On Apr 6, 2009, at 2:38 PM, Stephen John Smoogen wrote:

>
> On Mon, Apr 6, 2009 at 1:15 PM, Luke Kanies <l...@madstop.com> wrote:
>>
>> Hi all,
>>
>> I fear this discussion will quickly devolve into a recursive flame-
>> fest, but it needs to be broached, so here we go.  Note that I kind  
>> of
>> think this is more of dev topic than users, but I want to make sure
>> everyone knows the conversation is happening and can easily
>> participate.  This is also likely to be the first of a series of
>> conversations I'll be starting to try to paper over the lack of
>> organization and process we've had in the past.
>>
>
> Hi I am cutting down a lot of stuff to try and put my comments into a
> concise format:
>
>> 1) Should we use a completely open Apache-style license, or a
>> reciprocal/viral GPL-style license?
>> 2) Should we require copyright assignment of any kind?
>>
>> Going with those questions, we have two priorities:
>>
>> 1) Maximize ability to grow and sustain a community
>> 2) Enable Reductive Labs to increase its funding of development
>>
>> Fundamentally, I see three basic choices:
>>
>> 1) Leave them like they are.  No copyright assignment, no real
>> copyright maintenance, GPL2 or later.  This means that every
>> contributor ever must give permission for things like license  
>> changes,
>> we can't easily protect against license infringement 
>> (http://www.gnu.org/licenses/why-assign.html
>> ), no one can ever dual license, and essentially no commercial
>> software can ever be produced that integrates with Puppet.
>>
>> 2) Stick to a viral/reciprocal license (probably AGPLv3) but require
>> Sun-style copyright contribution (which provides the project a non-
>> exclusive license to the copyright).  This provides a single
>> organization with a license for all copyright, and allows that  
>> license
>> holder (Reductive Labs) to protect against license infringement,
>> provide patent indemnity (which I've already been asked about by
>> others but cannot currently offer), relicense Puppet (and produce
>> commercial software that integrates with that relicensed product),
>> and probably more.
>>
>> 3) Switch to a non-reciprocal license (e.g., Apache) and don't  
>> require
>> copyright coassignment.  This allows anyone to do anything with the
>> code, so there's no real concern about license infringement and  
>> anyone
>> can make commercial add-ons.  This is both good and bad, though, in
>> that even those with no commitment to Puppet's community could build
>> commercial products on it, which I think is not so great.
>
> OK with any licensing issue.. you need to have a lawyer's advice on
> things :/.  They will be able to give the best advice on whether a re
> licensing can be done and what the best ways of doing so will be. The
> method I have seen for anyone changing from 1 to 2/3 is that they
> either required everyone to sign on the commit list or rewrite from
> scratch and get FSF/Sun style copyright contributions going (or some
> combination of the two.)

Yep, I'm already working with a lawyer, so I have a good idea of what  
any conversion will take (exactly as you say - every committer will  
need to sign off, or his/her work will need to be redone).  This will  
be expensive time-wise, but I think all significant contributors are  
still around and have no problems signing off (I've asked around  
already).

>
>> After spending the last month thinking about it, and talking with  
>> many
>> people (e.g., Tarus Balog, Matt Asay, Marten Mickos, Mark Radcliffe,
>> and many more), I think #2 is the best option.  It provides the best
>> combination of openness for the community and opportunity for
>> Reductive Labs.  It hurts to say this, because I've always thought
>> copyright assignment was evil, but I've been convinced otherwise,
>> mostly by the links above and conversation with Tarus of OpenNMS.
>>
>> The problem I have with #1 is that is explicitly limits Puppet's
>> ability to integrate with other commercial software, which I think is
>> unfortunate and makes it hard to build Puppet into an ecosystem,
>> rather than just being a stand-alone tool.  The problem I have with  
>> #3
>> is that I have a hard time seeing how Reductive Labs can add more
>> programmers to the project with it.
>>
>> What do you think?
>
> The one other issue you will need to do is craft what the license you
> use to sell for people to incorporate puppet into a non-GPL product. I
> believe a couple of  companies have been screwed by selling a version
> to some company under a 'closed' license and then seeing that the
> other company uses that code to compete against the first company.
> Again get a software lawyer well versed in contract law to draft an
> appropriate one where A) they can't take improvements from the GPL
> version and pull it into their license, and B) product improvements
> that are made for them can be 'Freed' at some definite point in the
> future (as in now to 6 months from the date they are made.).


Yeah, this license would certainly be picked carefully, again with  
advice from a lawyer with significant experience in this space.

Any improvements for them would be handled on a per-contract basis,  
but I'll certainly always push to have everything open-sourced right  
away.

-- 
Life is too short for traffic. --Dan Bellack
---------------------------------------------------------------------
Luke Kanies | http://reductivelabs.com | http://madstop.com


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