[Xerte-dev] FW: GPL Code in GitHub

Wed Mar 4 15:45:59 GMT 2015

Re: recent discussions on GPL code in the github, this is probably the most pertinent response... and this the most pertinent bit: "So to play safe - simply keep it outside the Apache code base at all."

I think Apereo would share this view. The whole reason to do Apache license is to make it super-crystal clear that this code is absolutely fine for whatever re-use you want to make of it, and GPL is definitely not even the merest inkling of a problem for you. That would be undermined if we had a repo with GPL code in it.

It's really a huge irony that the GPL means software isn't adopted, however, it is good that most developers understand this and don't use it.

-----Original Message-----
From: Stian Soiland-Reyes [mailto:stain at apache.org] 
Sent: 04 March 2015 15:31
To: general at incubator.apache.org
Subject: Re: GPL Code in GitHub

There's not strictly a legal problem with the GPL-using code to be in Apache's source code repository (and itself be under the Apache
license) - but due to the 'viral' nature of GPL, any compiled products become GPL as well.

For LGPL dependencies this is less of a worry - but still LGPL comes with the requirement that you have to be able to replace the LGPL bit with your own version - which of course is easy enough when you can move around a JAR in a folder - but not so easy if the Apache-licensed code has been inserted into a DVD player.

Several projects [1] do use GPL/LGPL dependencies, but solely for test and build - which is kind-of OK (although [2] has not been updated yet to explain test dependencies).

The danger is that that compiled code makes it into an Apache binary release (say by a new committer in two years time) - or that a consumer downloads the Apache source code, compiles it, and then distributes the binaries without knowing the the GPL implications of that.

So to play safe - simply keep it outside the Apache code base at all.

[1] https://mail-archives.apache.org/mod_mbox/www-legal-discuss/201501.mbox/%3C54AB9926.4080902@apache.org%3E
[2] https://www.apache.org/legal/resolved.html#build-tools

On 4 March 2015 at 15:22, Julian Tenney <Julian.Tenney at nottingham.ac.uk> wrote:
> We have two things that are GPL: one is optional, I don't have any problem with that. I'm trying to get a bit more understanding of the other one!
>
> But the point is taken: if that component is needed to make a certain function work, and that function is considered a central part of the software (a feature as it were), then there is a problem.
>
> So it follows that any GPL based stuff must be optional, bringing additional functionality.
>
> I know the developer is going to ask why can't it live in the repository. But first I'll find out if it is a feature or an option.
>
> -----Original Message-----
> From: Jean-Baptiste Onofré [mailto:jb at nanthrax.net]
> Sent: 04 March 2015 15:17
> To: general at incubator.apache.org
> Subject: Re: GPL Code in GitHub
>
> Exactly, that's why I asked ;)
>
> Just to be sure, else it's an issue IMHO.
>
> Regards
> JB
>
> On 03/04/2015 04:14 PM, Benson Margulies wrote:
>> An Apache project may not manage a codebase outside of Apache. Some 
>> people who happen to be members of an Apache community can maintain 
>> code outside of Apache, if they are very clear in distinguishing; it 
>> must not be a product of the project. See 'Apache Extras'.
>>
>> On Wed, Mar 4, 2015 at 8:46 AM, Jean-Baptiste Onofré 
>> <jb at nanthrax.net>
>> wrote:
>>
>>> Hi Julian,
>>>
>>> the code is not included in the project (just a reference) ?
>>>
>>> Regards
>>> JB
>>>
>>>
>>> On 03/04/2015 02:44 PM, Julian Tenney wrote:
>>>
>>>> Question: I know I've seen this discussed here before, and in any 
>>>> case, you guys are the best source for an answer:
>>>>
>>>> Can we have GPL code in a repository as long as that is not 
>>>> distributed with the product in a 'official' release?
>>>>
>>>> Thanks a lot,
>>>>
>>>> Julian
>>>>
>>>>
>>>>
>>>>
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>>> --
>>> Jean-Baptiste Onofré
>>> jbonofre at apache.org
>>> http://blog.nanthrax.net
>>> Talend - http://www.talend.com
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>
> --
> Jean-Baptiste Onofré
> jbonofre at apache.org
> http://blog.nanthrax.net
> Talend - http://www.talend.com
>
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--
Stian Soiland-Reyes
Apache Taverna (incubating)
http://orcid.org/0000-0001-9842-9718

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