TYPO3 Core

Swiftmailer 4.2.0 is out
http://blog.swiftmailer.org/post/26145849254/swiftmailer-4-2-0-released

Do we need a new license exception for this?

@see http://git.typo3.org/TYPO3v4/Core.git?a=blob;f=typo3/contrib/swiftmailer/LICENSE.TYPO3v4-Exception

According to the text, all v4 releases are covered but I have a few remarks:

• For a valid exception, we need the permission from all contributors to the code, otherwise we void our right to use the code
• Unless they have a contributor license agreement
• Or we need to upgrade to GPLv3 (which should not make a difference for PHP code, as it is never distributed compiled)
• Or we do not need the exception at all, because we do not compile/copy the code inside our project, but only link it (we could replace the copy with an own implementation with the same interfaces and we did not modify the original code)

That reminds me that the GPL licenses do not fit the nature of a script language at all.

From the license:

  22   An "Application" is any work that makes use of an interface provided
  23 by the Library, but which is not otherwise based on the Library.
  24 Defining a subclass of a class defined by the Library is deemed a mode
  25 of using an interface provided by the Library.

IMHO that means we do not need a license exception at all - but INAL.

Puuuh, i don`t have a clue.
I think we must ask the Association in this question.
Or who is the right person to ask things about licensing?

See https://twitter.com/andygrunwald/status/219157155595558912

Facts:

TYPO3 V4/V6
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Swiftmailer 4.2.0
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007

See: http://www.gnu.org/licenses/gpl-faq#AllCompatibility

But i do not really understand this matrix... :-(

Take the column "GPLv2 or later" and go all the way down ...

Please ask Ernesto and Oliver to take care of this. If lawyer consulting is needed please contact the T3A board (t3a-board@lists.association.typo3.org) for contact addresses. Consulting fees have to be paid by the V4/v6 budget.

In #29802 we've got the exception from the current SwiftMail main developer and maintainer to include it in our GPLv2 distribution.

See file:

typo3/contrib/swiftmailer/LICENSE.TYPO3v4-Exception

But Philipp is right that we don't have the exception from the other potential contributors. That should be around 19 guys (acording to the git logs). I doubt that they have some kind of contributors license, but we could ask.

We could also try to get the exception from all the original contributors, as their email adresses are known (considering that all of them are still alive).

The option to "upgrade TYPO3v4 to GPLv3" has been thought about several times already, but was stalled by potential issues:

• we probably need a consent of all "original authors" of TYPO3v4 (due to no contributor's license)
• what happens to extensions that are GPLv2: can they still "run" under a TYPO3 that is GPLv3?

About the "facts" from Olivier, they are not quite accurate:

TYPO3 V4/V6
 GNU General Public License version 2 or any later version.

Since I guess there are lack of precendents for this kind of matter (at least for us) and we release managers, team leaders and core contributors are no legal experts, we probably only have the option of getting legal counsel. I would leave this decision up to the T3A.

My personal opinion about it: As these are both "open source" projects we are dealing with, I wouldn't spend a dime in trying to figure it out and leave it as is. As Philipp mentioned, the terms of the GPL are too vague for a scripting language. And as far as I know there is no precedent of one open source project suing another open source project due to the version number of the GPL license. What's the "worst case scenario" anyway?

Thanks for clearing up so far. This will go into a (non-public) issue within the EAB caring about general licensing issues for the moment.

Peter

Just because you asked about the worst case ... to my knowledge - but INAL - you completely loose all right to use the software of you fail to fulfill the GPL. So somebody could file a case that you need to pay for using the code without a license (US copy right law, that might not apply in Europe at all).

Well, what does this mean for the TYPO3 project?
Not much actually.
I never heard that any company was ever sued for more than just to release modifications. As we do neither have modifications, nor have some private hidden repository, but develop public anyway, this should not be a big deal.
As (L)GPL v2 and v3 allow private modifications, no company using TYPO3 can be sued as they do not (at least should not) distribute the TYPO3 source code. Same applies to developers. So the only body that can be sued, is the T3A.

Given that a legal problem in terms of someone filing a case is very unlikely, I think the questions is more about a SHOULD than a MUST.
We SHOULD honor the chosen license of the author of 3rd party source code. The other developer might have a specific reason to choose the license he chose, so we should honor this wish. It might be against his moral believe to use another license (although that is very unlike in GPL v2 vs v3).

Summarizing the above, the only the T3A needs to think about actions because of legal issues, but we - as TYPO3 core contributors - should think about respecting the license others choose for their project.

Just a quick heads up guys. We will ask the license-owner to extend his grant to v6.

Never the less we will takle the general license situation in the coming year, so that you all can concentrate on being asomwe as coders and not lawyers. :-)

Olivier (Speaking as Member of the EAB here)

Hi Olivier. Any update here?

If I can help (negotiation or technical) please get in touch with me.

ping

Swiftmailer 4.2.2 released

http://blog.swiftmailer.org/post/34287975785/swiftmailer-4-2-2-released

Patch set 1 for branch master has been pushed to the review server.
It is available at http://review.typo3.org/16738

Andy, there is already a review for this change.

Unfortunately nobody seems to have been available to follow up on the "licensing thing", so that review is still blocked. Until that is sorted out and we receive an official "Go" I don't think there is much we can do about this issue here. Even offers to help clarifying the situation or inquiries to please update us on the status of this issue have unfortunately been unheard.

Hey Stefan,

there was a license change :)
Stucki took care of it.

Have a look at http://git.typo3.org/TYPO3v4/Core.git?a=commit;h=60de4ebb40ac7271776e461f0532b8c1f36fa398

I would have updated the patch which already was in review if somebody said a word :-(
Okay, so I'll abandon that one now and we'll continue with yours. Let's please get this out the door and be done.

Just a feedback to all (I already had a mail exchange with Stefan about it):
Sorry for not reporting back here that the licensing issue was resolved. There had been another issue for it (see #42422) and I was not aware that someone is waiting for feedback here.

My apologies...

Greetings, Michael

Patch set 2 for branch master has been pushed to the review server.
It is available at https://review.typo3.org/16738

Patch set 3 for branch master has been pushed to the review server.
It is available at https://review.typo3.org/16738

Patch set 4 for branch master has been pushed to the review server.
It is available at https://review.typo3.org/16738