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Updates enterprise LICENSE.txt and NOTICE.txt
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Includes new copyright and Commons Clause addition

Also adds LICENSE.txt to some modules that didn't have it
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@digitalstain
digitalstain committed May 13, 2018
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26 changes: 10 additions & 16 deletions community/licensecheck-config/src/main/resources/notice-agpl-prefix.txt
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@@ -1,22 +1,16 @@
Neo4j
Copyright © 2002-2018 Network Engine for Objects in Lund AB (referred to
in this notice as "Neo Technology")
[http://neotechnology.com]
Copyright © 2002-2018 Neo4j Sweden AB (referred to in this notice as "Neo4j")
[http://neo4j.com]

This product includes software ("Software") developed by Neo Technology.
This product includes software ("Software") developed and owned by Neo4j.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
The Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html),
included in the LICENSE.txt file, with the Commons Clause.

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html), included
in the LICENSE.txt file.
Neo4j Enterprise object code can be licensed independently from the source
under separate commercial terms. Email inquiries can be directed
to: licensing@neo4j.com. More information is also available
at: https://neo4j.com/licensing/

Full license texts are found in LICENSES.txt.
33 changes: 22 additions & 11 deletions enterprise/auth-plugin-api/LICENSE.txt
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Expand Up @@ -3,18 +3,14 @@ This package contains software licensed under different
licenses, please refer to the NOTICE.txt file for further
information and LICENSES.txt for full license texts.

The software ("Software") developed and owned by Network Engine for
Objects in Lund AB (referred to in this notice as "Neo Technology") is
licensed under the GNU AFFERO GENERAL PUBLIC LICENSE Version 3 to all
third parties and that license is included below.
Neo4j Enterprise object code can be licensed independently from
the source under separate commercial terms. Email inquiries can be
directed to: licensing@neo4j.com. More information is also
available at:https://neo4j.com/licensing/

However, if you have executed an End User Software License and Services
Agreement or an OEM Software License and Support Services Agreement, or
another commercial license agreement with Neo Technology or one of its
affiliates (each, a "Commercial Agreement"), the terms of the license in
such Commercial Agreement will supersede the GNU AFFERO GENERAL PUBLIC
LICENSE Version 3 and you may use the Software solely pursuant to the
terms of the relevant Commercial Agreement.
The software ("Software") is developed and owned by Neo4j Sweden AB
(referred to in this notice as “Neo4j”) and is subject to the terms
of the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, with the Commons Clause as follows:



Expand Down Expand Up @@ -680,3 +676,18 @@ specific requirements.
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.


"Commons Clause" License Condition

The Software is provided to you by the Licensor under the License, as
defined below, subject to the following condition. Without limiting
other conditions in the License, the grant of rights under the License
will not include, and the License does not grant to you, the right to
Sell the Software. For purposes of the foregoing, "Sell" means
practicing any or all of the rights granted to you under the License
to provide to third parties, for a fee or other consideration,
a product or service that consists, entirely or substantially,
of the Software or the functionality of the Software. Any license
notice or attribution required by the License must also include
this Commons Cause License Condition notice.
26 changes: 10 additions & 16 deletions enterprise/auth-plugin-api/NOTICE.txt
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Original file line number Diff line number Diff line change
@@ -1,23 +1,17 @@
Neo4j
Copyright © 2002-2018 Network Engine for Objects in Lund AB (referred to
in this notice as "Neo Technology")
[http://neotechnology.com]
Copyright © 2002-2018 Neo4j Sweden AB (referred to in this notice as "Neo4j")
[http://neo4j.com]

This product includes software ("Software") developed by Neo Technology.
This product includes software ("Software") developed and owned by Neo4j.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
The Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html),
included in the LICENSE.txt file, with the Commons Clause.

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html), included
in the LICENSE.txt file.
Neo4j Enterprise object code can be licensed independently from the source
under separate commercial terms. Email inquiries can be directed
to: licensing@neo4j.com. More information is also available
at: https://neo4j.com/licensing/

Full license texts are found in LICENSES.txt.

