[Koha] Koha license upgrade ballot option summaries

[Thomas Dukleth]

[The timeline of developing a ballot on the issue of upgrading the license
has been significantly delayed by my accidentally breaking my primary
computer; a severe bug in the program which I used to prepare an improved
replacement computer; the time I generously offer to everyone I know; and
allowing a cold to overtake me while I foolishly attempted to make up for
lost time by not sleeping enough.  Please accept my apologies all round. 
Providing some badly fatigued version of myself to the Koha community
would not have served any good purpose.  Any work I do should be from my
best self to the extent possible and not merely what I can manage to
provide on a particular day or week.]

Upgrading the copyright license for Koha 3.4 is being considered for a
ballot.    Koha 3.4 is currently under development and will follow the
forthcoming stable version.  The question would not affect Koha 3.2, the
immediately forthcoming stable version, nor any current or previous
version.

Koha has always used the GNU General Public License version 2 (GPL 2),
invoked with the user's option of choosing a later version of the license
from the Free Software Foundation (FSF),
http://www.gnu.org/licenses/gpl-2.0.html .  In 2007, the FSF finalised two
options to which software licensed as GPL 2, invoked with an or later
version option, may be upgraded.  Those licenses are the GNU General
Public License version 3 (GPL 3), http://www.gnu.org/licenses/gpl-3.0.html
, and the Affero General Public License version 3 (AGPL 3),
http://www.gnu.org/licenses/agpl-3.0.html .

See the transcript linked from the meeting page in the wiki for the large
number votes about how we should prepare and conduct the presently delayed
ballot on the question of upgrading the software license,
http://wiki.koha-community.org/wiki/License_Upgrade_Vote_IRC_Meeting,_13_July_2010
.  I need to take the time to summarise the votes to help put us back on
track.

gmcharlt  "item: by two weeks from now, brief descriptions of the ballot
options to be prepared; where brief = 150 words in English + link to
koha-community.org wiki; descriptions to be written by a known
proponent(s) of the option"

Suggestions for summary text reasons for Koha license options follow. 
Brief summaries are much more difficult for me to compose than more
complete summaries will be for the wiki.


1.  RETAINING GPL 2, INVOKED WITH AN OR LATER VERSION OPTION: REASONS FOR
KOHA 3.4.

I do not recommend retaining GPL 2.  There are some good reasons for
retaining GPL 2 but I think that they outweighed by the benefits of
upgrading to a newer version of the license.  Advocates of GPL 2 will
suggest their own text summarising the benefits of retaining GPL 2.


2.  UPGRADING TO GPL 3, INVOKED WITH AN OR LATER VERSION OPTION: REASONS
FOR KOHA 3.4.

I do not recommend adopting GPL 3 over AGPL 3, however, I find both
preferable to staying with GPL 2.

The following barely fits the 150 word limit imposed on a summary.

*  A lengthy open, even if imperfect, comment period for multiple drafts
before the license was finalised.

*  Substantially the same copyleft license as GPL 2 with protections for
users over issues identified subsequent to the 1991 publication of GPL 2
and greater clarity of language.

*  Greater international legal compatibility for terminology and aspects
of software copyright law.

*  Greater compatibility with other free software licenses would allow
more code from other projects to enhance Koha.  Compatibility includes GPL
2 code, invoked with an or later version option; code from newer projects
using GPL 3; and greater compatibility with other non-GPL free software
licenses.

*  Attribution rights for contributing authors even when not copyright
holders.

*  Other protections including greater protection from aggressive use of
patents, controlled by modifiers and conveyors of the software, covering
some aspect of the software functionality.

*  Still upgradable.

See wiki.koha-community.org/Some_Appropriate_Page for more detail.


3.  UPGRADING TO AGPL 3, INVOKED WITH AN OR LATER VERSION OPTION: REASONS
FOR KOHA 3.4.

The following also barely fits the 150 word limit imposed on a summary.

*  AGPL 3 text is identical to GPL 3 except for the reciprocal section 13.
 Thus AGPL 3 has all the advantages included within GPL 3 with a vital
addition.

* Section 13 ensures that any user of the software remotely over the
network, the typical case for Koha, has the right to download the complete
source code for the particular modified version being used.  Users avoid
vendor lock-in over software.

*  Code from other AGPL 3 projects could be used to enhance Koha in
addition to the compatibility provided by GPL 3.

*  Compliance mistakes are protected by the 30 day cure provision allowing
first time violators to have their rights automatically restored.  Advice
from the Software Freedom Law Center suggests a means for a copyright
holder to reinstate the first time protection to reassure a party believed
to have innocently violated the license.

See wiki.koha-community.org/Some_Appropriate_Page for more detail.


Thomas Dukleth
Agogme
109 E 9th Street, 3D
New York, NY  10003
USA
http://www.agogme.com
+1 212-674-3783