Deep review of 'AS IS' disclaimers - part 2
Subsystems (4)
cover Deep review of 'AS IS' disclaimers - part 2
This is the second variant of disclaimer modifications. Two patterns which express it different, but similar:
Standard disclaimer:
this program is distributed in the hope that it will be useful but without any warranty without even the implied warranty of merchantability or fitness for a particular purpose
Modified disclaimer 1:
software distributed under the license is distributed on an as is basis without warranty of any kind either express or implied see the license for the specific language governing rights and limitations under the license
Modified disclaimer 2:
this driver software is distributed as is without any warranty of any kind either express or implied as further specified in the gnu public license
Both are explicitely under GPLv2 and both refer to the specific disclaimer wording in the GPLv2 license.
So as with ASIS-1, I don't see anything contradicting or substantially different.
In case we agree on that, I would amend the changelogs of the individual patches with a paragraph explaining our conclusion. Something along the lines:
The patterns deviate from the standard GPLv2 disclaimer, but the modifications do not expand beyond the standard disclaimer and the NO WARRANTY section of the GPLv2. So replacing the license notice including the modified disclaimers with the SPDX license identifier results in the same protections and conditions.
Feel free to suggest better wording or deeper explanation.
Thanks,
tglx
PATCH 1/2 treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 186
From: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this program is free software you can redistribute it and or modify it under the terms of the gnu general public license version 2 as published by the free software foundation software distributed under the license is distributed on an as is basis without warranty of any kind either express or implied see the license for the specific language governing rights and limitations under the license
extracted by the scancode license scanner the SPDX license identifier
GPL-2.0-only
has been chosen to replace the boilerplate/reference in 4 file(s).
Bucket: ASIS-2
---
https://git.kernel.org/pub/scm/linux/kernel/git/tglx/linux-spdx.git/commit/?h=asis-2&id=fca91252b910
--- drivers/bluetooth/bluecard_cs.c | 12 +----------- drivers/bluetooth/bt3c_cs.c | 12 +----------- drivers/bluetooth/dtl1_cs.c | 12 +----------- drivers/watchdog/sbc7240_wdt.c | 11 +---------- 4 files changed, 4 insertions(+), 43 deletions(-)
drivers/bluetooth/bluecard_cs.c +1 -11
@@ -1,23 +1,13 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * Bluetooth driver for the Anycom BlueCard (LSE039/LSE041) * * Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h>
drivers/bluetooth/bt3c_cs.c +1 -11
@@ -1,3 +1,4 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * Driver for the 3Com Bluetooth PCMCIA card
@@ -5,20 +6,9 @@* Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * Jose Orlando Pereira <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h>
drivers/bluetooth/dtl1_cs.c +1 -11
@@ -1,23 +1,13 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * A driver for Nokia Connectivity Card DTL-1 devices * * Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h>
drivers/watchdog/sbc7240_wdt.c +1 -10
@@ -1,19 +1,10 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * NANO7240 SBC Watchdog device driver * * Based on w83877f.c by Scott Jennings, * -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS IS" -* basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * (c) Copyright 2007 Gilles GIGAN <[email protected]> -* */ #define pr_fmt (fmt) KBUILD_MODNAME ": " fmt
Re: [ASIS-2 patch 1/2] treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 186
Quoted 127 lines · Thomas Gleixner
From: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this program is free software you can redistribute it and or modify it under the terms of the gnu general public license version 2 as published by the free software foundation software distributed under the license is distributed on an as is basis without warranty of any kind either express or implied see the license for the specific language governing rights and limitations under the license
extracted by the scancode license scanner the SPDX license identifier
GPL-2.0-onlyhas been chosen to replace the boilerplate/reference in 4 file(s).
