[RFC] Change EDK II to BSD+Patent License

* [RFC] Change EDK II to BSD+Patent License
@ 2019-03-05 19:10 Kinney, Michael D
  2019-03-05 20:19 ` Kevin D Davis
  0 siblings, 1 reply; 3+ messages in thread
From: Kinney, Michael D @ 2019-03-05 19:10 UTC (permalink / raw)
  To: edk2-devel@lists.01.org, Kinney, Michael D

Hello,

This RFC follows up on the proposal from Mark Doran to change the 
EDK II Project to a BSD+Patent License.

	https://lists.01.org/pipermail/edk2-devel/2019-February/036260.html

The review period for this license change is 30 days.  If there is no
unresolved feedback on April 9, 2019, then commits of the license change
patches will begin on April 9, 2019.  

  ** Please provide feedback on the proposal by Monday April 8, 2019. **

Feedback can be sent to edk2-devel@lists.01.org, the EDK II community
manager or any of the EDK II stewards.

  * Stephano Cetola <stephano.cetola@intel.com>   Community Manager
  * Leif Lindholm   <leif.lindholm@linaro.org>    Steward
  * Andrew Fish     <afish@apple.com>             Steward
  * Laszlo Ersek    <lersek@redhat.com>           Steward
  * Michael Kinney  <michael.d.kinney@intel.com>  Steward

The goal is to convert all of the files in the edk2 repository that are
currently covered by the BSD 2-Clause License and the TianoCore
Contribution Agreement to a BSD+Patent License.  

I will be following up with pointers to public GitHub branches that
contain the set of changes to the edk2 repository for review.

The proposal is to perform this change to edk2/master in the steps listed
below. The license change will not be applied to any of the other existing
branches in the edk2 repository.

1) Add a License-History.txt file to the root of the edk2 repository that
   contains the BSD 2-Clause License and the TianoCore Contribution
   Agreement along with the details on the license change to BSD+Patent.

2) Change all files currently covered by a BSD 2-Clause license and the 
   TianoCore Contribution Agreement to a BSD+Patent license and add an 
   SPDX-License-Identifier statement.  The link to the BSD+Patent license
   and the text for file headers is listed below. 

   https://opensource.org/licenses/BSDplusPatent

   ======================================================================
   SPDX-License-Identifier: BSD-2-Clause-Patent

   Redistribution and use in source and binary forms, with or without
   modification, are permitted provided that the following conditions are met:

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

   2. Redistributions in binary form must reproduce the above copyright notice,
      this list of conditions and the following disclaimer in the documentation
      and/or other materials provided with the distribution.

   Subject to the terms and conditions of this license, each copyright holder
   and contributor hereby grants to those receiving rights under this license
   a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
   (except for failure to satisfy the conditions of this license) patent
   license to make, have made, use, offer to sell, sell, import, and otherwise
   transfer this software, where such license applies only to those patent
   claims, already acquired or hereafter acquired, licensable by such copyright
   holder or contributor that are necessarily infringed by:

   (a) their Contribution(s) (the licensed copyrights of copyright holders and
       non-copyrightable additions of contributors, in source or binary form)
       alone; or

   (b) combination of their Contribution(s) with the work of authorship to
       which such Contribution(s) was added by such copyright holder or
       contributor, if, at the time the Contribution is added, such addition
       causes such combination to be necessarily infringed. The patent license
       shall not apply to any other combinations which include the
       Contribution.

   Except as expressly stated above, no rights or licenses from any copyright
   holder or contributor is granted under this license, whether expressly, by
   implication, estoppel or otherwise.

   DISCLAIMER

   THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
   AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
   IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
   ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
   LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
   CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
   SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
   INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
   CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
   ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
   POSSIBILITY OF SUCH DAMAGE.
   ======================================================================

3) Update Readme.md and License.txt in the root of the edk2 repository to
   state that content is covered by a BSD+Patent license.  Also state that
   BSD+Patent is the preferred license for the EDK II project.

4) Remove the Contributions.txt file in the root of the edk2 repository
   That contiants the TianoCore Contribution Agreement.

5) Update all documentation to state that content submitted under the 
   BSD+Patent license no longer requires the Tianocore Contribution
   Agreement which means the following line is not required in commit
   messages for changes to files that are covered by a BSD+Patent.

       Contributed-under: TianoCore Contribution Agreement 1.1

6) Create Wiki page(s) that provide the details of the BSD+Patent License
   change and provide the status of the license change for each TianoCore
   repository and package.

Once the conversion of the edk2 repository is complete, work will begin
on the other repositories in the TianoCore project.

Best regards,

Mike	

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