[wp-trac] [WordPress Trac] #16100: Licensing Issue: Akismet Plugin external conflicts GPL version in it's readme.txt for WordPress package

[WordPress Trac]

#16100: Licensing Issue: Akismet Plugin external conflicts GPL version in it's
readme.txt for WordPress package
--------------------------+------------------------------
 Reporter:  hakre         |       Owner:
     Type:  defect (bug)  |      Status:  new
 Priority:  normal        |   Milestone:  Awaiting Review
Component:  General       |     Version:  3.0.2
 Severity:  critical      |  Resolution:
 Keywords:                |
--------------------------+------------------------------
Changes (by josephscott):

 * cc: josephscott (added)


Old description:

> Each time a WordPress package is build (ie
> [http://wordpress.org/download/nightly/ nightly]) files from the external
> Akismet Plugin repository are incorporated into the work.
>
> Back in August 2010, the licensing of the Akismet Plugin was named as
> "License: GPLv2"). Prior to that change, no License information was
> given.
>
> In contrast to this, the WordPress work is licensed under GPL, no
> specific version named (see r15534). The text of our license, is the one
> of GPL license version two.
>
> Section 2 of WordPress' license explicitly does not force the GPL on to
> other works of their own, '''but when you'''
>
> > distribute the same sections as part of a whole which is a work based
> > on the Program, the distribution of the whole must be on the terms of
> > this License, whose permissions for other licensees extend to the
> > entire whole, and thus to each and every part regardless of who wrote
> it.
> > Thus, it is not the intent of this section to claim rights or contest
> > your rights to work written entirely by you; rather, the intent is to
> > exercise the right to control the distribution of derivative or
> > collective works based on the Program.
>
> So even the GPL version in Akismet's readme.txt might not be wrong on
> it's own, having that exact licensing information given for code in the
> plugin subdirectory within the wordpress work as a whole as it is
> distributed '''''is wrong'''''.
>
> In the past this was not a problem at all because readme.txt in the
> Akismet Plugin did not state a license and therefore could not conflict
> in such a way.
>
> But since it changed back in August 2010, there is such a version
> conflict.
>
> The first non-developer release in conflict was WordPress 3.0.2.
>
> IANAL and suggest the following to resolve the conflict:
>
> The Akismet plugin's copyright holder should be contacted and informed
> about the problem to find a solution.
>
> If it demands to release the code under GPL v2 only, it must be removed
> from the package.
>
> If they are okay to not introduce licensing constraints, it can stay in
> the package.
>
> As long as this conflict is not resolved, no new non-developer packages
> should be released.

New description:

 Each time a WordPress package is build (ie
 [http://wordpress.org/download/nightly/ nightly]) files from the external
 Akismet Plugin repository are incorporated into the work.

 Back in August 2010, the licensing of the Akismet Plugin was named as
 "License: GPLv2"). Prior to that change, no License information was given.

 In contrast to this, the WordPress work is licensed under GPL, no specific
 version named (see r15534). The text of our license, is the one of GPL
 license version two.

 Section 2 of WordPress' license explicitly does not force the GPL on to
 other works of their own, '''but when you'''

 > distribute the same sections as part of a whole which is a work based
 > on the Program, the distribution of the whole must be on the terms of
 > this License, whose permissions for other licensees extend to the
 > entire whole, and thus to each and every part regardless of who wrote
 it.
 > Thus, it is not the intent of this section to claim rights or contest
 > your rights to work written entirely by you; rather, the intent is to
 > exercise the right to control the distribution of derivative or
 > collective works based on the Program.

 So even the GPL version in Akismet's readme.txt might not be wrong on it's
 own, having that exact licensing information given for code in the plugin
 subdirectory within the wordpress work as a whole as it is distributed
 '''''is wrong'''''.

 In the past this was not a problem at all because readme.txt in the
 Akismet Plugin did not state a license and therefore could not conflict in
 such a way.

 But since it changed back in August 2010, there is such a version
 conflict.

 The first non-developer release in conflict was WordPress 3.0.2.

 IANAL and suggest the following to resolve the conflict:

 The Akismet plugin's copyright holder should be contacted and informed
 about the problem to find a solution.

 If it demands to release the code under GPL v2 only, it must be removed
 from the package.

 If they are okay to not introduce licensing constraints, it can stay in
 the package.

 As long as this conflict is not resolved, no new non-developer packages
 should be released.

--

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Ticket URL: <http://core.trac.wordpress.org/ticket/16100#comment:3>
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