Re: [Jamon-users] jamon license confirmation

[Robert R. <rr...@re...>]

Ideally we would like license headers in all the source files, each 
package have a copy of the license text included in their source, and a 
new release of each package with the license text if possible.

I'm not sure what your release schedule/process looks like for each of 
the packages, but a new stable release with only the license related 
changes would be great.  If that isn't doable then we could probably do 
a release of the latest stable with a patch from your repo containing 
just the license info.  If devel is functional we could also do a 
pre-release package.

Rob

On 10/06/2013 12:28 PM, Ian Robertson wrote:
> I can confirm that all code located under
> svn://svn.code.sf.net/p/jamon/code/releases
> <http://svn.code.sf.net/p/jamon/code/releases> is in fact licensed under
> MPL 1.1, and that the text of our license is as you quoted above.
>
> Regarding ticket 44, do you just need LICENSE files checked in to
> source, do you need the license text prepended to each source file that
> does not already have it, or do you also need new releases of each of
> the specified packages?
>
>    - Ian
>
>
> On Thu, Oct 3, 2013 at 2:09 PM, Robert Rati <rr...@re...
> <mailto:rr...@re...>> wrote:
>
>     The Fedora Big Data SIG would like to package jamon for Fedora, but we
>     are currently unable to because there is not a copy of the license
>     included in the source distribution.  In browsing the repository it
>     appears that the code is all licensed under MPL1.1.  The MPL 1.1 license
>     itself requires that a copy of the license be included in any
>     redistribution of the source code.  Additionally, one of the
>     requirements for packaging is that the text of the license be included
>     with the source if the license requires it:
>
>     https://fedoraproject.org/wiki/Packaging:LicensingGuidelines?rd=Packaging/LicensingGuidelines#License_Text
>
>     Therefore we must resolve or at least verify the license text for the
>     source code.  There is a ticket logged asking for the license text to be
>     added to the various source directories:
>
>     http://sourceforge.net/p/jamon/bugs/44/
>
>     Not all of the source files have a header with licensing information, so
>     I would like to verify that all the source code in the various
>     directories and releases under
>
>     svn://svn.code.sf.net/p/jamon/code/releases
>     <http://svn.code.sf.net/p/jamon/code/releases>
>
>     is in fact licensed under MPL 1.1.  Further I would like to confirm that
>     the text of your license is the following:
>
>     (Plain text version)
>     Mozilla Public License Version 1.1
>     1. Definitions.
>
>     1.0.1. "Commercial Use"
>           means distribution or otherwise making the Covered Code available
>     to a third party.
>     1.1. "Contributor"
>           means each entity that creates or contributes to the creation of
>     Modifications.
>     1.2. "Contributor Version"
>           means the combination of the Original Code, prior Modifications
>     used by a Contributor, and the Modifications made by that particular
>     Contributor.
>     1.3. "Covered Code"
>           means the Original Code or Modifications or the combination of the
>     Original Code and Modifications, in each case including portions
>     thereof.
>     1.4. "Electronic Distribution Mechanism"
>           means a mechanism generally accepted in the software development
>     community for the electronic transfer of data.
>     1.5. "Executable"
>           means Covered Code in any form other than Source Code.
>     1.6. "Initial Developer"
>           means the individual or entity identified as the Initial Developer
>     in the Source Code notice required by Exhibit A.
>     1.7. "Larger Work"
>           means a work which combines Covered Code or portions thereof with
>     code not governed by the terms of this License.
>     1.8. "License"
>           means this document.
>     1.8.1. "Licensable"
>           means having the right to grant, to the maximum extent possible,
>     whether at the time of the initial grant or subsequently acquired, any
>     and all of the rights conveyed herein.
>     1.9. "Modifications"
>
>           means any addition to or deletion from the substance or structure
>     of either the Original Code or any previous Modifications. When Covered
>     Code is released as a series of files, a Modification is:
>
>               Any addition to or deletion from the contents of a file
>     containing Original Code or previous Modifications.
>               Any new file that contains any part of the Original Code or
>     previous Modifications.
>
>     1.10. "Original Code"
>           means Source Code of computer software code which is described in
>     the Source Code notice required by Exhibit A as Original Code, and
>     which, at the time of its release under this License is not already
>     Covered Code governed by this License.
>     1.10.1. "Patent Claims"
>           means any patent claim(s), now owned or hereafter acquired,
>     including without limitation, method, process, and apparatus claims, in
>     any patent Licensable by grantor.
