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Licensing problem #34

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Zimmi48 opened this issue Oct 26, 2014 · 11 comments
Closed

Licensing problem #34

Zimmi48 opened this issue Oct 26, 2014 · 11 comments

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@Zimmi48
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Zimmi48 commented Oct 26, 2014

Hello,

I am considering using your library but I'm concerned that the licensing terms may be unlawful.

As I understand it, your plugin is based upon Ice (NYTimes). But the Ice library is distributed under the GPL v2.0. Unless you are not using the Ice code anymore (but the README says you are) or unless you got written agreements from all the copyright holders of Ice to sub-license their code (which is unlikely), you were not allowed to switch the license from GPL v2 to LGPL + MPL.

Maybe a solution would be to convince the authors of Ice to relicense it to MPL and LGPL. That would still be difficult however because it requires tracking down all the copyright holders (who could be many).

So I think the easiest thing to do is to switch back to GPL in order to comply with the Ice licensing terms.

@guytat
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guytat commented Oct 27, 2014

Hi Théo,
Thanks for raising this issue, looks like you are right, but we'd like to fully understand the implications of such a change.
We will appreciate if you'll take a look at issue #1 and let us know your thoughts.

Thanks,
Guy.

@Zimmi48
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Zimmi48 commented Oct 27, 2014

Hi,

Yes, I am aware of that issue. I already knew this page where they discuss the problem of Javascript and GPL. In my opinion, this is not a good reference. However, I suggest that you have a look at http://www.gnu.org/software/librejs/free-your-javascript#step2 "Scripts that are not yours and are not free", as well as https://www.drupal.org/licensing/faq#q10.

In my understanding, if you use some Javascript code under GPL, it infects all of your Javascript. And you cannot use both a GPLed library and a closed library on the same page. The only means to be sure would be to write to the FSF, though. I am sure that they would be kind enough to make a clear answer.

I still suggest that you take action to remove this problem. Your action can be of three kinds :

  • The easiest way is to switch back to the GPL. At least, you will remove all legal problems from your shoulders. It may be possible that some of the people who use your software will have the same legal problem, though. (But they already have, they are just not aware of it).
  • You can decide to remove all code from Ice from your software. That means reprogramming anything that you need. I don't know how practical that is.
  • You can decide to track down all contributors to Ice (up to the point where you copied their code). You should start of course with the original authors. If you are kind enough and you explain the problems well, they might accept to sub-licence their code to you (under MPL + LGPL). This is very possible that they accept, especially given that they have stopped maintaining the project and that you are maintaining what looks like the future of the project. Then, if they accept, you'll have to repeat the process for every copyright holder (i.e. actual contributor --- minor bug fixes do not count for copyright claims) in historical order. If at some point, you are not able to get permission from some contributor, you can use whatever code existed before that point for your project. I don't know how practical that is either. It depends a lot on the number of contributors. Typically that would be unfeasible for a large project such as Linux but it might for a small project such as Ice.

@guytat
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guytat commented Oct 29, 2014

Hi Théo,
Thanks again for the detailed reply.
We will try the third option and see if we get any response from NYTimes, if not we'll go with the first option.

Thanks again,
Guy.

@DevinCarlson
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I've been using Track Changes in a Drupal distribution that I'm working on. Since I'm using the Drupal.org packaging system, I'm only able to include libraries which are compatible with GPLv2 (which is what all code on Drupal.org must be licensed as, per the license policy: http://drupal.org/licensing/faq#q4).

Unfortunately, with the switch to LGPL + MPL, Track Changes is now unable to be bundled with Drupal projects (see the list of compatible licenses: http://drupal.org/node/1475972#whitelist-licenses).

It would be great to be able to use Track Changes with Drupal, Wordpress, etc!

@guytat
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guytat commented Apr 16, 2015

Hi Devin,
We are still checking it, hoping to get back to you in the beginning of next week.

Thanks for getting in touch.
Cheers,
Guy.

@wojtekidd
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Any updates on the license issues? We would really like to add this plugin as one of CKEditor's Add-on of the Month. Please let me know!

Best regards!

@guytat
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guytat commented Apr 26, 2016

The license has been updated and we are now supporting three open source licenses (the are many companies that take this approach - Mozilla, CKEditor and more).
Please reply if you have any concerns questions or comments, otherwise this issue will be closed in a week from today.
Thanks.

@Zimmi48
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Zimmi48 commented Apr 26, 2016

Hello,
In my opinion this does not solve the issue I raised initially: if you are still based on Ice and that you were not able to talk to the authors of the Ice plugin, then your own library can only be distributed under GPL v2 (not GPL v3 and not a dual or triple license).
However, IANAL and you should probably talk to a lawyer if you absolutely want to continue to use these licenses.
Best regards

@fredck
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fredck commented Apr 26, 2016

Considering that this is based on Ice, there is no doubt that this plugin MUST be license under the GPL v2 terms, EXCLUSIVELY.

As for other comments, there is nothing like "virus" on licenses and that it would make the whole application automatically licensed as GPL. The CKEditor Track Changes plugin is simply breaching the GPL license of Ice, effectively not being legally allowed to use, link and redistribute it.

@guytat
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guytat commented Apr 26, 2016

Thanks for your comments.
You are right, we should be GPL 2.0 only.
I've changed all the licensing to match the above.

Thanks again.

@Zimmi48 Zimmi48 closed this as completed Apr 26, 2016
@Lyanra
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Lyanra commented Jan 30, 2017

Please have a look at this request: #116
It would be very much appreciated if someone could update to GPL2+

Thank you very much.

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