Re: Example of RFC 3978 incompatible license indraft-eastlake-sha2-02.txt

[Simon Josefsson <[e-mail]>]

Brian E Carpenter <[e-mail]> writes:

> But it doesn't restrict the right to make use of code extracts;

It does: it restricts you from using code in any way you like,
including things that are permitted by the RFC 3978 license.

If a license A require that you place no additional restrictions on a
piece of code, you cannot combine it with a license B that require
that "this document is identified in all material mentioning or
referencing this software".  Here we have A=GPL B=license below.

This is a similar problem that the IAB found with the LGPL code in
rfc3548bis.

> I personally don't see that as an incompatibility.

Technically speaking, the licenses are incompatible.  The situation is
similar to the problem with the old BSD license, see:

http://www.gnu.org/philosophy/bsd.html

> And it doesn't contain an additional copyright statement, which 3978
> specifically forbids.

No disagreement here.

/Simon

>     Brian "IANAL" Carpenter
>
> Simon Josefsson wrote:
>> The license below appear to require acknowledgements of the source:
>>
>>     provided that this document is identified in all material mentioning
>> or referencing this software
>>
>> There is no such requirement in the release to third parties of code in
>> RFC 3978 3.3.a.(E), thus the above requirement places an additional
>> restriction on a derived work from the document.  The restriction is
>> similar to the one in the LGPL: you may use the code provided that you
>> follow certain rules that goes beyond those specified by RFC 3978.
>>
>> Again, I believe clauses like this are fine -- they help get the RFC
>> implemented, and thus further the goal of the IETF.  But if the IAB claim
>> that the "GNU Public License" (sic) is incompatible with RFC 3978, then in
>> fairness, so should other RFC 3978 incompatible licenses be regarded.
>>
>> /Simon
>>
>>
>>>Hi Simon,
>>>
>>>Can you point out the specific clauses in the two licenses that you
>>>think are incompatible?
>>>
>>>dbh
>>>
>>>
>>>
>>>
>>>>-----Original Message-----
>>>>From: Simon Josefsson [mailto:[e-mail]]
>>>>Sent: Tuesday, July 11, 2006 8:56 AM
>>>>To: [e-mail]
>>>>Subject: Example of RFC 3978 incompatible license
>>>>indraft-eastlake-sha2-02.txt
>>>>
>>>>There has been an argument from the IAB that the "GNU Public
>>>
>>>License"
>>>
>>>>(sic) is incompatible with the RFC 3978 license, and thus code
>>>>licensed under that license cannot be part of a document.  I'm told
>>>>this IAB notice should be sent to this WG, but I haven't seen it
>>>
>>>yet.
>>>
>>>>Meanwhile, I'd like to point out that recently approved
>>>>draft-eastlake-sha2-02 contains this license:
>>>>
>>>>1.1 License
>>>>
>>>>   Royalty free license to copy and use this software is granted
>>>>   provided that this document is identified in all material
>>>>mentioning
>>>>   or referencing this software. Royalty free license is also
>>>>granted to
>>>>   make and use derivative works provided that such works are
>>>>identified
>>>>   as derived from this work.
>>>>
>>>>   The authors make no representations concerning either the
>>>>   merchantability of this software or the suitability of
>>>>this software
>>>>   for any particular purpose. It is provided "as is" without
>>>>express or
>>>>   implied warranty of any kind.
>>>>
>>>>As far as I can tell, this is incompatible with the RFC 3978
>>>
>>>license.
>>>
>>>>The license also seems incompatible with the notion that code
>>>
>>>excerpts
>>>
>>>>should be modifiable, without additional restrictions.
>>>>
>>>>Personally, I believe the license above, and the (L)GPL, are fine
>>>
>>>for
>>>
>>>>use on code in RFCs.
>>>>
>>>>Are there any thoughts on license incompatibilities from the IPR WG?
>>>>
>>>>Thanks,
>>>>Simon
>>>>
>>>>_______________________________________________
>>>>Ipr-wg mailing list
>>>>[e-mail]
>>>>https://www1.ietf.org/mailman/listinfo/ipr-wg
>>>>
>>>
>>>
>>
>>
>>
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