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34 changes: 23 additions & 11 deletions enterprise/backup/LICENSE.txt
View file
Original file line number Diff line number Diff line change
Expand Up @@ -3,18 +3,15 @@ This package contains software licensed under different
licenses, please refer to the NOTICE.txt file for further
information and LICENSES.txt for full license texts.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
Neo4j Enterprise object code can be licensed independently from
the source under separate commercial terms. Email inquiries can be
directed to: licensing@neo4j.com. More information is also
available at:https://neo4j.com/licensing/

The software ("Software") is developed and owned by Neo4j Sweden AB
(referred to in this notice as “Neo4j”) and is subject to the terms
of the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, with the Commons Clause as follows:

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, as follows:


GNU AFFERO GENERAL PUBLIC LICENSE
Expand Down Expand Up @@ -679,3 +676,18 @@ specific requirements.
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.


"Commons Clause" License Condition

The Software is provided to you by the Licensor under the License, as
defined below, subject to the following condition. Without limiting
other conditions in the License, the grant of rights under the License
will not include, and the License does not grant to you, the right to
Sell the Software. For purposes of the foregoing, "Sell" means
practicing any or all of the rights granted to you under the License
to provide to third parties, for a fee or other consideration,
a product or service that consists, entirely or substantially,
of the Software or the functionality of the Software. Any license
notice or attribution required by the License must also include
this Commons Cause License Condition notice.
32 changes: 13 additions & 19 deletions enterprise/backup/NOTICE.txt
View file
Original file line number Diff line number Diff line change
@@ -1,23 +1,17 @@
Neo4j
Copyright © 2002-2018 Network Engine for Objects in Lund AB (referred to
in this notice as "Neo Technology")
[http://neotechnology.com]

This product includes software ("Software") developed by Neo Technology.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html), included
in the LICENSE.txt file.
Copyright © 2002-2018 Neo4j Sweden AB (referred to in this notice as "Neo4j")
[http://neo4j.com]

This product includes software ("Software") developed and owned by Neo4j.

The Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html),
included in the LICENSE.txt file, with the Commons Clause.

Neo4j Enterprise object code can be licensed independently from the source
under separate commercial terms. Email inquiries can be directed
to: licensing@neo4j.com. More information is also available
at: https://neo4j.com/licensing/

Full license texts are found in LICENSES.txt.

Expand Down
34 changes: 23 additions & 11 deletions enterprise/causal-clustering/LICENSE.txt
View file
Original file line number Diff line number Diff line change
Expand Up @@ -3,18 +3,15 @@ This package contains software licensed under different
licenses, please refer to the NOTICE.txt file for further
information and LICENSES.txt for full license texts.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
Neo4j Enterprise object code can be licensed independently from
the source under separate commercial terms. Email inquiries can be
directed to: licensing@neo4j.com. More information is also
available at:https://neo4j.com/licensing/

The software ("Software") is developed and owned by Neo4j Sweden AB
(referred to in this notice as “Neo4j”) and is subject to the terms
of the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, with the Commons Clause as follows:

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, as follows:


GNU AFFERO GENERAL PUBLIC LICENSE
Expand Down Expand Up @@ -679,3 +676,18 @@ specific requirements.
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.


"Commons Clause" License Condition

The Software is provided to you by the Licensor under the License, as
defined below, subject to the following condition. Without limiting
other conditions in the License, the grant of rights under the License
will not include, and the License does not grant to you, the right to
Sell the Software. For purposes of the foregoing, "Sell" means
practicing any or all of the rights granted to you under the License
to provide to third parties, for a fee or other consideration,
a product or service that consists, entirely or substantially,
of the Software or the functionality of the Software. Any license
notice or attribution required by the License must also include
this Commons Cause License Condition notice.
26 changes: 10 additions & 16 deletions enterprise/causal-clustering/NOTICE.txt
View file
Original file line number Diff line number Diff line change
@@ -1,23 +1,17 @@
Neo4j
Copyright © 2002-2018 Network Engine for Objects in Lund AB (referred to
in this notice as "Neo Technology")
[http://neotechnology.com]
Copyright © 2002-2018 Neo4j Sweden AB (referred to in this notice as "Neo4j")
[http://neo4j.com]

This product includes software ("Software") developed by Neo Technology.
This product includes software ("Software") developed and owned by Neo4j.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
The Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html),
included in the LICENSE.txt file, with the Commons Clause.

