[License-review] Approval: Server Side Public License, Version 2 (SSPL v2)

Mon Dec 3 00:11:48 UTC 2018

Note VC Sunil Deshpande's comments on the SSPL. Here's the feeling of the
guy with the money behind SSPL and some other recently-seen bad licenses.
IMO it manifests a lot of ignorance about Open Source and utter contempt
for our community.
https://techcrunch.com/2018/11/29/the-crusade-against-open-source-abuse/

On Sun, Dec 2, 2018 at 7:30 AM Jim Jagielski <jim at jagunet.com> wrote:

> FWIW, I concur w/ Eric's statements below...
>
> On Dec 1, 2018, at 1:26 AM, Eric Schultz <eric at wwahammy.com> wrote:
>
> This version has much the same problems as before. The limitations what
> code is included on Section 13 seem practically limitless because Service
> is not defined. I don't think this can comply with OSD 9 until you explain
> the limitations better, not only in this thread but also in the license.
>
> I second much of what Bradley Kuhn said.
>
> This response makes it seem like this isn't a good faith effort on your
> part to create a compliant license. There's a lot of volunteers here who
> have a lot of other things to do. If you want to exploit the volunteers who
> have contributed to MongoDB by changing the license, that's your business.
> I don't think it's fair for you to exploit the volunteers here though by
> not making a good faith effort to bring the license into compliance.
>
> Eric
>
>
> On Wed, Nov 21, 2018, 4:37 PM Eliot Horowitz <eliot at mongodb.com wrote:
>
>> Thank you for your comments on the Server Side Public License.  Below is
>> an updated version of the Server Side Public License, which we are
>> submitting for review in lieu of version 1.0.  If this version is approved
>> by OSI, we plan to apply it to the next release of our MongoDB software,
>> which is currently available under version 1.0.
>>
>> In this version, we have made several significant substantive changes in
>> Section 13, we well as certain conforming and non-substantive changes.
>>
>> Members of the list expressed concerns that compliance with the source
>> code sharing conditions of Section 13 would not be feasible, because in
>> common technology environments today, some parts of the Service Source Code
>> would be proprietary, or subject to incompatible open source licenses.  To
>> address this concern, we have clarified that the source code sharing
>> condition of Section 13 does not require delivery of Major Components or
>> System Libraries. We have also added the option to make the Service Source
>> Code (other than the Corresponding Source for the Program itself) available
>> under OSI or FSF approved licenses, to the extent that the licensee does
>> not have the right to share the Service Source Code under the terms of the
>> SSPL.
>>
>> Members had also expressed concerns about whether the SSPL meets OSD 9 --
>> that the license must not restrict other software.  While we think version
>> 1 met with this plank of the definition, and explained why in our initial
>> submission, we made the changes described above in part to further address
>> this concern, by limiting the source code that must be made available
>> subject to this license and adding the option to make the source code
>> available under other open source licenses.
>>
>> Below is a list of changes.  The revised license appears after the listed
>> changes, in plaintext.
>>
>> Substantive changes:
>>
>> --Version number changed from 1 to 2
>> --Date changed to November [____] 2018
>> --Section 13, first sentence: added “or, solely with respect to any
>> programs (other than the Program or a modified version) for which you do
>> not have the right to make the Corresponding Source available under the
>> terms of this License, under the terms of a license that has been approved
>> by the Open Source Initiative or categorized by the Free Software
>> Foundation as free”
>> --Section 13, second paragraph: added “(other than programs that are
>> Major Components or System Libraries)” after “all programs”
>> --Section 13, second paragraph: “storage software and hosting software”
>> changed to “host orchestration software”
>>
>> Non-substantive and conforming changes:
>>
>> --Definition of This License: added “the”
>> --Section 5, last sentence: “Without limiting section 13,” added
>> --Section 8: “or otherwise use” added in two places
>> --Section 9: added “single” before “copy”
>> --Section 9: “use” added to “propagate or modify” and “using” added to
>> “modifying or propagating”
>> --Section 13: “a” replaces “the” in first line of Service Source Code
>> definition
>>
>> A PLAINTEXT VERSION OF THE LICENSE FOLLOWS:
>>
>> ======================================================================
>>
>> Server Side Public License
>> VERSION 2, NOVEMBER [XX], 2018
>>
>> Copyright © 2018 MongoDB, Inc.
>>
>> Everyone is permitted to copy and distribute verbatim copies of this
>> license document, but changing it is not allowed.
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>> Code available via network download to everyone at no charge, under the
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>> 14. Revised Versions of this License.
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>> Public License from time to time. Such new versions will be similar in
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>> NECESSARY SERVICING, REPAIR OR CORRECTION.
>> 16. Limitation of Liability.
>> IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
>> WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
>> THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
>> GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
>> USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
>> DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
>> PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
>> EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
>> SUCH DAMAGES.
>> 17. Interpretation of Sections 15 and 16.
>> If the disclaimer of warranty and limitation of liability provided above
>> cannot be given local legal effect according to their terms, reviewing
>> courts shall apply local law that most closely approximates an absolute
>> waiver of all civil liability in connection with the Program, unless a
>> warranty or assumption of liability accompanies a copy of the Program in
>> return for a fee.
>> END OF TERMS AND CONDITIONS
>>
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