Confusing Use license on dhis2 website

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.

···

On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

···

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


Thanks Bob and Calle for the great info and interpretation.

@Calle you know so well about Foss though you were many years with MS

Thanh

···

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

Hi Calle

Thanks for clarification.

But I think maybe you still could fix this on the terms of use page on the website, which doesn’t indicate anything about LGPL at all. It seems to me that you could change those terms to apply to the non-software materials on the website, if that is really your intent. Again something like a creative commons licence might be easier than making up all these terms yourselves. Then maybe just indicate the software licence(s) on the downloads page. This would be clearer.

We have all our (dhis2.org) documentation released under a GNU Free documentation licence.

Ahhhhhhh. I just noticed that the dhis2.org also has exactly the same dreaded “terms of use” page : https://www.dhis2.org/termsofuse. Have no idea where that came from. That is confusing and should be changed.

Bob

···

On 1 November 2014 21:08, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

Bob/Than,

A bit amusing that you do find stuff like that. probably just reflect that different people think differently, and that we have never had a lawyer-type going through all of it and streamline.

Conceptually, my understanding has always been that all our software and materials are free for people to download, re-distribute, and modify - as long as the original license etc follows it, and as long as people are not ABUSING it for commercial gain (as in selling the software to somebody who does not know it’s FOSS - strange, but that kind of thing CAN happen just like e.g. a student or an author might copycat materials and present them as his/her own).

That said, my (limited) understanding of the law is that in order for you to enforce such a license, you HAVE to establish COPYRIGHT over said software and materials. So you are basically saying that “this software/materials is OUR copyright because we have developed them - and we choose to allow anybody to download them, use them, re-distribute them, and use them for further development”

Conceptually very similar to the historic standards for any scientific publication - all use are encouraged EXCEPT that of copy-cat-ing (presenting it as your own), including attempting to disprove the content.

Regards

Calle

···

On 2 November 2014 14:35, Bob Jolliffe bobjolliffe@gmail.com wrote:

Hi Calle

Thanks for clarification.

But I think maybe you still could fix this on the terms of use page on the website, which doesn’t indicate anything about LGPL at all. It seems to me that you could change those terms to apply to the non-software materials on the website, if that is really your intent. Again something like a creative commons licence might be easier than making up all these terms yourselves. Then maybe just indicate the software licence(s) on the downloads page. This would be clearer.

We have all our (dhis2.org) documentation released under a GNU Free documentation licence.

Ahhhhhhh. I just noticed that the dhis2.org also has exactly the same dreaded “terms of use” page : https://www.dhis2.org/termsofuse. Have no idea where that came from. That is confusing and should be changed.

Bob

On 1 November 2014 21:08, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


Hi

and yes - while it does not really make sense to change our current LGPL license since DHIS 1.x is being phased out in any case, I think HISP-SA should/will largely use the same licenses as HISP-UiO for the future. Conceptually, there’s no significant difference from what I can see.

Regards

Calle

···

On 2 November 2014 15:07, Calle Hedberg calle.hedberg@gmail.com wrote:

Bob/Than,

A bit amusing that you do find stuff like that. probably just reflect that different people think differently, and that we have never had a lawyer-type going through all of it and streamline.

Conceptually, my understanding has always been that all our software and materials are free for people to download, re-distribute, and modify - as long as the original license etc follows it, and as long as people are not ABUSING it for commercial gain (as in selling the software to somebody who does not know it’s FOSS - strange, but that kind of thing CAN happen just like e.g. a student or an author might copycat materials and present them as his/her own).

That said, my (limited) understanding of the law is that in order for you to enforce such a license, you HAVE to establish COPYRIGHT over said software and materials. So you are basically saying that “this software/materials is OUR copyright because we have developed them - and we choose to allow anybody to download them, use them, re-distribute them, and use them for further development”

Conceptually very similar to the historic standards for any scientific publication - all use are encouraged EXCEPT that of copy-cat-ing (presenting it as your own), including attempting to disprove the content.

