[RFC v3] Change EDK II to BSD+Patent License

["Kinney, Michael D" <michael.d.kinney@intel.com>]

Hello,

Based on review of the RFC V2, there are some updates required to
Readme.md in the root of the edk2 repository.

Changes for V3
===============
* Move the portions of Contributions.txt in the root of edk2 to
  Readme.md in the root of edk2 that describe how to contribute
  along with the commit message format.

* Add to Readme.md in the root of edk2 that Signed-off-by means that
  the contributor certifies compliance to the Developer's Certificate
  of Origin 1.1.  https://developercertificate.org

Changes for V2
===============
* Replace 2-Clause BSD License in file headers with SPDX-License-Identifier
  statement.  This reduces the size of the file headers and the size
  of the patches for this change.  Based on the following post:

  https://01.org/blogs/jc415/2018/open-source-hacks-one-question-interviews-open-source-experts-how-use-spdx-headers

* Update License.txt in root of edk2 before changing file headers.
* Fix minor typos
===============

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 at lists.01.org, the EDK II community
manager or any of the EDK II stewards.

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

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

2) Change License.txt in the root of the edk2 repository from a 2-Clause
   BSD License to the BSD+Patent License. The following is the link to the
   BSD+Patent License and the new License.txt file contents.

   https://opensource.org/licenses/BSDplusPatent

   ======================================================================
   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) Change all files currently covered by a 2-Clause BSD License and the 
   TianoCore Contribution Agreement to a BSD+Patent License using the 
   following SPDX-License-Identifier statement:

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

   The use of SPDX-License-Identifier statement is based on the following:

        https://01.org/blogs/jc415/2018/open-source-hacks-one-question-interviews-open-source-experts-how-use-spdx-headers

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

  a) Move the portions of Contributions.txt in the root of the edk2 repository
     Readme.md in the root of edk2 repository that describe how to contribute
     along with the commit message format.

  b) Add the following to Readme.md in the root of edk2 repository:

     # Developer Certificate of Origin

     Your change description should use the standard format for a
     commit message, and must include your `Signed-off-by` signature.

     In order to keep track of who did what, all patches contributed must
     include a statement that to the best of the contributor's knowledge
     they have the right to contribute it under the specified license.

     The test for this is as specified in the [Developer's Certificate of
     Origin (DCO) 1.1](https://developercertificate.org/). The contributor
     certifies compliance by adding a line saying

       Signed-off-by: Developer Name <developer@example.org>

     where `Developer Name` is the contributor's real name, and the email
     address is one the developer is reachable through at the time of
     contributing.

     ```
     Developer's Certificate of Origin 1.1

     By making a contribution to this project, I certify that:

      (a) The contribution was created in whole or in part by me and I
         have the right to submit it under the open source license
         indicated in the file; or

      (b) The contribution is based upon previous work that, to the best
         of my knowledge, is covered under an appropriate open source
         license and I have the right under that license to submit that
         work with modifications, whether created in whole or in part
         by me, under the same open source license (unless I am
         permitted to submit under a different license), as indicated
         in the file; or

      (c) The contribution was provided directly to me by some other
         person who certified (a), (b) or (c) and I have not modified
         it.

      (d) I understand and agree that this project and the contribution
         are public and that a record of the contribution (including all
         personal information I submit with it, including my sign-off) is
         maintained indefinitely and may be redistributed consistent with
         this project or the open source license(s) involved.
     ```

5) Remove the Contributions.txt file from the root of the edk2 repository
   that contains the TianoCore Contribution Agreement.

6) 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 License.

       Contributed-under: TianoCore Contribution Agreement 1.1

7) Create Wiki page(s) that provide the details of the BSD+Patent License
   change and provides 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