[License] Gsas-II

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[License] Gsas-II

MARIE Alexandre
Hello,

I would like to know if the license of Gsas-II is free to use.
Here is the license :
______________________________________________________________________________________
 General Structure Analysis System - II (GSAS-II)
                         OPEN SOURCE LICENSE

Copyright 2010, UChicago Argonne, LLC, Operator of Argonne National Laboratory
All rights reserved.

GSAS-II may be used by anyone on a royalty-free basis. Use and
redistribution, with or without modification, are permitted provided
that the following conditions are met:

* Redistributions of source code must retain the above copyright
  notice, this list of conditions and the following disclaimer.
* Software changes, modifications, or derivative works should be noted
  with comments and the author and organization's name.
* Distribution of changed, modified or derivative works based on
  GSAS-II grants the GSAS-II copyright holder unrestricted permission
  to include any, or all, new and changed code in future GSAS-II
  releases.
* Redistributions that include binary forms must include all relevant
  source code and reproduce the above copyright notice, this list of
  conditions and the following disclaimers in the documentation and/or
  other materials provided with the distribution.
* Neither the names of UChicago Argonne, LLC or the Department of
  Energy nor the names of its contributors may be used to endorse or
  promote products derived from this software without specific prior
  written permission.
* The software and the end-user documentation included with the
  redistribution, if any, must include the following acknowledgment:
  "This product includes software produced by UChicago Argonne, LLC
  under Contract No. DE-AC02-06CH11357 with the Department of Energy."

*****************************************************************************
WARRANTY DISCLAIMER: THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY
OF ANY KIND. THE COPYRIGHT HOLDERS, THEIR THIRD PARTY LICENSORS, THE
UNITED STATES, THE UNITED STATES DEPARTMENT OF ENERGY, AND THEIR
EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME
ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE
SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT
THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE
OR THAT ANY ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY: IN NO EVENT WILL THE COPYRIGHT HOLDERS, THEIR
THIRD PARTY LICENSORS, THE UNITED STATES, THE UNITED STATES DEPARTMENT
OF ENERGY, OR THEIR EMPLOYEES: BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY
REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR
OTHERWISE, EVEN IF ANY OF SAID PARTIES HAS BEEN WARNED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES.
******************************************************************************
______________________________________________________________________________________

Thanks in advance for your help.

Cheers,

Alexandre Marie
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Re: [License] Gsas-II

Francesco Poli (wintermute)
On Wed, 10 Jul 2019 08:18:58 +0000 MARIE Alexandre wrote:

> Hello,

Hello Alexandre,
thanks for caring about software freedom.

>
> I would like to know if the license of Gsas-II is free to use.

I assume you are asking whether software solely licensed under
the quoted terms may comply with the DFSG.

> Here is the license :
> ______________________________________________________________________________________
>  General Structure Analysis System - II (GSAS-II)
>                          OPEN SOURCE LICENSE

This looks like a license specifically designed for one single software
package. Not a good start.
Personally, I would recommend the copyright holders to switch to
a well known and well vetted license suitable for releasing Free
Software (such as the GNU GPL, for instance).

[...]
> * Distribution of changed, modified or derivative works based on
>   GSAS-II grants the GSAS-II copyright holder unrestricted permission
>   to include any, or all, new and changed code in future GSAS-II
>   releases.

This does not seem to meet the DFSG.
I think it fails to meet DFSG#3, because, if I choose to distribute a
derived work to the original sofware copyright holder, I cannot do so
"under the same terms as the license of the original software": I am
forced to grant them unlimited rights over my modifications, which is a
much more permissive "license" than the terms of the license of the
original software.

> * Redistributions that include binary forms must include all relevant
>   source code
[...]

This looks non-free: it completely forbids binary distribution,
even when source is made available. It only allows the distribution
of a binary+source bundle.

This clause would even be violated by the Debian mirror infrastructure
(should GSAS-II be included in Debian), unless the source were bundled
inside the binary .deb packages (which is not the usual way software
is packaged for Debian...)!

[...]
> Thanks in advance for your help.

You're welcome.

P.S.: Please note that what I expressed are my own personal opinions
      and not an official statement from the Debian Project.


--
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
..................................................... Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE

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Re: [License] Gsas-II

Ben Finney-3
In reply to this post by MARIE Alexandre
MARIE Alexandre <[hidden email]> writes:

> I would like to know if the license of Gsas-II is free to use.

Thank you for taking care to keep software free for all. Especially
thank you for posting the license text here for discussion.

> Here is the license :
> ______________________________________________________________________________________
>  General Structure Analysis System - II (GSAS-II)
>                          OPEN SOURCE LICENSE
>
> Copyright 2010, UChicago Argonne, LLC, Operator of Argonne National Laboratory
> All rights reserved.
>
> GSAS-II may be used by anyone on a royalty-free basis. Use and
> redistribution, with or without modification, are permitted provided
> that the following conditions are met:

Explicitly grants license to resitribute in modified and unmodified
form. Good.

> * Redistributions of source code must retain the above copyright
>   notice, this list of conditions and the following disclaimer.

This is a restriction that is conventionally considered acceptable.
Good.

> * Software changes, modifications, or derivative works should be noted
>   with comments and the author and organization's name.

This might be too restrictive; it effectively forbids anonymous
contribution and redistribution.

> * Distribution of changed, modified or derivative works based on
>   GSAS-II grants the GSAS-II copyright holder unrestricted permission
>   to include any, or all, new and changed code in future GSAS-II
>   releases.

This is, IIUC, met by granting every recipient (including GSAS-II) this
same license. This seems to be a weaker copyleft (one specific party
must receive the same license). I think this is okay, if imbalanced.