>     1.11. "Source Code"
>           means the preferred form of the Covered Code for making
>     modifications to it, including all modules it contains, plus any
>     associated interface definition files, scripts used to control
>     compilation and installation of an Executable, or source code
>     differential comparisons against either the Original Code or another
>     well known, available Covered Code of the Contributor's choice. The
>     Source Code can be in a compressed or archival form, provided the
>     appropriate decompression or de-archiving software is widely available
>     for no charge.
>     1.12. "You" (or "Your")
>           means an individual or a legal entity exercising rights under, and
>     complying with all of the terms of, this License or a future version of
>     this License issued under Section 6.1. For legal entities, "You"
>     includes any entity which controls, is controlled by, or is under common
>     control with You. For purposes of this definition, "control" means (a)
>     the power, direct or indirect, to cause the direction or management of
>     such entity, whether by contract or otherwise, or (b) ownership of more
>     than fifty percent (50%) of the outstanding shares or beneficial
>     ownership of such entity.
>
>     2. Source Code License.
>     2.1. The Initial Developer Grant.
>
>     The Initial Developer hereby grants You a world-wide, royalty-free,
>     non-exclusive license, subject to third party intellectual property
>     claims:
>
>           under intellectual property rights (other than patent or
>     trademark)
>     Licensable by Initial Developer to use, reproduce, modify, display,
>     perform, sublicense and distribute the Original Code (or portions
>     thereof) with or without Modifications, and/or as part of a Larger
>     Work; and
>           under Patents Claims infringed by the making, using or selling of
>     Original Code, to make, have made, use, practice, sell, and offer for
>     sale, and/or otherwise dispose of the Original Code (or portions
>     thereof).
>           the licenses granted in this Section 2.1 (a) and (b) are effective
>     on the date Initial Developer first distributes Original Code under the
>     terms of this License.
>           Notwithstanding Section 2.1 (b) above, no patent license is
>     granted: 1) for code that You delete from the Original Code; 2) separate
>     from the Original Code; or 3) for infringements caused by: i) the
>     modification of the Original Code or ii) the combination of the Original
>     Code with other software or devices.
>
>     2.2. Contributor Grant.
>
>     Subject to third party intellectual property claims, each Contributor
>     hereby grants You a world-wide, royalty-free, non-exclusive license
>
>           under intellectual property rights (other than patent or
>     trademark)
>     Licensable by Contributor, to use, reproduce, modify, display, perform,
>     sublicense and distribute the Modifications created by such Contributor
>     (or portions thereof) either on an unmodified basis, with other
>     Modifications, as Covered Code and/or as part of a Larger Work; and
>           under Patent Claims infringed by the making, using, or selling of
>     Modifications made by that Contributor either alone and/or in
>     combination with its Contributor Version (or portions of such
>     combination), to make, use, sell, offer for sale, have made, and/or
>     otherwise dispose of: 1) Modifications made by that Contributor (or
>     portions thereof); and 2) the combination of Modifications made by that
>     Contributor with its Contributor Version (or portions of such
>     combination).
>           the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective
>     on the date Contributor first makes Commercial Use of the Covered Code.
>           Notwithstanding Section 2.2 (b) above, no patent license is
>     granted: 1) for any code that Contributor has deleted from the
>     Contributor Version; 2) separate from the Contributor Version; 3) for
>     infringements caused by: i) third party modifications of Contributor
>     Version or ii) the combination of Modifications made by that Contributor
>     with other software (except as part of the Contributor Version) or other
>     devices; or 4) under Patent Claims infringed by Covered Code in the
>     absence of Modifications made by that Contributor.
>
>     3. Distribution Obligations.
>     3.1. Application of License.
>
>     The Modifications which You create or to which You contribute are
>     governed by the terms of this License, including without limitation
>     Section 2.2. The Source Code version of Covered Code may be distributed
>     only under the terms of this License or a future version of this License
>     released under Section 6.1, and You must include a copy of this License
>     with every copy of the Source Code You distribute. You may not offer or
>     impose any terms on any Source Code version that alters or restricts the
>     applicable version of this License or the recipients' rights hereunder.
>     However, You may include an additional document offering the additional
>     rights described in Section 3.5.
>     3.2. Availability of Source Code.
>
>     Any Modification which You create or to which You contribute must be
>     made available in Source Code form under the terms of this License
>     either on the same media as an Executable version or via an accepted
>     Electronic Distribution Mechanism to anyone to whom you made an
>     Executable version available; and if made available via Electronic
>     Distribution Mechanism, must remain available for at least twelve (12)
>     months after the date it initially became available, or at least six (6)
>     months after a subsequent version of that particular Modification has
>     been made available to such recipients. You are responsible for ensuring
>     that the Source Code version remains available even if the Electronic
>     Distribution Mechanism is maintained by a third party.
