blob: 2f4cf3fce4d914c7d6e8e4bea565669efd46bf4b [file] [log] [blame]
<?php
/**************************************************************************
* Copyright (c) 2005,2017 Eclipse Foundation and others.
*
* This program and the accompanying materials are made available
* under the terms of the Eclipse Public License 2.0 which accompanies
* this distribution, and is available at http://eclipse.org/legal/epl-2.0
**************************************************************************/
require_once ($_SERVER['DOCUMENT_ROOT'] . "/eclipse.org-common/system/app.class.php");
require_once ($_SERVER['DOCUMENT_ROOT'] . "/eclipse.org-common/system/nav.class.php");
require_once ($_SERVER['DOCUMENT_ROOT'] . "/eclipse.org-common/system/menu.class.php");
$App = new App();
$Nav = new Nav();
$Menu = new Menu();
include ($App->getProjectCommon());
$pageTitle = "Eclipse Public License 1.0 (EPL) Frequently Asked Questions";
$pageKeywords = "epl, cpl, legal, faq, foundation, eclipse, license, licenses";
$pageAuthor = "Mike Milinkovich, Nov. 21, 2005";
ob_start();
?>
<div id="midcolumn">
<h1><?php echo $pageTitle; ?></h1>
<p>
<strong>Please see the <a
href="https://www.eclipse.org/org/documents/epl-2.0/faq.php">Eclipse
Public License 2.0 FAQ</a>.
</strong>
</p>
<p>
<strong>For informational purposes only.</strong>
</p>
<p>
This FAQ attempts to provide answers to commonly asked questions
related to <em>the <a href="../org/documents/epl-v10.php">Eclipse
Public License 1.0 (EPL)</a></em>. It is provided for informational
purposes only. It is not part of, nor does it modify, amend, or
supplement the terms of the EPL. The EPL is a legal agreement that
governs the rights granted to material licensed under it, so please
read it carefully. If there is any conflict between this FAQ and the
EPL, the terms of the EPL shall govern. This FAQ should not be
regarded as legal advice. If you need legal advice, you must contact
your own lawyer.
</p>
<div class="homeitem3col">
<h3>Table of Contents</h3>
<ol>
<li><a href="#CPLEPL">What is the relationship between the CPL and
the EPL 1.0?</a></li>
<li><a href="#WHYEPL">Why was the EPL 1.0 written?</a></li>
<li><a href="#EPLDIFFER">Specifically how does the EPL 1.0 differ
from the CPL?</a></li>
<li><a href="#EPLVERSION">What is the latest version of the EPL</a></li>
<li><a href="#MEMAPPROVE">Do all Eclipse Foundation members approve
of the EPL?</a></li>
<li><a href="#TRANSITION">How and when will the Eclipse Foundation
transition from the CPL to the EPL 1.0?</a></li>
<li><a href="#EPLOSI">Is the EPL approved by the Open Source
Initiative (OSI)?</a></li>
<li><a href="#LICAPP">What is required for OSI license approval?</a></li>
<li><a href="#BUSADVOS">What are the business advantages of the Open
Source model?</a></li>
<li><a href="#TECHADVOS">What are the technical advantages of the
Open Source model?</a></li>
<li><a href="#PARTIESEPL">How are the parties defined in the EPL 1.0?</a></li>
<li><a href="#ANONCONTR">Can a Contributor remain anonymous?</a></li>
<li><a href="#RECRIGHTS">What rights do Contributors grant Recipients
under EPL 1.0?</a></li>
<li><a href="#USEINANOTHER">Does the EPL 1.0 allow me to take the
Source Code for a Program licensed under it and include all or part
of it in another program licensed under the GPL, BSD license or
other Open Source license?</a></li>
<li><a href="#COMPILEWOMOD">Can I take a Program licensed under the
EPL 1.0, compile it without modification, and commercially license
the result?</a></li>
<li><a href="#SOURCEWOBJ">Do I need to include the source code for
such Program with the object code distribution?</a></li>
<li><a href="#PROPPROD">When I incorporate a portion of a Program
licensed under the EPL 1.0 into my own proprietary product
distributed in object code form, can I use a single license for the