> * Redistributions that include binary forms must include all relevant
>   source code and reproduce the above copyright notice, this list of
>   conditions and the following disclaimers in the documentation and/or
>   other materials provided with the distribution.

This combines two requirements:

* A typical requirement to preserve the copyright information and
  license (good).

* A requirement that *every* distribution must come with source code.
  This may be too burdensome; for example, GPL allows the source to be
  omitted, requiring only that a recipient who *requests* source must
  receive it.

> * Neither the names of UChicago Argonne, LLC or the Department of
>   Energy nor the names of its contributors may be used to endorse or
>   promote products derived from this software without specific prior
>   written permission.

A typical requirement not to misrepresent the attribution of a modified
work. Good.

> * The software and the end-user documentation included with the
>   redistribution, if any, must include the following acknowledgment:
>   "This product includes software produced by UChicago Argonne, LLC
>   under Contract No. DE-AC02-06CH11357 with the Department of Energy."

This is a burden on certain forms of work. This might make the work
non-free.



There are several problems with the license restrictions. They may make
the work effectively non-free.

I would recommend the copyright holders express their intent through a
more well-known free-software license like GPLv3 or Expat.

--
 \      “When I wake up in the morning, I just can't get started until |
  `\     I've had that first, piping hot pot of coffee. Oh, I've tried |
_o__)                                    other enemas...” —Emo Philips |
Ben Finney

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Re: [License] Gsas-II

Walter Landry-4
Ben Finney writes:
>> * Distribution of changed, modified or derivative works based on
>>   GSAS-II grants the GSAS-II copyright holder unrestricted permission
>>   to include any, or all, new and changed code in future GSAS-II
>>   releases.
>
> This is, IIUC, met by granting every recipient (including GSAS-II) this
> same license. This seems to be a weaker copyleft (one specific party
> must receive the same license). I think this is okay, if imbalanced.

It is icky.  However, Ocaml, which is in main, has a clause (3b) with a
similar effect:

  https://metadata.ftp-master.debian.org/changelogs//main/o/ocaml/ocaml_4.01.0-5_copyright

>> * The software and the end-user documentation included with the
>>   redistribution, if any, must include the following acknowledgment:
>>   "This product includes software produced by UChicago Argonne, LLC
>>   under Contract No. DE-AC02-06CH11357 with the Department of Energy."
>
> This is a burden on certain forms of work. This might make the work
> non-free.

Apache License 1.1 has almost the exact same wording.

Cheers,
Walter Landry

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Re: [License] Gsas-II

Francesco Poli (wintermute)
On Thu, 11 Jul 2019 07:16:42 +0000 Landry, Walter wrote:

> Ben Finney writes:
> >> * Distribution of changed, modified or derivative works based on
> >>   GSAS-II grants the GSAS-II copyright holder unrestricted permission
> >>   to include any, or all, new and changed code in future GSAS-II
> >>   releases.
> >
> > This is, IIUC, met by granting every recipient (including GSAS-II) this
> > same license. This seems to be a weaker copyleft (one specific party
> > must receive the same license). I think this is okay, if imbalanced.
>
> It is icky.  However, Ocaml, which is in main, has a clause (3b) with a
> similar effect:
>
>   https://metadata.ftp-master.debian.org/changelogs//main/o/ocaml/ocaml_4.01.0-5_copyright
Are you referring to the following QPL clause?

[...]
| [3.] b. When modifications to the Software are released under this
|      license, a non-exclusive royalty-free right is granted to the
|      initial developer of the Software to distribute your
|      modification in future versions of the Software provided such
|      versions remain available under these terms in addition to any
|      other license(s) of the initial developer.
[...]

I think this clause is not so similar to the one under examination here.

First of all, it does not state that you grant an "unrestricted"
permission. Secondly, the right is granted "provided such
versions remain available under these terms", although it also
says "in addition to any other license(s) of the initial developer",
unfortunately.

Anyway, the [QPL] is deemed [non-free], or, at least, [controversial].
At least one package was [moved] to non-free, because of the
non-freeness of the QPL.

[QPL]: <https://lists.debian.org/debian-legal/2004/07/msg00157.html>
[non-free]: <https://lists.debian.org/debian-legal/2004/07/msg00339.html>
[controversial]: <https://wiki.debian.org/DFSGLicenses#Q_Public_License_.28QPL.29.2C_Version_1.0>
[moved]: <https://bugs.debian.org/251983>

Sure, ocaml is in main, but it seems to no longer be released
under the terms of the QPL.
It [seems] to be under the GNU LGPL v2.1 now.

[seems]: <https://github.com/ocaml/ocaml/blob/74e1a85b729c81e0c3ad438acb03fafa59978886/LICENSE>

I think the debian/copyright file of the ocaml Debian package is no
longer accurate and should be reviewed and updated.
Any volunteers to file a bug report on the Debian BTS?



--
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
..................................................... Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE

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Re: [License] Gsas-II

Francesco Poli (wintermute)
On Thu, 11 Jul 2019 22:24:33 +0200 Francesco Poli wrote:

[...]
> I think the debian/copyright file of the ocaml Debian package is no
> longer accurate and should be reviewed and updated.
> Any volunteers to file a bug report on the Debian BTS?

No need to file a bug report, it seems that there already is an upload
to experimental (currently in the NEW queue), with an [updated]
debian/copyright file.

[updated]: <https://salsa.debian.org/ocaml-team/ocaml/commit/b3cd670da16077914a0b2611407ce6b6def67b00>


--
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
..................................................... Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE

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