Regards

Calle

On 2 November 2014 14:35, Bob Jolliffe bobjolliffe@gmail.com wrote:

Hi Calle

Thanks for clarification.

But I think maybe you still could fix this on the terms of use page on the website, which doesn’t indicate anything about LGPL at all. It seems to me that you could change those terms to apply to the non-software materials on the website, if that is really your intent. Again something like a creative commons licence might be easier than making up all these terms yourselves. Then maybe just indicate the software licence(s) on the downloads page. This would be clearer.

We have all our (dhis2.org) documentation released under a GNU Free documentation licence.

Ahhhhhhh. I just noticed that the dhis2.org also has exactly the same dreaded “terms of use” page : https://www.dhis2.org/termsofuse. Have no idea where that came from. That is confusing and should be changed.

Bob


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 21:08, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


The major difference between the BSD and LGPL (which is not what the terms we are discussing here) is the BSD license is somewhat more permissive. It basically states here is the source code, do what you want with it, but we make no warranties whatsoever. If people want to take the DHIS2 source code, make modifications to it, and sell it as a closed source application, then it is totally possible to do this, providing the other terms and conditions are met, namely that the copyright notices are kept in the binary form, which as far as I know of, are not present at all in DHIS2. Of course if you are using the LGPL in DHIS 1.4, this also allows for commercial derivatives, provided that the parts subject to LGPL are also released (while the proprietary parts could be closed sorce) So, not really sure why people could not modify either DHIS software products and release them commercially, if one so wanted.

For the hisp.org site however, there are a number of products which are clearly not “HISP”'s, such as the Oracle JDK, which is subject to its own terms of download and redistribution , which are not mentioned at all on hisp.org, which could be very problematic. For the DHIS2 website, HISP seems to be the party of interest, while DHIS2 is copyrighted by the University of Oslo. The link between the two, as well as the legal status of HISP and its ability to enforce the terms of use in Norway or elsewhere, are not clear. So, it may make sense to have some “lawyer types” look through this stuff, otherwise, it is just mumbo-jumbo.

Regards,

Jason

···

On Sun, Nov 2, 2014 at 2:10 PM, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi

and yes - while it does not really make sense to change our current LGPL license since DHIS 1.x is being phased out in any case, I think HISP-SA should/will largely use the same licenses as HISP-UiO for the future. Conceptually, there’s no significant difference from what I can see.

Regards

Calle


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

On 2 November 2014 15:07, Calle Hedberg calle.hedberg@gmail.com wrote:

Bob/Than,

A bit amusing that you do find stuff like that. probably just reflect that different people think differently, and that we have never had a lawyer-type going through all of it and streamline.

Conceptually, my understanding has always been that all our software and materials are free for people to download, re-distribute, and modify - as long as the original license etc follows it, and as long as people are not ABUSING it for commercial gain (as in selling the software to somebody who does not know it’s FOSS - strange, but that kind of thing CAN happen just like e.g. a student or an author might copycat materials and present them as his/her own).

That said, my (limited) understanding of the law is that in order for you to enforce such a license, you HAVE to establish COPYRIGHT over said software and materials. So you are basically saying that “this software/materials is OUR copyright because we have developed them - and we choose to allow anybody to download them, use them, re-distribute them, and use them for further development”

Conceptually very similar to the historic standards for any scientific publication - all use are encouraged EXCEPT that of copy-cat-ing (presenting it as your own), including attempting to disprove the content.

Regards

Calle


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 2 November 2014 14:35, Bob Jolliffe bobjolliffe@gmail.com wrote:

Hi Calle

Thanks for clarification.

But I think maybe you still could fix this on the terms of use page on the website, which doesn’t indicate anything about LGPL at all. It seems to me that you could change those terms to apply to the non-software materials on the website, if that is really your intent. Again something like a creative commons licence might be easier than making up all these terms yourselves. Then maybe just indicate the software licence(s) on the downloads page. This would be clearer.

