[License-review] For Legacy Approval: OpenLDAP Public

Fri Oct 11 03:32:23 UTC 2019

Hi all,

I'm sorry I have not been following along but just noticed this approval 
and am wondering if OSI has considered there are many versions of the 
OpenLDAP license - see https://spdx.org/licenses/. Someone on the SPDX 
legal team did some painstaking analysis of this years ago which 
resulted in the recognition of many variations that are considered 
different licenses according to the SPDX Matching Guidelines.  
(https://spdx.org/spdx-license-list/matching-guidelines)

I'd encourage the OSI to check which OpenLDAP version it is approving 
and use the appropriate SPDX identifier. (looks like 2.8, but I have not 
done a full text match analysis yet.)

Thanks,
Jilayne
SPDX legal team co-lead

On 9/24/19 6:00 AM, license-review-request at lists.opensource.org wrote:
> Today's Topics:
>
>     1. Re: For Legacy Approval: OpenLDAP Public License (Pamela Chestek)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 23 Sep 2019 08:21:43 -0400
> From: Pamela Chestek <pamela.chestek at opensource.org>
> To: license-review at lists.opensource.org, OSI Board of Directors
> 	<board at lists.opensource.org>
> Subject: Re: [License-review] For Legacy Approval: OpenLDAP Public
> 	License
> Message-ID: <d31ffc40-1dd8-9f64-dccb-5e86933054a9 at opensource.org>
> Content-Type: text/plain; charset="utf-8"
>
> List,
>
> The motion was brought and the Board approved the license by unanimous
> vote. The license will be added to the website in due course.
>
> Pamela Chestek
> Chair, License Review Committee
> Open Source Initiative
> On 9/14/2019 7:47 PM, Pamela Chestek wrote:
>> List,
>>
>> Below is the License Review Committee's recommendation to the OSI
>> Board on the OpenLDAP Public License Version 2.8, 17 August 2003.
>>
>> Pamela Chestek
>> Open Source Initiative,
>> Chair, Licensing Committee
>>
>> License: The OpenLDAP Public License Version 2.8, 17 August 2003
>> (Exhibit A)
>> Submitted: August 13, 2019
>> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-August/004266.html
>> Decision due no later than the first Board meeting after October 12, 2019
>>
>> License Review Committee Recommendation:
>>
>> /Resolved that The OpenLDAP Public License Version 2.8, 17 August 2003
>> be approved as an Open Source Initiative Certified license in the
>> ?legacy? category of licenses./
>>
>> Notes:
>>
>> This is largely the same as the 3-clause BSD with a bit of
>> rearrangement. The differences are:
>>
>>    * It includes a requirement that ?Redistributions must contain a
>>      verbatim copy of this document.?
>>    * It provides an option for using the Software under the terms of a
>>      subsequent version of the license.
>>    * It states that OpenLDAP is a registered trademark of the OpenLDAP
>>      Foundation.
>>    * It includes a copyright notice and permission for reuse of the
>>      license text.
>>
>>
>> None of these provisions are uncommon or inconsistent with open source
>> principles.
>>
>> There was criticism that there are some redundancies between
>> paragraphs 1-3. However, this is only a lack of crispness in drafting
>> and does not affect the open source nature of the license. Since the
>> license has been in use in this form since 2003 and is proposed for
>> the legacy category, it should not be modified.
>>
>> The license was submitted with the statement that it had previously
>> been approved by the OSI. A list participant asked why the license
>> would have been delisted. We could find no record of any prior
>> approval by OSI, other than OpenLDAP?s own statement to that effect.
>> We do not believe it likely that the license was actively delisted,
>> although it may have been lost in a shuffle at some point.
>>
>> _Exhibit A_
>>
>> Redistribution and use of this software and associated documentation
>> ("Software"), with or without modification, are permitted provided
>> that the following conditions are met:
>>
>> 1. Redistributions in source form must retain copyright statements and
>> notices,
>>
>> 2. Redistributions in binary form must reproduce applicable copyright
>> statements and notices, this list of conditions, and the following
>> disclaimer in the documentation and/or other materials provided with
>> the distribution, and
>>
>> 3. Redistributions must contain a verbatim copy of this document.
>>
>> The OpenLDAP Foundation may revise this license from time to time.
>> Each revision is distinguished by a version number.? You may use this
>> Software under terms of this license revision or under the terms of
>> any subsequent revision of the license.
>>
>> THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS
>> CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
>> INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
>> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.?
>> IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE
>> AUTHOR(S) OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT,
>> INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
>> (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
>> SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
>> HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
>> STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
>> IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
>> POSSIBILITY OF SUCH DAMAGE.
>>
>> The names of the authors and copyright holders must not be used in
>> advertising or otherwise to promote the sale, use or other dealing in
>> this Software without specific, written prior permission. Title to
>> copyright in this Software shall at all times remain with copyright
>> holders.
>>
>> OpenLDAP is a registered trademark of the OpenLDAP Foundation.
>>
>> Copyright 1999-2003 The OpenLDAP Foundation, Redwood City, California,
>> USA.? All Rights Reserved.? Permission to copy and distribute verbatim
>> copies of this document is granted.
>>
>>
>>
>> On 8/13/19 3:21 PM, Howard Chu wrote:
>>> License text:
>>> The OpenLDAP Public License
>>>    Version 2.8, 17 August 2003
>>>
>>> Redistribution and use of this software and associated documentation
>>> ("Software"), with or without modification, are permitted provided
>>> that the following conditions are met:
>>>
>>> 1. Redistributions in source form must retain copyright statements
>>>     and notices,
>>>
>>> 2. Redistributions in binary form must reproduce applicable copyright
>>>     statements and notices, this list of conditions, and the following
>>>     disclaimer in the documentation and/or other materials provided
>>>     with the distribution, and
>>>
>>> 3. Redistributions must contain a verbatim copy of this document.
>>>
>>> The OpenLDAP Foundation may revise this license from time to time.
>>> Each revision is distinguished by a version number.  You may use
>>> this Software under terms of this license revision or under the
>>> terms of any subsequent revision of the license.
>>>
>>> THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS
>>> CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
>>> INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
>>> AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT
>>> SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S)
>>> OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
>>> INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
>>> BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
>>> LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
>>> CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
>>> LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
>>> ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
>>> POSSIBILITY OF SUCH DAMAGE.
>>>
>>> The names of the authors and copyright holders must not be used in
>>> advertising or otherwise to promote the sale, use or other dealing
>>> in this Software without specific, written prior permission.  Title
>>> to copyright in this Software shall at all times remain with copyright
>>> holders.
>>>
>>> OpenLDAP is a registered trademark of the OpenLDAP Foundation.
>>>
>>> Copyright 1999-2003 The OpenLDAP Foundation, Redwood City,
>>> California, USA.  All Rights Reserved.  Permission to copy and
>>> distribute verbatim copies of this document is granted.
>>>
>>> ----------------
>>>
>>> Rationale:
>>>
>>> The OpenLDAP Public License has been in use since 1998, with this latest revision
>>> in 2003. Previous versions of the license were already OSI approved back in 2001.
>>> https://www.openldap.org/lists/openldap-announce/200206/msg00001.html
>>> I am not aware of the circumstances why the license was de-listed.
>>>
>>> It is essentially a BSD 3-clause license. It is currently an FSF-approved license.
>>>
>>> ----------------
>>>
>>> Proliferation category:
>>> Licenses that are redundant with more popular licenses (BSD 3-clause)
>>>
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