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New license request: google-patent-license-webm [SPDX-Online-Tools] #2613

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xsuchy opened this issue Nov 8, 2024 · 3 comments
Open

New license request: google-patent-license-webm [SPDX-Online-Tools] #2613

xsuchy opened this issue Nov 8, 2024 · 3 comments

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@xsuchy
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xsuchy commented Nov 8, 2024

1. License Name: Google Patent License for WebM
2. Short identifier: google-patent-license-webm
3. License Author or steward: Unknown
4. Comments: This was discovered during Fedora license review https://gitlab.com/fedora/legal/fedora-license-data/-/issues/591
and it is used in package libwebp
5. License Request Url: http://tools.spdx.org/app/license_requests/411
6. URL(s): https://www.webmproject.org/license/additional/
7. OSI Status: Unknown
8. Example Projects: http://webmproject.org/

@xsuchy
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xsuchy commented Nov 8, 2024

Text of the license:

Additional IP Rights Grant (Patents)
------------------------------------

"These implementations" means the copyrightable works that implement the WebM
codecs distributed by Google as part of the WebM Project.

Google hereby grants to you a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section) patent license to
make, have made, use, offer to sell, sell, import, transfer, and otherwise
run, modify and propagate the contents of these implementations of WebM, where
such license applies only to those patent claims, both currently owned by
Google and acquired in the future, licensable by Google that are necessarily
infringed by these implementations of WebM. This grant does not include claims
that would be infringed only as a consequence of further modification of these
implementations. If you or your agent or exclusive licensee institute or order
or agree to the institution of patent litigation or any other patent
enforcement activity against any entity (including a cross-claim or
counterclaim in a lawsuit) alleging that any of these implementations of WebM
or any code incorporated within any of these implementations of WebM
constitute direct or contributory patent infringement, or inducement of
patent infringement, then any patent rights granted to you under this License
for these implementations of WebM shall terminate as of the date such
litigation is filed.

This is similar - both textual and semantics - to https://gitlab.com/fedora/legal/fedora-license-data/-/issues/583 and it may be a case to AdditionRef-*

@richardfontana
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richardfontana commented Nov 8, 2024

At least as I understand it, AdditionRef- would never be used by SPDX in its license identifier/exception lists. There is a question here though whether this could qualify for inclusion in the SPDX exception list, which includes whether it's the sort of thing that SPDX would or should consider a type of 'exception' or grant of additional permission.

Another point is that substantially the same language has been used in a number of other Google-maintained projects.

@goneall
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goneall commented Nov 8, 2024

At least as I understand it, AdditionRef- would never be used by SPDX in its license identifier/exception lists. There is a question here though whether this could qualify for inclusion in the SPDX exception list, which includes whether it's the sort of thing that SPDX would or should consider a type of 'exception' or grant of additional permission.

This is my understanding as well - AdditionRef- is a reserved prefix for identifying "addition" text which is not represented on the SPDX license or SPDX exception lists (e.g. defined locally in an SPDX document).

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