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html), included
in the LICENSE.txt file.
Neo4j Enterprise object code can be licensed independently from the source
under separate commercial terms. Email inquiries can be directed
to: licensing@neo4j.com. More information is also available
at: https://neo4j.com/licensing/

Full license texts are found in LICENSES.txt.

Expand Down
34 changes: 23 additions & 11 deletions enterprise/cluster/LICENSE.txt
View file
Original file line number Diff line number Diff line change
Expand Up @@ -3,18 +3,15 @@ This package contains software licensed under different
licenses, please refer to the NOTICE.txt file for further
information and LICENSES.txt for full license texts.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.
Neo4j Enterprise object code can be licensed independently from
the source under separate commercial terms. Email inquiries can be
directed to: licensing@neo4j.com. More information is also
available at:https://neo4j.com/licensing/

The software ("Software") is developed and owned by Neo4j Sweden AB
(referred to in this notice as “Neo4j”) and is subject to the terms
of the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, with the Commons Clause as follows:

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, as follows:


GNU AFFERO GENERAL PUBLIC LICENSE
Expand Down Expand Up @@ -679,3 +676,18 @@ specific requirements.
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.


"Commons Clause" License Condition

The Software is provided to you by the Licensor under the License, as
defined below, subject to the following condition. Without limiting
other conditions in the License, the grant of rights under the License
will not include, and the License does not grant to you, the right to
Sell the Software. For purposes of the foregoing, "Sell" means
practicing any or all of the rights granted to you under the License
to provide to third parties, for a fee or other consideration,
a product or service that consists, entirely or substantially,
of the Software or the functionality of the Software. Any license
notice or attribution required by the License must also include
this Commons Cause License Condition notice.
32 changes: 13 additions & 19 deletions enterprise/cluster/NOTICE.txt
View file
Original file line number Diff line number Diff line change
@@ -1,23 +1,17 @@
Neo4j
Copyright © 2002-2018 Network Engine for Objects in Lund AB (referred to
in this notice as "Neo Technology")
[http://neotechnology.com]

This product includes software ("Software") developed by Neo Technology.

The software ("Software") is developed and owned by Network Engine
for Objects in Lund AB (referred to in this notice as "Neo Technology").
If you have executed an End User Software License and Services Agreement,
an OEM Software License and Support Services Agreement, or another
commercial license agreement (including an Evaluation Agreement) with
Neo Technology or one of its affiliates (each, a "Commercial Agreement"),
you may use the Software solely pursuant to the terms of the relevant
Commercial Agreement.

If you have not executed a Commercial Agreement with Neo Technology, the
Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html), included
in the LICENSE.txt file.
Copyright © 2002-2018 Neo4j Sweden AB (referred to in this notice as "Neo4j")
[http://neo4j.com]

This product includes software ("Software") developed and owned by Neo4j.

The Software is subject to the terms of the GNU AFFERO GENERAL PUBLIC LICENSE
Version 3 (http://www.fsf.org/licensing/licenses/agpl-3.0.html),
included in the LICENSE.txt file, with the Commons Clause.

Neo4j Enterprise object code can be licensed independently from the source
under separate commercial terms. Email inquiries can be directed
to: licensing@neo4j.com. More information is also available
at: https://neo4j.com/licensing/

Full license texts are found in LICENSES.txt.

Expand Down

7 comments on commit 6558e5e

@jmsuhy
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@jmsuhy jmsuhy commented on 6558e5e May 19, 2018

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I am pretty sure you can't add additional terms to AGPL such as the commons clause you added. I'm reaching out to the free software foundation to verify if this is allowed.

