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Asterisk-linking-protocols-exception #2390

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sertonix opened this issue Feb 12, 2024 · 8 comments · Fixed by #2475
Closed

Asterisk-linking-protocols-exception #2390

sertonix opened this issue Feb 12, 2024 · 8 comments · Fixed by #2475

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@sertonix
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sertonix commented Feb 12, 2024

In the LICENSE file of asterisk there is a custom paragraph to allow some linking:

Specific permission is also granted to link Asterisk with OpenSSL, OpenH323
UniMRCP, and/or the UW IMAP Toolkit and distribute the resulting binary files.

I haven't found a way to express that in a spdx license identifier.

Asterisk-exception is for something different if I understand it correctly.

@jlovejoy jlovejoy added this to the 3.24 milestone Feb 15, 2024
@jlovejoy
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I'm not sure this is really a specific license exception as the total of this LICENSE file seems to be to explain the licensing overview of the project and where things might be differently licensed or how to request a different license.

I think the bit you quote is referring to https://github.com/asterisk/libpri and files in that part. That exception is on the SPDX License List at https://spdx.org/licenses/libpri-OpenH323-exception.html
see #1939 and related issue at #1971

@karsten-klein
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karsten-klein commented Feb 24, 2024

This is another case for https://github.com/spdx/change-proposal/blob/main/proposals/Modifiers.md since SPDX do not support modifiers other than exceptions. I agree that the case here is not an exception as usual. Exceptions usually relief from obligations. Here we have a grant of additional permissions.

Our engine resolves the text as follows:
License: GNU General Public License 2.0 (with Asterisk Linking Permission)
Marker: Trademark Marker, Authors View Marker

The Authors View Marker is added due to the section

It is our belief that applications using these protocols to manage or control an
Asterisk instance do not have to be licensed under the GPL or a compatible license

I'm trying to convince the SPDX team for a long time now to open the modifiers to not only include exceptions, but without success. So for the time being you will have to represent the license as

GPL-2.0-only AND LicenseRef-Asterisk-Linking-Permission

where the LicenseRef represents the additional grant text. This is also how we would represent our scanner identification in an SPDX document (which may be seen as imprecise).

Btw: https://spdx.org/licenses/Asterisk-exception.html is also not an exception in the classical sense. It's a sublicensing modifier.

@jlovejoy
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@karsten-klein - note that the "exceptions" on the SPDX License do/can include additional permissions as stated on https://spdx.org/licenses/exceptions-index.html
"These exceptions grant an exception to a license condition or additional permissions beyond those granted in a license; they are not stand-alone licenses."

am I missing something?

@jlovejoy
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Our engine resolves the text as follows:
License: GNU General Public License 2.0 (with Asterisk Linking Permission)

doesn't that resolve back to this repo and issue, then?

@jlovejoy
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jlovejoy commented May 9, 2024

discussed on the last couple legal calls, as of May 9th and decided to add but use the following text:

Specific permission is also granted to link Asterisk with OpenSSL, OpenH323
UniMRCP, and/or the UW IMAP Toolkit and distribute the resulting binary files.

In addition, Asterisk implements several management/control protocols.
This includes the Asterisk Manager Interface (AMI), the Asterisk Gateway
Interface (AGI), and the Asterisk REST Interface (ARI). It is our belief
that applications using these protocols to manage or control an Asterisk
instance do not have to be licensed under the GPL or a compatible license,
as we believe these protocols do not create a 'derivative work' as referred
to in the GPL. However, should any court or other judiciary body find that
these protocols do fall under the terms of the GPL, then we hereby grant you a
license to use these protocols in combination with Asterisk in external
applications licensed under any license you wish.

suggested ID: Asterisk-linking-protocols-exception

@swinslow
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swinslow commented May 9, 2024

Discussed on 2024-05-09 legal team call, this ID (and a comparable name) makes sense to me too, given that we've already got an Asterisk-exception previously on the list. +1 to add

@jlovejoy
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jlovejoy commented May 14, 2024

License Inclusion Decision

Decision:

  • approved
  • not approved

Name

Asterisk linking protocols exception

License ID

Asterisk-linking-protocols-exception

XML markup

none at this time

Notes:

see comment above for text of exception

Next steps

If the license has been accepted, please follow the accepted-license process to create the PR.

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This new license/exception request has been accepted and the information for the license/exception has been merged to the repository. Thank you to everyone who has participated!
The license/exception will be published at https://spdx.org/licenses/ as part of the next SPDX License List release, which is expected to be in three months' time or sooner. In the interim, the new license will appear on the license list preview site at https://spdx.github.io/license-list-data/.
This is an automated message.

@swinslow swinslow changed the title Asterisk linking exceptions Asterisk-linking-protocols-exception May 22, 2024
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4 participants