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x11 license markup or new license #2424

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jopejoe1 opened this issue Mar 19, 2024 · 3 comments
Open

x11 license markup or new license #2424

jopejoe1 opened this issue Mar 19, 2024 · 3 comments
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discuss on legal call XML markup change potential change or addition to XML markup in license
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@jopejoe1
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Found while updating generic free packages in nixpkgs.
Found in https://github.com/vrld/slam/blob/master/slam.lua and https://github.com/fedeinthemix/chez-srfi/blob/master/srfi/LICENSE

Copyright (c) 2011 Matthias Richter
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

Except as contained in this notice, the name(s) of the above copyright holders
shall not be used in advertising or otherwise to promote the sale, use or
other dealings in this Software without prior written authorization.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

Diffrence to x11:

  1. Warranty and advertisement sections swaped place
  2. Removed the from the X Consortium. ending from the advertisement section
@karsten-klein
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{metæffekt} Universe
canonical name: X11 License
markers: Do Not Promote Marker, No Warranty Marker
category: X11
SPDX reference id: X11
ScanCode reference id: x11-xconsortium
Open CoDE status: approved
Open CoDE approved id: X11 (SPDX)

ScanCode
matched id: x11-xconsortium

Comment
I regard that the variation in the clause "Except as contained..." does not mandate another license template. So +1 in adjusting the X11 xml to match X11 in this case. This would than also match the ScanCode and {metæffekt} Universe interpretation of the given license text.

@jlovejoy jlovejoy added this to the 3.24 milestone Apr 4, 2024
@jlovejoy jlovejoy added discuss on legal call XML markup change potential change or addition to XML markup in license labels Apr 11, 2024
@swinslow
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Discussed on 2024-04-25 legal team call, generally agreed that it would be ideal to handle these as part of the X11 license if markup can accommodate it; but not sure technically whether regexes in XML can actually handle swapping the order of the two paragraphs. If can't handle, then probably add as a separate license.

That said, existing matching guidelines at https://spdx.github.io/spdx-spec/v2.3/license-matching-guidelines-and-templates/#b32-guideline-verbatim-text say that differently ordered paragraphs should be treated as not matching:

B.3.2 Guideline: verbatim text

License and exception text should be the same verbatim text (except for the guidelines stated here). The text should be in the same order, e.g., differently ordered paragraphs would not be considered a match.

Given that, unless we're revisiting B.3.2, probably we should add this as a separate license ID.

@xsuchy
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xsuchy commented Apr 26, 2024

We already had a similar case a few months ago. No, swapping the order of paragraphs is impossible with the current XML markup.

@swinslow swinslow modified the milestones: 3.24, 3.25 May 21, 2024
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