@srbaker
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@srbaker srbaker commented on 6558e5e May 21, 2018 •
edited

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Hey @jmsuhy, I'm not a lawyer, but it looks pretty clearly not allowed based on a simple reading of the license text. Specifically, section 10 of the AGPL says:

neo4j/enterprise/server-enterprise/LICENSE.txt

Lines 468 to 474 in f691b07

You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.

The additional terms one is allowed to add to an AGPL licensed product are covered in section 7:

neo4j/enterprise/server-enterprise/LICENSE.txt

Lines 348 to 357 in f691b07

7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.

The relationship between the two sections is addressed in the FAQ: https://www.gnu.org/licenses/gpl-faq.en.html#v3Notwithstanding

In order for the Commons Clause to apply, the AGPL text would have to be modified, which is strictly not allowed in the first paragraph:

neo4j/enterprise/server-enterprise/LICENSE.txt

Lines 21 to 22 in f691b07

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

I look forward to hearing what the FSF has to say about it in particular, but a simple reading of the text here makes it seem pretty clear.

@xizhao
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@xizhao xizhao commented on 6558e5e May 21, 2018

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Folks, we're not dealing with a copy of the software here -- this is the original license document provided by Neo, the copyright holder and licensor.

In my understanding, the scope of this AGPL restriction (as well as these kinds of restrictions in all OSS licenses) is to disable the ability for "man-in-the-middle" sub-licensing, effectively ensuring that the license grant comes from the original copyright holder no matter how the software is conveyed. However, as the original copyright holder of the codebase is Neo, they can add whatever terms or exceptions best fit their original licensing intent -- the protections in the original AGPL prevents third parties from altering or sub-licensing those terms.

To clarify, the entire file, including the added clause, is the original license from Neo. This is obviously not the original AGPL, and whether this still fits the "free software" definition is up for debate, but an entirely separate matter.

@srbaker
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@xizhao this has nothing to do with whether neo4j has the right to apply whatever license they want to software they own or not. Of course they do: they chose the GNU AGPL.

The entire point is: neo4j chose to apply the AGPL to their software, which pre-emptively renders additional restrictions null, and then added nullified additional restrictions.

If they don't want the AGPL then they are certainly free to change that in future versions (because copyright is not retroactive). But they cannot call something AGPL which is not.

@xizhao
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@xizhao xizhao commented on 6558e5e May 21, 2018

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Right, I don't think we disagree on that. Whether this is AGPL, "free software" or anything else is a different matter that I'm not interested in, hence my note:

This is obviously not the original AGPL, and whether this still fits the "free software" definition is up for debate

I just wanted to clarify against the license restrictions you cite would disable the license itself -- I don't think that's how it works. License referenced in Section 10 refers to the entirety of the document that clause is embedded in, so I don't want people to get the wrong idea from your comment here:

In order for the Commons Clause to apply, the AGPL text would have to be modified

AFAIK this is a valid license. And as you said, that's independent from how it should be named:

this has nothing to do with whether neo4j has the right to apply whatever license they want to software they own or not. Of course they do

@jmsuhy
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@jmsuhy jmsuhy commented on 6558e5e May 22, 2018

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I agree @srbaker : You can not represent your license as AGPL if it is not in fact AGPL. Not only is there ethical issues with that, the free software foundation forbids it. Below is a comment I added to the ticket corresponding to this issue.

The issue at hand is that you can not add restrictions to AGPL then misguide the community and committers as to what is happening.

Not only does AGPL forbid this, it is not fair to committers and the community as a whole.

If your intention was to keep Neo4j free and open, then you should know your restrictions are not allowed by AGPL and we can continue the 'debate' in that direction.

I think you should be upfront with the community that helped make Neo4j what it is today.

@digitalstain
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To keep the discussion contained, please refer to #11821. This thread will now be closed.

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