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[BUG] License is incompatible with contributions #1308

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Josaphat opened this issue Oct 10, 2024 · 3 comments
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[BUG] License is incompatible with contributions #1308

Josaphat opened this issue Oct 10, 2024 · 3 comments
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@Josaphat
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Describe the bug
I'm not a lawyer, but I have quite a bit of experience with licenses. It would seem to me that the CC-BY-NC-ND-4.0 license is incompatible with contributions. Specifically the ND (No Derivatives) portion.

In order for the contribution agreement (CLA) to go into effect, one must be making a contribution. But if one can't prepare a derivative work and distribute it, one cannot make a contribution--at least not via github because creating a github pull request requires creating a fork which includes the contribution (i.e. a derivative work).

Technically speaking, anyone who has created a PR has violated the license.

This is clearly against the intent

[This] license does encourage contributions, and there is a CLA.
#122 (comment)

I can't find a license that would be compatible with the intent but not open to abuse.

The best I can think of is to amend the LICENSE file with an exception for derivative works made "in good faith" for contributing to the project. (Again, not a lawyer).

@Josaphat Josaphat added the bug Something isn't working label Oct 10, 2024
@hsutter
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hsutter commented Oct 10, 2024

Indeed, the CC-BY-NC-ND-4.0 license is temporary. While the project was experimental, I wanted to exclude commercial use and exclude people using it to create incompatible/divergent forks.

My plan is to switch from that to Apache 2.0 with LLVM Exceptions, which does allow commercial use and derivative works. (Actually, this issue is well-timed because I was planning to do that in the next week or two.) Would that address your concern?

@hsutter
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hsutter commented Oct 10, 2024

Since this prodded me to do a task I had on my do-soon list anyway: The draft Apache license change is now #1309.

@hsutter hsutter self-assigned this Oct 10, 2024
@hsutter
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hsutter commented Oct 21, 2024

Closed with #1309. Thanks!

@hsutter hsutter closed this as completed Oct 21, 2024
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