josm depends on MinML2 which is not GPL-compatible

[timo.lindfors@…]

Steps to reproduce:
1) svn co http://josm.openstreetmap.de/svn
2) wget http://www.wilson.co.uk/xml/MinML2-0.3.zip
3) unzip -d MinML2-0.3 MinML2-0.3.zip
4) Compare svn/LICENSE and MinML2-0.3/MinML2.release/licence.txt

Expected results:
4) josm and its dependency minml are free software and their distribution terms are compatible.

Actual results:
4) josm and minml seem to be free software but their distribution terms are not compatible.

More info:
1) josm can be distributed under the terms of GPLv2 
2) minml can be distributed under a BSD style license with advertising clause:

"All advertising materials mentioning features or use
of this software must display the following acknowledgement:

This product includes software developed by John Wilson.
The name of John Wilson may not be used to endorse or promote
products derived from this software without specific prior
written permission"

3) Both programs are free software but such an advertising clause is not compatible with GPL. This incompatibility has been discussed in e.g. http://www.gnu.org/philosophy/bsd.html

4) I don't see any easy solution. If I understand it correctly this issue makes it illegal for me to distribute josm at all :-( Could you perhaps ask MinML author John Wilson (tug@wilson.co.uk) to relicense his work under the revised BSD license that does not have an advertising clause?

[imi]

I'll probably rather use the sax xml parser included in the Java SDK. MinML isn't that fast after all...

[imi]

oh, and also notice, that I don't share your opinion ;-). You can distribute JOSM and advertise John Wilson for providing a part of JOSM. I don't think JOSM is a derrived work of MinML2, which is the requirement for GPL to take into account.

Note also, that JOSM reproduces the thanks to John in Help/About/Contribution.

[timo.lindfors@…]

Ok, can we still discuss this issue through trac even though the bug is now closed or is there some mailing list I should use?

[nd]

Hi,

Replying to imi:

oh, and also notice, that I don't share your opinion ;-). You can distribute JOSM and advertise John Wilson for providing a part of JOSM. I don't think JOSM is a derrived work of MinML2, which is the requirement for GPL to take into account.

According to ​http://www.gnu.org/licenses/gpl-faq.html#TOCOrigBSD it is incompatible because the GPL states:

You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

The advertising clause is treated as a further restriction, therefore the incompatibility.

Note also, that JOSM reproduces the thanks to John in Help/About/Contribution.

Rgds, Andreas

[imi]

I could not contact the author of the library yet, but I still think, that JOSM is not a combined work of MinML2 and MinML2 is not a combined of JOSM, they are only packaged in the same jar-Archive, so I think the fact that JOSM and MinML2's licenses are incompatible is interesting but not relevant for distributing JOSM.

Still: Long term plan is to replace MinML2 ;)

[imi]

Another concern: If it is true, that just using some library in Java would mean both libraries have to be compatible, it is not possible to create JOSM plugins that are using GPL-incompatible libraries (e.g. livegps?)

[bruce89]

Reclosing with better resolution.