, but since you won't be able to see them until the new license list is posted, I'm attaching the relevant text files to this email for review/feedback.

2) if you have any additional thoughts or suggestions, please add a comment to that page at the bottom (note there are some comments already posted).  Please comment by end-of-business, next Wednesday, 20 June.

3) attend the special call to discuss all the posted comments and any other outstanding issues: 
Thursday, 21 June at 9am PT / noon ET (immediately after the business team call)
Dial-in: 1.866.740.1260
access: 2404545

4) if we don't complete everything on that call, we will finish up on the regular legal  call on 6/27 (but I hope to wrap up on next Thursday!!)

Let me know if you have any questions.

Cheers,

Jilayne Lovejoy |  Corporate Counsel
OpenLogic, Inc.
jlovejoy@...   720 240 4545


Re: Package Verification Code (section 4.7)

Gary O'Neall
 

Hi Marc-Etienne,

Responses inline below....

An example implementation of the 1.1 verification code can be found at
http://git.spdx.org/?p=spdx-tools.git;a=blob;f=src/org/spdx/rdfparser/Verifi
cationCodeGenerator.java;h=3c15b8b420fa1a5d5c5ed72d548c0cb43330d28c;hb=HEAD

Gary

-----Original Message-----
From: spdx-bounces@... [mailto:spdx-bounces@...] On
Behalf Of Marc-Etienne Vargenau
Sent: Tuesday, June 19, 2012 7:33 AM
To: spdx@...
Subject: Package Verification Code (section 4.7)

Hello,

The text of Package Verification Code (section 4.7) has been changed from
SPDX 1.0 to SPDX 1.1 draft.

1) Does that mean that the algorithm changed or is it just described better?
[Gary] See bug 968 (https://bugs.linuxfoundation.org/show_bug.cgi?id=968)
for a description of the problems and fixes in the Package Verification code
algorithm.

2) After sorting, the CR/LF must be removed before applying SHA1?
[Gary] Correct

3) The text in SPDX 1.1 draft refers to "normalized_filename"
but this is no longer defined.
[Gary] This is probably a bug in the spec - if you don't mind, go ahead and
add a bug for this. BTW - the normalized filename was more critical in the
previous algorithms since it included the filename in the checksum
calculation. A fix for the documentation may just be removing the
referenced and calling it just a filename.

Best regards,

Marc-Etienne

--
Marc-Etienne Vargenau
Alcatel-Lucent France, Route de Villejust, 91620 NOZAY, FRANCE
+33 (0)1 30 77 28 33, Marc-Etienne.Vargenau@...
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