[legal] Updated NOTICE and README.#10987
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LGTM
Copying code, and especially copying the entire application without mentioning the source, is disrespectful to all contributors. Over the past few years, many products based on Organic Maps have appeared on the market, and not all of them, unfortunately, mention our project to their users. And some even use the project's servers for their own needs.
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It fits README fine, but doesn't belong to the NOTICE file.
| To respect the work of all project contributors and to comply with license attribution terms, | ||
| this notice should appear in user-visible locations, such as the product’s “About” and “Main Menu” screens. | ||
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| For white-label use cases, please contact us at `[email protected]`. |
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Why do you want those additions in the NOTICE file?
They fit README or other docs well, whereas the NOTICE file has a specific function for Apache 2.0 licensed projects.
The contents of the NOTICE file are for informational purposes only and do not modify the License.
It is important to keep NOTICE as brief and simple as possible, as each addition places a burden on downstream consumers.
Do not add anything to NOTICE which is not legally required.
Basically its for listing actual copyright holders and other legally required info which is not in the license text already. So that its easy for consumers to e.g. find out who holds copyrights, who can represent in court etc.
Whereas your added text is a suggestion / recommendation which is not legally necessary and doesn't have any legal force, so it just clutters the NOTICE file unnecessarily while duplicating the text from README.
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Also, it looks to me that this addition may be in violation of Apache 2.0 license:
You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
"to comply with license attribution terms" looks to me like something that may easily be construed as modifying the License.
Fair enough. If you did and they haven't complied anyway, then adding this text to the README won't help unfortunately :) |
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Signed-off-by: Viktor Govako <[email protected]>
Signed-off-by: Viktor Govako <[email protected]>
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| Organic Maps Binary Data License | |||
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| The Organic Maps project provides compiled binary data files (including but not limited to `.mwm` map files) under a separate license from the source code. | |||
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What are other binary files produced/distributed?
It might make sense to list them so that fork maintainers could check their compliance status easily.
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The map files are mostly reformatted databases of OpenStreetMap data, which is under ODbL and requires its own attribution. This seems completely missed by the new legal stuff. |
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warning: I am not a lawyer
note that Apache License, Version 2.0 seems to be not blocking this as notice requirement can be fulfilled without making it noticeable to users. is this PR relicensing Organic Maps from Apache License, Version 2.0 to custom derivative of this license? If yes, then maybe earlier claims about license also need to be changed? or is it adding non-binding request to credit Organic Maps in a visible place? In addition to what is required by Apache License, Version 2.0? (Is Organic Maps mentioning MAPS.ME in such manner?) |
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The NOTICE file is informational and can not change the license, see https://www.apache.org/licenses/LICENSE-2.0.html#redistribution
To change the license OM has to change the text in the LICENSE file. So this extra attribution request is non-binding and is like a suggestion / recommendation. |
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organicmaps/LICENSES/Apache-2.0.txt Lines 33 to 43 in ba87976 |
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Can you clarify whether this PR intends to add nonbinding request? warning: I am not a lawyer |
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I also wonder who is the copyright holder for the "compiled binary files"? Probably the one who hit a button / started a script to generate them? |
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Ah, so we shall add the NonFreeAssets anti-feature to F-Droid, yes? |
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Yes, if the explicit attribution requirement is not compatible with the FDroid free license philosophy. |
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Not sure I follow. You've set a different license for the maps, right? Maybe I'm lost in translation? That licence is not-FLOSS, hence "NonFreeAssets" Did I get this right? |
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depends, see the list at https://spdx.org/licenses/ some are not which one is this exactly?
