Re: [PATCH] module.h: add copyleft-next >= 0.3.1 as GPL compatible

From: Luis R. Rodriguez
Date: Wed Jun 29 2016 - 15:05:54 EST


On Tue, Jun 14, 2016 at 11:35:11AM -0700, Luis R. Rodriguez wrote:
> copyleft-next [0] [1] is an openly evolved copyleft license, its an
> effort to evolve copyleft without participation of the Church (TM)
> or State (R), completley openly to the extend development and
> discussion of copyleft-next by participants of the copyleft-next
> project are governed by the Harvey Birdman Rule [2].
>
> Even though it has been a goal of the project to be GPL-v2 compatible
> to be certain I've asked for a clarification about what makes
> copyleft-next GPLv2 compatible and also asked for a summary of
> benefits. This prompted some small minor changes to make compatiblity
> even further clear and as of copyleft 0.3.1 compatibility should
> be crystal clear [3].
>
> The summary of why copyleft-next 0.3.1 is compatible with GPLv2
> is explained as follows:
>
> Like GPLv2, copyleft-next requires distribution of derivative works
> ("Derived Works" in copyleft-next 0.3.x) to be under the same license.
> Ordinarily this would make the two licenses incompatible. However,
> copyleft-next 0.3.1 says: "If the Derived Work includes material
> licensed under the GPL, You may instead license the Derived Work under
> the GPL." "GPL" is defined to include GPLv2.
>
> In practice this means copyleft-next code in Linux may be licensed
> under the GPL2, however there are additional obvious gains for
> bringing contributins from Linux outbound where copyleft-next is
> preferred. To help review further I've also independently reviewed
> compatiblity with attorneys at SUSE and they agree with the
> compatibility.
>
> A summary of benefits of copyleft-next >= 0.3.1 over GPLv2 is listed
> below, it shows *why* some folks like myself will prefer it over
> GPLv2 for future work.
>
> o It is much shorter and simpler
> o It has an explicit patent license grant, unlike GPLv2
> o Its notice preservation conditions are clearer
> o More free software/open source licenses are compatible
> with it (via section 4)
> o The source code requirement triggered by binary distribution
> is much simpler in a procedural sense
> o Recipients potentially have a contract claim against distributors
> who are noncompliant with the source code requirement
> o There is a built-in inbound=outbound policy for upstream
> contributions (cf. Apache License 2.0 section 5)
> o There are disincentives to engage in the controversial practice
> of copyleft/ proprietary dual-licensing
> o In 15 years copyleft expires, which can be advantageous
> for legacy code
> o There are explicit disincentives to bringing patent infringement
> claims accusing the licensed work of infringement (see 10b)
> o There is a cure period for licensees who are not compliant
> with the license (there is no cure opportunity in GPLv2)
> o copyleft-next has a 'built-in or-later' provision
>
> [0] https://github.com/copyleft-next/copyleft-next
> [1] https://lists.fedorahosted.org/mailman/listinfo/copyleft-next/
> [2] https://github.com/richardfontana/hbr/blob/master/HBR.md
> [3] https://lists.fedorahosted.org/archives/list/copyleft-next@xxxxxxxxxxxxxxxxxxxxxx/thread/JTGV56DDADWGKU7ZKTZA4DLXTGTLNJ57/#SQMDIKBRAVDOCT4UVNOOCRGBN2UJIKHZ
>
> Cc: copyleft-next@xxxxxxxxxxxxxxxxxxxxxx
> Cc: Richard Fontana <fontana@xxxxxxxxxxxxxxx>
> Signed-off-by: Ciaran Farrell <Ciaran.Farrell@xxxxxxxx>
> Signed-off-by: Christopher De Nicolo <Christopher.DeNicolo@xxxxxxxx>
> Signed-off-by: Luis R. Rodriguez <mcgrof@xxxxxxxxxx>
> ---
>
> I've tested its use at run time as well obviously.
>
> include/linux/license.h | 1 +
> include/linux/module.h | 1 +
> 2 files changed, 2 insertions(+)
>

Greg, Rusty,

I haven't seen any objections or questions, so just a friendly *poke*.

Luis