>     3.3. Description of Modifications.
>
>     You must cause all Covered Code to which You contribute to contain a
>     file documenting the changes You made to create that Covered Code and
>     the date of any change. You must include a prominent statement that the
>     Modification is derived, directly or indirectly, from Original Code
>     provided by the Initial Developer and including the name of the Initial
>     Developer in (a) the Source Code, and (b) in any notice in an Executable
>     version or related documentation in which You describe the origin or
>     ownership of the Covered Code.
>     3.4. Intellectual Property Matters
>     (a) Third Party Claims
>
>     If Contributor has knowledge that a license under a third party's
>     intellectual property rights is required to exercise the rights granted
>     by such Contributor under Sections 2.1 or 2.2, Contributor must include
>     a text file with the Source Code distribution titled "LEGAL" which
>     describes the claim and the party making the claim in sufficient detail
>     that a recipient will know whom to contact. If Contributor obtains such
>     knowledge after the Modification is made available as described in
>     Section 3.2, Contributor shall promptly modify the LEGAL file in all
>     copies Contributor makes available thereafter and shall take other steps
>     (such as notifying appropriate mailing lists or newsgroups) reasonably
>     calculated to inform those who received the Covered Code that new
>     knowledge has been obtained.
>     (b) Contributor APIs
>
>     If Contributor's Modifications include an application programming
>     interface and Contributor has knowledge of patent licenses which are
>     reasonably necessary to implement that API, Contributor must also
>     include this information in the legal file.
>     (c) Representations.
>
>     Contributor represents that, except as disclosed pursuant to Section 3.4
>     (a) above, Contributor believes that Contributor's Modifications are
>     Contributor's original creation(s) and/or Contributor has sufficient
>     rights to grant the rights conveyed by this License.
>     3.5. Required Notices.
>
>     You must duplicate the notice in Exhibit A in each file of the Source
>     Code. If it is not possible to put such notice in a particular Source
>     Code file due to its structure, then You must include such notice in a
>     location (such as a relevant directory) where a user would be likely to
>     look for such a notice. If You created one or more Modification(s) You
>     may add your name as a Contributor to the notice described in Exhibit A.
>     You must also duplicate this License in any documentation for the Source
>     Code where You describe recipients' rights or ownership rights relating
>     to Covered Code. You may choose to offer, and to charge a fee for,
>     warranty, support, indemnity or liability obligations to one or more
>     recipients of Covered Code. However, You may do so only on Your own
>     behalf, and not on behalf of the Initial Developer or any Contributor.
>     You must make it absolutely clear than any such warranty, support,
>     indemnity or liability obligation is offered by You alone, and You
>     hereby agree to indemnify the Initial Developer and every Contributor
>     for any liability incurred by the Initial Developer or such Contributor
>     as a result of warranty, support, indemnity or liability terms You
>     offer.
>     3.6. Distribution of Executable Versions.
>
>     You may distribute Covered Code in Executable form only if the
>     requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for
>     that Covered Code, and if You include a notice stating that the Source
>     Code version of the Covered Code is available under the terms of this
>     License, including a description of how and where You have fulfilled the
>     obligations of Section 3.2. The notice must be conspicuously included in
>     any notice in an Executable version, related documentation or collateral
>     in which You describe recipients' rights relating to the Covered Code.
>     You may distribute the Executable version of Covered Code or ownership
>     rights under a license of Your choice, which may contain terms different
>     from this License, provided that You are in compliance with the terms of
>     this License and that the license for the Executable version does not
>     attempt to limit or alter the recipient's rights in the Source Code
>     version from the rights set forth in this License. If You distribute the
>     Executable version under a different license You must make it absolutely
>     clear that any terms which differ from this License are offered by You
>     alone, not by the Initial Developer or any Contributor. You hereby agree
>     to indemnify the Initial Developer and every Contributor for any
>     liability incurred by the Initial Developer or such Contributor as a
>     result of any such terms You offer.
>     3.7. Larger Works.
>
>     You may create a Larger Work by combining Covered Code with other code
>     not governed by the terms of this License and distribute the Larger Work
>     as a single product. In such a case, You must make sure the requirements
>     of this License are fulfilled for the Covered Code.
>     4. Inability to Comply Due to Statute or Regulation.