Bucket: ASIS-2
Signed-off-by Thomas Gleixner <[email protected]>---
https://git.kernel.org/pub/scm/linux/kernel/git/tglx/linux-spdx.git/commit/?h=asis-2&id=fca91252b910--- drivers/bluetooth/bluecard_cs.c | 12 +----------- drivers/bluetooth/bt3c_cs.c | 12 +----------- drivers/bluetooth/dtl1_cs.c | 12 +----------- drivers/watchdog/sbc7240_wdt.c | 11 +---------- 4 files changed, 4 insertions(+), 43 deletions(-)drivers/bluetooth/bluecard_cs.c +1
-11@@ -1,23 +1,13 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * Bluetooth driver for the Anycom BlueCard (LSE039/LSE041) * * Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h> drivers/bluetooth/bt3c_cs.c +1
-11@@ -1,3 +1,4 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * Driver for the 3Com Bluetooth PCMCIA card @@ -5,20 +6,9 @@* Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * Jose Orlando Pereira <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h> drivers/bluetooth/dtl1_cs.c +1
-11@@ -1,23 +1,13 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * * A driver for Nokia Connectivity Card DTL-1 devices * * Copyright (C) 2001-2002 Marcel Holtmann <[email protected]> * -* -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -* -* Software distributed under the License is distributed on an "AS -* IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * The initial developer of the original code is David A. Hinds * <[email protected]>. Portions created by David A. Hinds * are Copyright (C) 1999 David A. Hinds. All Rights Reserved. -* */ #include <linux/module.h> drivers/watchdog/sbc7240_wdt.c +1
-4@@ -1,19 +1,10 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * NANO7240 SBC Watchdog device driver * * Based on w83877f.c by Scott Jennings, * -* This program is free software; you can redistribute it and/or modify -* it under the terms of the GNU General Public License version 2 as -* published by the Free Software Foundation; -*
drivers/watchdog/sbc7240_wdt.c line 10
Quoted 10 lines
drivers/watchdog/sbc7240_wdt.c +0
-6-* Software distributed under the License is distributed on an "AS IS" -* basis, WITHOUT WARRANTY OF ANY KIND, either express or -* implied. See the License for the specific language governing -* rights and limitations under the License. -* * (c) Copyright 2007 Gilles GIGAN <[email protected]> -* */ #define pr_fmt (fmt) KBUILD_MODNAME ": " fmt
Signature · 3 lines
Enrico Weigelt, metux IT consult Free software and Linux embedded engineering [email protected] -- +49-151-27565287
Re: [ASIS-2 patch 1/2] treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 186
In reply to Thomas GleixnerQuoted 13 lines · Thomas Gleixner
From: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this program is free software you can redistribute it and or modify it under the terms of the gnu general public license version 2 as published by the free software foundation software distributed under the license is distributed on an as is basis without warranty of any kind either express or implied see the license for the specific language governing rights and limitations under the license
extracted by the scancode license scanner the SPDX license identifier
Quoted 7 lines
GPL-2.0-only
has been chosen to replace the boilerplate/reference in 4 file(s).
Bucket: ASIS-2
Signed-off-by Thomas Gleixner <[email protected]>
PATCH 2/2 treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 439
In reply to Thomas GleixnerFrom: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this driver software is distributed as is without any warranty of any kind either express or implied as further specified in the gnu public license this software may be used and distributed according to the terms of the gnu public license version 2 as published by the free software foundation see the file copying in the main directory of this archive for more details you should have received a copy of the gnu general public license along with this program if not see http www gnu org licenses
extracted by the scancode license scanner the SPDX license identifier
GPL-2.0-only
has been chosen to replace the boilerplate/reference in 1 file(s).