it does not work like this you need to say "It's licensed under CC-BY-WHATEVER" and have that actual text in the LICENSE file, not your own made up text |
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Thanks for the link. Probably, we will choose one from this list next time. |
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Look at the header of the table in https://spdx.org/licenses/, then look at the license that you seek, if one or both last columns have a eg. |
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Ok, but you didn't answer: any custom license is considered not FLOSS (by FDroid), regardless of what is written there? From my perspective, our license states the same as CC-BY-4.0, Section 3(a)(1), indicating the specific place where we want to see the attribution. |
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Can you clarify whether this PR intends to add nonbinding request (for source code)? Or is it intending to change license away from Apache License, Version 2.0 to something different? (as allowed by Apache license) current situation is quite confusing, and I am curious what you intended to do here
+1 An you can easily end with so called "crayon license" that has unwanted side-effects, does not work like it was intended or is otherwise broken. warning: I am not a lawyer |
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@vng imho, yes, your custom license will be considered non-FOSS If it matches one of the existing ones, that would be nicer ;) |
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Telling if a particular license is FLOSS or not takes effort and skill to analyze. Most people would just prefer to use known authoritative lists like from FSF/OSI and might prefer to stay away from unknown custom licenses and/or consider them non-FLOSS by default as its a much safer choice. E.g. I've actually expected all CC-BY licenses to be FLOSS (disclaimer: I haven't read them though), I'm quite surprised to see the most of them are not! And even CC-BY-4.0 is not OSI approved! So there are some important details in the license text which could be not obvious for laymen. |
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TBH as you've left the list of compiled binary files open ("including but not limited to |
it is also possible that after this modification Organic Maps is violating Apache 2.0 license or at least going against what it strongly recommends. And that part of NOTICE is misleading, deliberately or not. Note this part of license
and this PR added
"to comply with license attribution terms" looks to me like something that may easily be construed as modifying the License. To me it looks like this part of license was intended exactly to stop confusion-generating stuff like this one where codebase pretends to be Apache 2.0 but you have trap in form of much stronger license terms. Note that as I understand Apache 2.0 allow to take code into project on a different license, so this kind of tricks is not needed. warning: still not a lawyer |
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@licaon-kter Ok, we will consider using CC-BY-4.0 for assets. |
yes, but with confusing NOTICE file that has
part. which either: (1) redefines Apache 2.0 license where NOTICE content may be present, going against Apache 2.0 license with "provided that such additional attribution notices cannot be construed as modifying the License." (2) does not need to be followed at all, making "to comply with license attribution terms, this notice should appear" highly misleading (and this NOTICE text must be preserved and will be extremely hard to remove in future) both seem undesirable, no matter what is the goal of this changes. warning: I am not a lawyer EDIT: or maybe it is a request to add an attribution rather than an attribution notice, so therefore "must include a readable copy of the attribution notices contained within such NOTICE file" allows derivative works to skip this request? |
It takes a lawyer well-versed in copyright to even attempt to determine that, so vast majority of people will just go with authoritative source like FSF/OSI, e.g. as simply selectable on https://spdx.org/licenses/. Common wisdom with licenses is as with encryption -- unless you're world renowned expert in the field, please do not try to roll your own, because it will fail miserably in hundred ways completely unfathomable to you. I would thus highly suggest that OM chooses one of common FLOSS licenses instead of trying to roll their own. If OM chooses to do a different FLOSS license, it is within their right to do so (as long as new license is compatible with previous ones, of course), but if they expect the rest of the world to recognize them as FLOSS, they would need to submit for OSI or FSF (or some other well-accepted org) to approve their license. (Note that this might - or might not - come with some cost, and will certainly take some time). I would still suggest against custom FLOSS license, as license proliferation is a bad thing to be avoided if at all possible. And of course, going for non-FLOSS license (unintentionally, or worse, intentionally), while legal, is the least attractive option for community...
@vng then you should remove those additional attribution notices from
As they add additional requirements not present in original Apache 2.0 license, they can be construed as modifying the Apache license for code (IMHO, IANAL). Having them in Note that
It would be great to do that before a new version of OM is released with current license (in order for tainted release to not get F-droid antifeature until the issue is fixed with following release). (see above #10987 (comment)) |
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Actually this merged commit has made it to the |
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ping us when this changes /LE: fixed ink |
I've created a new issue regarding the possible violation of ODbL. |
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