Patrice, One last question. You said: > the EUPL covered code is publicly available and reusable in other projects covered by OSL, GPL-2.0, GPL-3.0, LGPL etc.
But what about the opposite, using OSL, GPL-2.0, GPL-3.0, LGPL etc. in a EUPL project? and then ship it? Antoine [image: PrestaShop] <https://www.prestashop.com/?utm_source=signature&utm_medium=e-mail&utm_campaign=emails-signatures> Antoine Thomas aka ttoine Developer Advocate t: +33 (0)6 63 13 79 06 antoine.tho...@prestashop.com On Tue, 18 Jun 2019 at 23:17, Patrice-Emmanuel Schmitz < pe.schm...@googlemail.com> wrote: > Dear Antoine, > Providing a definitive legal answer (and certainty) in your specific case > is difficult. > At Joinup.eu we constantly promote interoperability and the respect of > primary licences. > Therefore, in our view, a global project may include components under > several licences and each component should keep its licence (by the way, we > spell it "licence" and not "license" as in US). > You wrote the you "use" libraries. > As I said, "using" a library according to its normal usage instruction > should never impact the licensing of a resulting work. > To take a very trivial example, If someone writes a novel and distributes > it electronically to third parties as a ."doc file", this file (in MS > proprietary format) may contain some Microsoft proprietary code or data > formats, but this is the result of the normal use of MS/word and Microsoft > will not request any copyright on this novel. > In case of linking, the copy or reuse or decompilation of data formats/API > needed for implementing interoperability is considered as a copyright > exception by the European law and I am not aware of any case law > contradicting that point, even outside Europe. Does anyone knows? > So the real issue that you could meet is in case of real merging of > software codes from components covered by incompatible licences (in all > other cases each component could be licensed under its primary licence, > i.e. OSL or or LGPL or GPL). This is to avoid, generally speaking. > The French reference you mention is outdated regarding the EUPL-1.2 which > is now compatible with all the copyleft licences listed in this "Veni Vidi > Libri" table.. > For this reason, the EUPL-1.2 was preferred in case of project integrating > multiple components, as it was reported by Dr Martin Serrano (Fiesta-IoT > project) in a recent Joinup published interview: > > https://joinup.ec.europa.eu/sites/default/files/inline-files/SC50_D06.01.02_EUPL_Interview_summary_vFINAL.pdf > > Of course, you will never obtain a 100% guarantee of legal security in all > possible cases and jurisdictions around the world, but the fact is that the > EUPL covered code is publicly available and reusable in other projects > covered by OSL, GPL-2.0, GPL-3.0, LGPL etc. So no one should have any real > interest in litigation. > Best, > Patrice > > > > > Le mar. 18 juin 2019 à 17:02, Antoine Thomas < > antoine.tho...@prestashop.com> a écrit : > >> Patrice, thanks a lot for your answer. >> >> About your introduction question: the original code of PrestaShop project >> is currently in OSL, with some modules in AFL. We also rely on librairies >> in MIT and BSD, shipped with the installer (like the Symfony framework). >> But, we would like to use a few librairies in LGPL and GPLv3 to accelerate >> our developments and features. And we feel limited by the use of the OSL >> license: it is difficult to find information about compatibility and other >> feedback, as only a few projects are using it. >> >> So, if I understand well, changing the license of the project to EUPL-1.2 >> could allow a project to include and ship both OSL (like our current code) >> and GPLv3 (some new libraries) code? Interesting. Would this be possible >> only in the European legal framework, or also outside Europe? >> >> I had a quick look at an other reference (in French, but easy to >> understand), a compatibility table between licenses: >> >> https://vvlibri.org/fr/guide-de-lauteur-libre-gerer-des-licences-differentes-compatibilites-de-licences/tableau-de >> Maybe this table needs to be updated about EUPL? What do you think? Do >> you have an equivalent on joinup.eu? >> >> Or