>
>     If it is impossible for You to comply with any of the terms of this
>     License with respect to some or all of the Covered Code due to statute,
>     judicial order, or regulation then You must: (a) comply with the terms
>     of this License to the maximum extent possible; and (b) describe the
>     limitations and the code they affect. Such description must be included
>     in the legal file described in Section 3.4 and must be included with all
>     distributions of the Source Code. Except to the extent prohibited by
>     statute or regulation, such description must be sufficiently detailed
>     for a recipient of ordinary skill to be able to understand it.
>     5. Application of this License.
>
>     This License applies to code to which the Initial Developer has attached
>     the notice in Exhibit A and to related Covered Code.
>     6. Versions of the License.
>     6.1. New Versions
>
>     Netscape Communications Corporation ("Netscape") may publish revised
>     and/or new versions of the License from time to time. Each version will
>     be given a distinguishing version number.
>     6.2. Effect of New Versions
>
>     Once Covered Code has been published under a particular version of the
>     License, You may always continue to use it under the terms of that
>     version. You may also choose to use such Covered Code under the terms of
>     any subsequent version of the License published by Netscape. No one
>     other than Netscape has the right to modify the terms applicable to
>     Covered Code created under this License.
>     6.3. Derivative Works
>
>     If You create or use a modified version of this License (which you may
>     only do in order to apply it to code which is not already Covered Code
>     governed by this License), You must (a) rename Your license so that the
>     phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any
>     confusingly similar phrase do not appear in your license (except to note
>     that your license differs from this License) and (b) otherwise make it
>     clear that Your version of the license contains terms which differ from
>     the Mozilla Public License and Netscape Public License. (Filling in the
>     name of the Initial Developer, Original Code or Contributor in the
>     notice described in Exhibit A shall not of themselves be deemed to be
>     modifications of this License.)
>     7. Disclaimer of warranty
>
>     Covered code is provided under this license on an "as is" basis, without
>     warranty of any kind, either expressed or implied, including, without
>     limitation, warranties that the covered code is free of defects,
>     merchantable, fit for a particular purpose or non-infringing. The entire
>     risk as to the quality and performance of the covered code is with you.
>     Should any covered code prove defective in any respect, you (not the
>     initial developer or any other contributor) assume the cost of any
>     necessary servicing, repair or correction. This disclaimer of warranty
>     constitutes an essential part of this license. No use of any covered
>     code is authorized hereunder except under this disclaimer.
>     8. Termination
>
>     8.1. This License and the rights granted hereunder will terminate
>     automatically if You fail to comply with terms herein and fail to cure
>     such breach within 30 days of becoming aware of the breach. All
>     sublicenses to the Covered Code which are properly granted shall survive
>     any termination of this License. Provisions which, by their nature, must
>     remain in effect beyond the termination of this License shall survive.
>
>     8.2. If You initiate litigation by asserting a patent infringement claim
>     (excluding declatory judgment actions) against Initial Developer or a
>     Contributor (the Initial Developer or Contributor against whom You file
>     such action is referred to as "Participant") alleging that:
>
>           such Participant's Contributor Version directly or indirectly
>     infringes any patent, then any and all rights granted by such
>     Participant to You under Sections 2.1 and/or 2.2 of this License shall,
>     upon 60 days notice from Participant terminate prospectively, unless if
>     within 60 days after receipt of notice You either: (i) agree in writing
>     to pay Participant a mutually agreeable reasonable royalty for Your past
>     and future use of Modifications made by such Participant, or (ii)
>     withdraw Your litigation claim with respect to the Contributor Version
>     against such Participant. If within 60 days of notice, a reasonable
>     royalty and payment arrangement are not mutually agreed upon in writing
>     by the parties or the litigation claim is not withdrawn, the rights
>     granted by Participant to You under Sections 2.1 and/or 2.2
>     automatically terminate at the expiration of the 60 day notice period
>     specified above.
>           any software, hardware, or device, other than such Participant's
>     Contributor Version, directly or indirectly infringes any patent, then
>     any rights granted to You by such Participant under Sections 2.1(b) and
>     2.2(b) are revoked effective as of the date You first made, used, sold,
>     distributed, or had made, Modifications made by that Participant.
>
>     8.3. If You assert a patent infringement claim against Participant
>     alleging that such Participant's Contributor Version directly or
>     indirectly infringes any patent where such claim is resolved (such as by
>     license or settlement) prior to the initiation of patent infringement
>     litigation, then the reasonable value of the licenses granted by such
>     Participant under Sections 2.1 or 2.2 shall be taken into account in
>     determining the amount or value of any payment or license.