We have all our (dhis2.org) documentation released under a GNU Free documentation licence.

Ahhhhhhh. I just noticed that the dhis2.org also has exactly the same dreaded “terms of use” page : https://www.dhis2.org/termsofuse. Have no idea where that came from. That is confusing and should be changed.

Bob


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 21:08, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

Jason P. Pickering
email: jason.p.pickering@gmail.com
tel:+46764147049

Thanks Calle for the lesson :slight_smile: Always happy to provide some amusement. I don’t suggest there is any need to change from LGPL to BSD-like licence. Both do the job in this case, albeit quite a bit differently. There is of course no question that you need to claim copyright before you can offer licence. Thats not what I am saying. (Though as Jason has pointed out, hisp.org does offer some downloads like oracle jdk for which you actually have no rights to offer a use licence).

The “terms of use” pages on both dhis2.org and hisp.org seem to have been copied and pasted from somewhere which simply doesn’t actually reflect the licence of any of the software available for download on those sites. If anyone bothered to read it (perhaps Thanh was the first!) they would likely find it redundant and/or confusing. I have no idea where it comes from.

Rather than playing at lawyering and inventing Use Licences, I would suggest a notice which says:

  1. All software available for download on this site is subject to copyright and covered by its own licence. If you download and use then it is your responsibility to read and comply with the licence.

  2. Use of any other content on this site which is not explicitly licenced is governed by … take your pick of Creative Commons licence from https://creativecommons.org/licenses/ (or even the existing “Use licence” though I think the CC licences are better tested and understood).

Bob

···

On 2 November 2014 13:10, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi

and yes - while it does not really make sense to change our current LGPL license since DHIS 1.x is being phased out in any case, I think HISP-SA should/will largely use the same licenses as HISP-UiO for the future. Conceptually, there’s no significant difference from what I can see.

Regards

Calle

On 2 November 2014 15:07, Calle Hedberg calle.hedberg@gmail.com wrote:

Bob/Than,

A bit amusing that you do find stuff like that. probably just reflect that different people think differently, and that we have never had a lawyer-type going through all of it and streamline.

Conceptually, my understanding has always been that all our software and materials are free for people to download, re-distribute, and modify - as long as the original license etc follows it, and as long as people are not ABUSING it for commercial gain (as in selling the software to somebody who does not know it’s FOSS - strange, but that kind of thing CAN happen just like e.g. a student or an author might copycat materials and present them as his/her own).

That said, my (limited) understanding of the law is that in order for you to enforce such a license, you HAVE to establish COPYRIGHT over said software and materials. So you are basically saying that “this software/materials is OUR copyright because we have developed them - and we choose to allow anybody to download them, use them, re-distribute them, and use them for further development”

Conceptually very similar to the historic standards for any scientific publication - all use are encouraged EXCEPT that of copy-cat-ing (presenting it as your own), including attempting to disprove the content.

Regards

Calle


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 2 November 2014 14:35, Bob Jolliffe bobjolliffe@gmail.com wrote:

Hi Calle

Thanks for clarification.

But I think maybe you still could fix this on the terms of use page on the website, which doesn’t indicate anything about LGPL at all. It seems to me that you could change those terms to apply to the non-software materials on the website, if that is really your intent. Again something like a creative commons licence might be easier than making up all these terms yourselves. Then maybe just indicate the software licence(s) on the downloads page. This would be clearer.

We have all our (dhis2.org) documentation released under a GNU Free documentation licence.

Ahhhhhhh. I just noticed that the dhis2.org also has exactly the same dreaded “terms of use” page : https://www.dhis2.org/termsofuse. Have no idea where that came from. That is confusing and should be changed.

Bob


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 21:08, Calle Hedberg calle.hedberg@gmail.com wrote:

Hi,

We’ve always used the so called “Lesser GPL” license for 1.x version of the DHIS - this also allows any type of derivate software (including commercial ones) AS LONG AS THE ORIGINAL SOFTWARE REMAIN FOSS AND THE ORIGINAL SOFTWARE IS PACKAGED WITH THE LICENSE.

