[legal-discuss] [openstack-dev] [Marconi] Why is marconi a queue implementation vs a provisioning API?

Monty Taylor mordred at inaugust.com
Thu Mar 20 09:09:08 UTC 2014


On 03/20/2014 01:30 AM, Radcliffe, Mark wrote:
> The problem with AGPL is that the scope is very uncertain and the
> determination of the  consequences are very fact intensive. I was the
> chair of the User Committee in developing the GPLv3 and I am therefor
> quite familiar with the legal issues.  The incorporation of AGPLv3
> code Into OpenStack Project  is a significant decision and should not
> be made without input from the Foundation. At a minimum, the
> inclusion of APLv3 code means that the OpenStack Project is no longer
> solely an Apache v2 licensed project because AGPLv3 code cannot be
> licensed under Apache v. 2 License.  Moreover, the inclusion of such
> code is inconsistent with the current CLA provisions.
>
> This code can be included but it is an important decision that should
> be made carefully.

I agree - but in this case, I think that we're not talking about 
including AGPL code in OpenStack as much as we are talking about using 
an Apache2 driver that would talk to a server that is AGPL ... if the 
deployer chooses to install the AGPL software. I don't think we're 
suggesting that downloading or installing openstack itself would involve 
downloading or installing AGPL code.

> -----Original Message----- From: Fox, Kevin M
> [mailto:Kevin.Fox at pnnl.gov] Sent: Wednesday, March 19, 2014 2:39 PM
> To: OpenStack Development Mailing List (not for usage questions) Cc:
> legal-discuss at lists.openstack.org Subject: Re: [legal-discuss]
> [openstack-dev] [Marconi] Why is marconi a queue implementation vs a
> provisioning API?
>
> Its my understanding that the only case the A in the AGPL would kick
> in is if the cloud provider made a change to MongoDB and exposed the
> MongoDB instance to users. Then the users would have to be able to
> download the changed code. Since Marconi's in front, the user is
> Marconi, and wouldn't ever want to download the source. As far as I
> can tell, in this use case, the AGPL'ed MongoDB is not really any
> different then the GPL'ed MySQL in footprint here. MySQL is
> acceptable, so why isn't MongoDB?
>
> It would be good to get legal's official take on this. It would be a
> shame to make major architectural decisions based on license
> assumptions that turn out not to be true. I'm cc-ing them.
>
> Thanks, Kevin ________________________________________ From: Chris
> Friesen [chris.friesen at windriver.com] Sent: Wednesday, March 19, 2014
> 2:24 PM To: openstack-dev at lists.openstack.org Subject: Re:
> [openstack-dev] [Marconi] Why is marconi a queue implementation vs a
> provisioning API?
>
> On 03/19/2014 02:24 PM, Fox, Kevin M wrote:
>> Can someone please give more detail into why MongoDB being AGPL is
>> a problem? The drivers that Marconi uses are Apache2 licensed,
>> MongoDB is separated by the network stack and MongoDB is not
>> exposed to the Marconi users so I don't think the 'A' part of the
>> GPL really kicks in at all since the MongoDB "user" is the cloud
>> provider, not the cloud end user?
>
> Even if MongoDB was exposed to end-users, would that be a problem?
>
> Obviously the source to MongoDB would need to be made available
> (presumably it already is) but does the AGPL licence "contaminate"
> the Marconi stuff?  I would have thought that would fall under "mere
> aggregation".
>
> Chris
>
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