maybe, if we follow this table, the best way is to change the license >> of the OSL code, and move it to GPLv3. That would be a huge IP work, to >> check with all authors of the project's code if they agree. But that would >> be an interesting investment in IP for our community of users and >> developers. And, also, in a time when many business backed open source >> project move to proprietary, this would be a strong message of PrestaShop's >> commitment to open source. >> >> Patrice, what do you think? is it possible to have your feedback on this >> questions and hypothesis? Maybe some other reader of this mailing list >> could have feedback to share? >> >> Best regards, >> >> Antoine >> >> >> [image: PrestaShop] >> <https://www.prestashop.com/?utm_source=signature&utm_medium=e-mail&utm_campaign=emails-signatures> >> >> Antoine Thomas aka ttoine >> >> Developer Advocate >> >> t: +33 (0)6 63 13 79 06 >> >> antoine.tho...@prestashop.com >> >> >> >> >> On Tue, 18 Jun 2019 at 13:53, Patrice-Emmanuel Schmitz via >> License-discuss <license-discuss@lists.opensource.org> wrote: >> >>> Dear Antoine, >>> It seems related to the question: how far is your project (that would be >>> globally licensed under OSL) a derivative of the GPL-3.0 code, or not? >>> It is also related to your legal framework, in so far the various codes >>> are more or less closely linked. >>> The European legal framework considers that the normal and fair use of a >>> tool (like a library, according to its usage instructions, without >>> modifying the library source code) does not make resulting works >>> "derivatives" of the used tool. >>> In addition, it states (in my opinion) that linking different >>> components, for the sole and fair purpose of making these components >>> interoperable, is a copyright exception and cannot be restricted by the >>> copyright owner. This temperate a lot the theory of "strong copyleft" on >>> this point. (Law lovers will reed Recital 15 of *Directive 2009/24/EC >>> <https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009L0024&from=EN>*). >>> >>> An alternative solution is the use of the EUPL-1.2 that is expressly >>> covered by the European legal framework and is expressly compatible with >>> both the OSL and the GPL-3.0 >>> More on joinup.eu and in particular the recent JLA (joinup licensing >>> assistant) >>> https://joinup.ec.europa.eu/collection/eupl/joinup-licensing-assistant-jla >>> . >>> Best regards, >>> Patrice >>> >>> >>> Le lun. 17 juin 2019 à 11:57, Antoine Thomas < >>> antoine.tho...@prestashop.com> a écrit : >>> >>>> Hello, >>>> >>>> With our IP team, we have a few questions about compatibility between >>>> OSLv3 and GPLv3. We consider as acknowledged that it's not possible to >>>> distribute GPLv2 code in an OSLv3 project. However, what about the more >>>> recent GPLv3, considered to be more open? >>>> >>>> Of course, it's about using librairies and other dependencies in an >>>> open source project, and then ship it. >>>> >>>> So, there are two questions: >>>> >>>> 1/ Is it possible to ship GPLv3 code within an OSLv3 project installer? >>>> >>>> 2/ Is it possible to ship OSLv3 code within a GPLv3 project installer? >>>> >>>> What do you think? what is your experience? Is there some examples? >>>> >>>> Best regards, >>>> >>>> Antoine >>>> >>>> [image: PrestaShop] >>>> <https://www.prestashop.com/?utm_source=signature&utm_medium=e-mail&utm_campaign=emails-signatures> >>>> >>>> Antoine Thomas aka ttoine >>>> >>>> Developer Advocate >>>> >>>> t: +33 (0)6 63 13 79 06 >>>> >>>> antoine.tho...@prestashop.com >>>> >>>> >>>> _______________________________________________ >>>> License-discuss mailing list >>>> License-discuss@lists.opensource.org >>>> >>>> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >>>> >>> >>> >>> -- >>> Patrice-Emmanuel Schmitz >>> pe.schm...@googlemail.com >>> tel. + 32 478 50 40 65 >>> _______________________________________________ >>> License-discuss mailing list >>> License-discuss@lists.opensource.org >>> >>> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >>> >> > > -- > Patrice-Emmanuel Schmitz > pe.schm...@googlemail.com > tel. + 32 478 50 40 65 >
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