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The license of the documentation is impractical for any use in any open source software, and other license issues

Open pombredanne opened this issue 10 months ago • 8 comments

Describe the bug The license of the documentation is impractical for any use in any open source software. Could you work out something that makes it possible to reuse and include in an open source software package?

With open source, I cannot control commercial use or not.

It would be nice to consider a proper open source license for the docs and text such as a CC-BY or CC-BY-SA

Some other related license issues:

  • are the data and schema in https://github.com/CERTCC/SSVC/blob/main/data/ MIT-license (e.g. software?) or under the proprietary license of the docs, texts and PDFs? If not MIT, SSVC is mostly unusable as it is.

  • the license notice at https://github.com/CERTCC/SSVC/blob/a342cb636891dfb4aacbb2513f43611778d76b2b/src/ssvc/_mixins.py#L10 mentions a LICENSE.md file that does not exists.

You have an excellent framework, but the licensing makes it's usage impossible for open source.

pombredanne avatar Apr 05 '24 14:04 pombredanne

Also is the code in https://certcc.github.io/SSVC/ssvc-calc/ MIT or is this code under the proprietary license?

pombredanne avatar Apr 05 '24 15:04 pombredanne

@ahouseholder gentle ping.

pombredanne avatar Jun 11 '24 16:06 pombredanne

Hi, I'm working this through our legal folks, so I don't have a definitive answer at the moment. However, I can say that our intent was that:

  • Code is covered by the MIT license. This includes the calculator, the python code, any javascript or json files, and any ancillary scripts. https://github.com/CERTCC/SSVC/blob/19f72a50bd2b142484233564e114bd636148dba0/LICENSE#L1-L25

  • Documentation is covered by the Copyright statement in https://github.com/CERTCC/SSVC/blob/19f72a50bd2b142484233564e114bd636148dba0/LICENSE#L27-L67

Just to confirm that I'm understanding the concern correctly, I think you're reacting to the documentation portion https://github.com/CERTCC/SSVC/blob/19f72a50bd2b142484233564e114bd636148dba0/LICENSE#L57-L61 and highlighting that it only allows the documentation to be included downstream without modification (or requires permission to modify). Is that accurate?

(any references to LICENSE.md are intended to mean https://github.com/CERTCC/SSVC/blob/main/LICENSE, that's just a typo in the boilerplate)

ahouseholder avatar Jun 11 '24 17:06 ahouseholder

@ahouseholder Thank you for chiming in! I guess the "F" in "License" is for "Fun" ;)

You wrote:

Just to confirm that I'm understanding the concern correctly, I think you're reacting to the documentation portion and highlighting that it only allows the documentation to be included downstream without modification (or requires permission to modify). Is that accurate?

Yes this is accurate. This license statement is incompatible with an open source licensing. This would not be a problem if there were not data definitions (and possibly JS calculator code) in the documentation and that that would be necessarily copied when doing an implementation, and likely modified along the way.

And also this:

Permission is required for any other external and/or commercial use

External and commercial is pretty much the whole wild world.

I am assuming your concern is to keep the integrity of the SSVC specification and avoid derived work that would be still pretend to be SSVC? I am sure there are proper open source licenses that would support this. For code, the Apache has these effects for instance AFAIK.

You may want to direct your legal team to check this license https://github.com/CommunitySpecification/Community_Specification by @mkdolan from the Linux Foundation. This is a sensible and comprehensive license designed for specifications. It is used for specs in the space such as SPDX.

pombredanne avatar Jun 18 '24 16:06 pombredanne

I am assuming your concern is to keep the integrity of the SSVC specification and avoid derived work that would be still pretend to be SSVC? I am sure there are proper open source licenses that would support this. For code, the Apache has these effects for instance AFAIK.

It's actually a bit of a historical artifact due to the content of this repository having arrived via two distinct paths:

  1. The original SSVC docs we released as PDFs https://insights.sei.cmu.edu/library/prioritizing-vulnerability-response-a-stakeholder-specific-vulnerability-categorization-version-20/ carried the SEI's standard copyright blurb which is the origin of the "Permission is required for any other external and/or commercial use" line. I think the idea there is that "You can redistribute the PDF in its entirety but don't chop it up."
  2. The code came from the MIT license side of things, which we intended to be reusable subject to the MIT license requiring the copyright acknowledgement.

There's obviously a different set of assumptions behind those two paths, which is how we got here.

Thanks for your comments though. Our legal folks are aware of this thread and hopefully we'll come to some sort of resolution soon.

ahouseholder avatar Jun 18 '24 20:06 ahouseholder

@ahouseholder re:https://github.com/CERTCC/SSVC/issues/550#issuecomment-2176928708

Thanks for your comments though. Our legal folks are aware of this thread and hopefully we'll come to some sort of resolution soon.

Thank you. You and SSVC are awesome.

pombredanne avatar Jun 20 '24 22:06 pombredanne

@ahouseholder Hey :wave:, did you get any update from your legal folks?

pombredanne avatar Sep 05 '24 18:09 pombredanne

I’ll ask Amy if she needs anything.

Laurie

From: Philippe Ombredanne @.> Sent: Thursday, September 5, 2024 2:06 PM To: CERTCC/SSVC @.> Cc: Subscribed @.***> Subject: Re: [CERTCC/SSVC] The license of the documentation is impractical for any use in any open source software, and other license issues (Issue #550)

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@ahouseholderhttps://github.com/ahouseholder Hey 👋, did you get any update from your legal folks?

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laurie-tyz avatar Sep 05 '24 19:09 laurie-tyz