So the reference to “cannot be used for commercial purposes” refers to the original software, not significant derivatives. We’ve never had a problem with any commercial entity trying to “hi-jack” the software, though, and I think it is a very unlikely scenario - and even less likely with DHIS2 because by now every potential customer/user knows it’s FOSS.

What IS possible at some stage is that a commercial software company would develop some sophisticated add-on package and sell that - we’ve seen a number of those with e.g. PostgreSQL, for instance. And we don’t have a problem with that.

Regards

Calle

On 1 November 2014 18:41, Bob Jolliffe bobjolliffe@gmail.com wrote:

Agree this is a bit confusing. I am assuming you read this here: http://hisp.org/html/policies.htm#terms

This is actually the HISP South Africa web site and it looks like these are conditions which they are applying to the dhis 1.4 software. Given that they now also support v2 they should really update this. I think it reflects some previous reality.

It has no effect on the dhis2 software which you download from dhis2.org.


Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp


Calle Hedberg

46D Alma Road, 7700 Rosebank, SOUTH AFRICA

Tel/fax (home): +27-21-685-6472

Cell: +27-82-853-5352

Iridium SatPhone: +8816-315-19274

Email: calle.hedberg@gmail.com

Skype: calle_hedberg


On 1 November 2014 16:22, Ngoc Thanh Nguyen thanh.hispvietnam@gmail.com wrote:

Hi all

DHIS2 is licensed as BSD which means that one can customize, redistribute, and use it for any purposes (commercial or non-commercial) given that the BSD copyright text are retained.

However, in HISP website it says that materials (include software) on the website can not be used for commercial or non-commercial purpose.

Is it a conflict?

  1. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HISP’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on HISP’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

Mailing list: https://launchpad.net/~dhis2-devs

Post to : dhis2-devs@lists.launchpad.net

Unsubscribe : https://launchpad.net/~dhis2-devs

More help : https://help.launchpad.net/ListHelp

Hi,

the terms of use page was intended solely for the web site content on
dhis2.org and not the DHIS 2 software.

I can see it being confusing and I think its a good idea to put a
clarification on top of that page like you say. I have taken out the use of
"software" and put in a statement saying "not applicable to the DHIS 2
software" under license.

I think we need to keep the terms of use page - without it we could find
another organisation scraping our web site and put it up as their own,
without violating any defined terms.

Lars

Hi all,

I will also be updating the hisp.org site accordingly.

Kind Regards,

Jason Phillips

hisp

Software ** & Information Systems****
Health Information Systems Program**-------------------------------------------------------------

eMail:

jason@hisp.org

Landline:

+27 21 712 0170

Mobile:

+27 72 973 7250

Skype:

jason.n.phillips

This message and any attachments are subject to a disclaimer published at http://www.hisp.org/html/policies.htm#eMail. Please read the disclaimer before opening any attachment or taking any other action in terms of this electronic transmission. If you cannot access the disclaimer, kindly send an email to disclaimer@hisp.org and a copy will be provided to you. By replying to this e-mail or opening any attachment you agree to be bound by the provisions of the disclaimer.

···

From: Lars Helge Øverland [mailto:larshelge@gmail.com]
Sent: 02 November 2014 06:22 PM
To: Bob Jolliffe
Cc: Calle Hedberg; DHIS 2 Users list; Jason Phillips; dhis2-devs
Subject: Re: [Dhis2-devs] Confusing Use license on dhis2 website

Hi,

the terms of use page was intended solely for the web site content on dhis2.org and not the DHIS 2 software.

I can see it being confusing and I think its a good idea to put a clarification on top of that page like you say. I have taken out the use of “software” and put in a statement saying “not applicable to the DHIS 2 software” under license.

I think we need to keep the terms of use page - without it we could find another organisation scraping our web site and put it up as their own, without violating any defined terms.

Lars