Bucket: ASIS-2
---
https://git.kernel.org/pub/scm/linux/kernel/git/tglx/linux-spdx.git/commit/?h=asis-2&id=c12b1fe28b1a
--- drivers/rtc/rtc-rx6110.c | 10 +--------- 1 file changed, 1 insertion(+), 9 deletions(-)
drivers/rtc/rtc-rx6110.c +1 -9
@@ -1,17 +1,9 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * Driver for the Epson RTC module RX-6110 SA * * Copyright(C) 2015 Pengutronix, Steffen Trumtrar <[email protected]> * Copyright(C) SEIKO EPSON CORPORATION 2013. All rights reserved. -* -* This driver software is distributed as is, without any warranty of any kind, -* either express or implied as further specified in the GNU Public License. -* This software may be used and distributed according to the terms of the GNU -* Public License, version 2 as published by the Free Software Foundation. -* See the file COPYING in the main directory of this archive for more details. -* -* You should have received a copy of the GNU General Public License along with -* this program. If not, see <http://www.gnu.org/licenses/>. */ #include <linux/bcd.h>
Re: [ASIS-2 patch 2/2] treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 439
Quoted 42 lines · Thomas Gleixner
From: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this driver software is distributed as is without any warranty of any kind either express or implied as further specified in the gnu public license this software may be used and distributed according to the terms of the gnu public license version 2 as published by the free software foundation see the file copying in the main directory of this archive for more details you should have received a copy of the gnu general public license along with this program if not see http www gnu org licenses
extracted by the scancode license scanner the SPDX license identifier
GPL-2.0-onlyhas been chosen to replace the boilerplate/reference in 1 file(s).
Bucket: ASIS-2
Signed-off-by Thomas Gleixner <[email protected]>---
https://git.kernel.org/pub/scm/linux/kernel/git/tglx/linux-spdx.git/commit/?h=asis-2&id=c12b1fe28b1a--- drivers/rtc/rtc-rx6110.c | 10 +--------- 1 file changed, 1 insertion(+), 9 deletions(-)drivers/rtc/rtc-rx6110.c +1
-2@@ -1,17 +1,9 @@ +// SPDX-License-Identifier: GPL-2.0-only /* * Driver for the Epson RTC module RX-6110 SA * * Copyright(C) 2015 Pengutronix, Steffen Trumtrar <[email protected]> * Copyright(C) SEIKO EPSON CORPORATION 2013. All rights reserved. -* -* This driver software is distributed as is, without any warranty of any kind,
drivers/rtc/rtc-rx6110.c line 9
Quoted 10 lines
drivers/rtc/rtc-rx6110.c +0
-7-* either express or implied as further specified in the GNU Public License. -* This software may be used and distributed according to the terms of the GNU -* Public License, version 2 as published by the Free Software Foundation. -* See the file COPYING in the main directory of this archive for more details. -* -* You should have received a copy of the GNU General Public License along with -* this program. If not, see <http://www.gnu.org/licenses/>. */ #include <linux/bcd.h>
Signature · 3 lines
Enrico Weigelt, metux IT consult Free software and Linux embedded engineering [email protected] -- +49-151-27565287
Re: [ASIS-2 patch 2/2] treewide: Replace GPLv2 boilerplate/reference with SPDX - rule 439
In reply to Thomas GleixnerQuoted 15 lines · Thomas Gleixner
From: Thomas Gleixner [email protected]
Based on 1 normalized pattern(s):
this driver software is distributed as is without any warranty of any kind either express or implied as further specified in the gnu public license this software may be used and distributed according to the terms of the gnu public license version 2 as published by the free software foundation see the file copying in the main directory of this archive for more details you should have received a copy of the gnu general public license along with this program if not see http www gnu org licenses
extracted by the scancode license scanner the SPDX license identifier
Quoted 7 lines
GPL-2.0-only
has been chosen to replace the boilerplate/reference in 1 file(s).
Bucket: ASIS-2
Signed-off-by Thomas Gleixner <[email protected]>
Quoted 22 lines · Thomas Gleixner
This is the second variant of disclaimer modifications. Two patterns which express it different, but similar:
Standard disclaimer:
this program is distributed in the hope that it will be useful but without any warranty without even the implied warranty of merchantability or fitness for a particular purpose
Modified disclaimer 1:
software distributed under the license is distributed on an as is basis without warranty of any kind either express or implied see the license for the specific language governing rights and limitations under the license
Modified disclaimer 2:
this driver software is distributed as is without any warranty of any kind either express or implied as further specified in the gnu public license
Quoted 5 lines
Both are explicitely under GPLv2 and both refer to the specific disclaimer wording in the GPLv2 license.
So as with ASIS-1, I don't see anything contradicting or substantially different.
Again, agreed. The added wording "as is", "of any kind", and "either express or implied" were all copied from GPLv2, and so don't disclaim anything more than the license already did.
Allison