>
>     8.4. In the event of termination under Sections 8.1 or 8.2 above, all
>     end user license agreements (excluding distributors and resellers) which
>     have been validly granted by You or any distributor hereunder prior to
>     termination shall survive termination.
>     9. Limitation of liability
>
>     Under no circumstances and under no legal theory, whether tort
>     (including negligence), contract, or otherwise, shall you, the initial
>     developer, any other contributor, or any distributor of covered code, or
>     any supplier of any of such parties, be liable to any person for any
>     indirect, special, incidental, or consequential damages of any character
>     including, without limitation, damages for loss of goodwill, work
>     stoppage, computer failure or malfunction, or any and all other
>     commercial damages or losses, even if such party shall have been
>     informed of the possibility of such damages. This limitation of
>     liability shall not apply to liability for death or personal injury
>     resulting from such party's negligence to the extent applicable law
>     prohibits such limitation. Some jurisdictions do not allow the exclusion
>     or limitation of incidental or consequential damages, so this exclusion
>     and limitation may not apply to you.
>     10. U.S. government end users
>
>     The Covered Code is a "commercial item," as that term is defined in 48
>     C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
>     and "commercial computer software documentation," as such terms are used
>     in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
>     48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
>     End Users acquire Covered Code with only those rights set forth herein.
>     11. Miscellaneous
>
>     This License represents the complete agreement concerning subject matter
>     hereof. If any provision of this License is held to be unenforceable,
>     such provision shall be reformed only to the extent necessary to make it
>     enforceable. This License shall be governed by California law provisions
>     (except to the extent applicable law, if any, provides otherwise),
>     excluding its conflict-of-law provisions. With respect to disputes in
>     which at least one party is a citizen of, or an entity chartered or
>     registered to do business in the United States of America, any
>     litigation relating to this License shall be subject to the jurisdiction
>     of the Federal Courts of the Northern District of California, with venue
>     lying in Santa Clara County, California, with the losing party
>     responsible for costs, including without limitation, court costs and
>     reasonable attorneys' fees and expenses. The application of the United
>     Nations Convention on Contracts for the International Sale of Goods is
>     expressly excluded. Any law or regulation which provides that the
>     language of a contract shall be construed against the drafter shall not
>     apply to this License.
>     12. Responsibility for claims
>
>     As between Initial Developer and the Contributors, each party is
>     responsible for claims and damages arising, directly or indirectly, out
>     of its utilization of rights under this License and You agree to work
>     with Initial Developer and Contributors to distribute such
>     responsibility on an equitable basis. Nothing herein is intended or
>     shall be deemed to constitute any admission of liability.
>     13. Multiple-licensed code
>
>     Initial Developer may designate portions of the Covered Code as
>     "Multiple-Licensed". "Multiple-Licensed" means that the Initial
>     Developer permits you to utilize portions of the Covered Code under Your
>     choice of the MPL or the alternative licenses, if any, specified by the
>     Initial Developer in the file described in Exhibit A.
>     Exhibit A - Mozilla Public License.
>
>     "The contents of this file are subject to the Mozilla Public License
>     Version 1.1 (the "License"); you may not use this file except in
>     compliance with the License. You may obtain a copy of the License at
>     http://www.mozilla.org/MPL/
>
>     Software distributed under the License is distributed on an "AS IS"
>     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
>     License for the specific language governing rights and limitations
>     under the License.
>
>     The Original Code is ______________________________________.
>
>     The Initial Developer of the Original Code is ________________________.
>     Portions created by ______________________ are Copyright (C) ______
>     _______________________. All Rights Reserved.
>
>     Contributor(s): ______________________________________.
>
>     Alternatively, the contents of this file may be used under the terms
>     of the _____ license (the  "[___] License"), in which case the
>     provisions of [______] License are applicable instead of those
>     above. If you wish to allow use of your version of this file only
>     under the terms of the [____] License and not to allow others to use
>     your version of this file under the MPL, indicate your decision by
>     deleting the provisions above and replace them with the notice and
>     other provisions required by the [___] License. If you do not delete
>     the provisions above, a recipient may use your version of this file
>     under either the MPL or the [___] License."
>
>     NOTE: The text of this Exhibit A may differ slightly from the text of
>     the notices in the Source Code files of the Original Code. You should
>     use the text of this Exhibit A rather than the text found in the
>     Original Code Source Code for Your Modifications.
>
>
>     Thanks,
>     Rob
>
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