full product, in other words, covering the portion of the Program
plus my own code?</a></li>
<li><a href="#AGREESTEWARD">The EPL states that it can be changed by
the Agreement Steward. Does a Contributor have the choice of
redistributing a previously distributed Program under the old or
the new version of the EPL?</a></li>
<li><a href="#MODNODIST">If I modify a Program licensed under the
EPL, but never distribute it to anyone else, do I have to make my
modifications available to others?</a></li>
<li><a href="#MODDIST">If I modify a Program licensed under the EPL
and distribute the object code of the modified Program for free,
must I make the source code available?</a></li>
<li><a href="#MODULEDIST">If I write a module to add to a Program
licensed under the EPL and distribute the object code of the module
along with the rest of the Program, must I make the source code to
my module available in accordance with the terms of the EPL?</a></li>
<li><a href="#SRCREDIST">What are my obligations if I copy source
code obtained from Eclipse.org and licensed under the Eclipse
Public License and include it in my product that I then distribute?</a></li>
<li><a href="#EPLWARRANTY">Does the EPL offer any warranty with
regard to the Program?</a></li>
<li><a href="#GETANSWER">This document does not have the answer to my
question. How can I get my question answered?</a></li>
<li><a href="#DERIV">Some open source software communities specify
what they mean by a &quot;derivative work&quot;. Does the Eclipse
Foundation have a position on this?</a></li>
<li><a href="#LINK">Some free software communities say that linking
to their code automatically means that your program is a derivative
work. Is this the position of the Eclipse Foundation?</a></li>
<li><a href="#EXAMPLE">I&lsquo;m a programmer not a lawyer, can you
give me a clear cut example of when something is or is not a
derivative work?</a></li>
<li><a href="#USEEPL">I am starting my own open source software
project. Does the Eclipse Foundation allow me to use the EPL for my
project?</a></li>
<li><a href="#CODEGEN">Many Eclipse tools and wizards use code
templates which are included in the application that is generated.
Is the code generated by these tools considered a derivative work
that must be licensed under the EPL?</a></li>
<li><a href="#3RDPARTY">What licenses are acceptable for third-party
code redistributed by Eclipse projects?</a></li>
<li><a href="#OSICOMPLIANT">Is an OSI-compliant license a requirement
for all third-party code redistributed by Eclipse projects?</a></li>
<li><a href="#GPLCOMPATIBLE">Are the Eclipse Public License (EPL) 1.0
and the General Public License (GPL) compatible?</a></li>
<li><a href="#DUALLIC">For dual-licensed projects, which license
terms apply?</a></li>
</ol>
</div>
<h3>Frequently Asked Questions</h3>
</blockquote>
<ol>
<li><strong><a name="CPLEPL">What is the relationship between
IBM&rsquo;s Common Public License (CPL) and the Eclipse Public
License 1.0 (EPL)?</a></strong><br /> </b>The Eclipse SDK codebase was
originally distributed under the CPL. The EPL 1.0 was derived from <a
href="http://www-128.ibm.com/developerworks/library/os-cpl.html"
target="_blank">CPL version 1.0</a>. As a result, much of the
information provided in the <a
href="http://www.ibm.com/developerworks/opensource/library/os-cplfaq/index.html"
target="_blank">Common Public License (CPL) Frequently Asked
Questions</a> document is relevant to the EPL, as well. The purpose
of this FAQ is to highlight the differences.<br /> <br /></li>
<li><strong><a name="WHYEPL">Why was the EPL 1.0 written?</a></strong><br />
The EPL 1.0 was written specifically for the <a href="../org/"
target="_top">Eclipse Foundation</a>. First, it changes the Agreement
Steward, formerly IBM for the CPL, to now be the Eclipse Foundation
for the EPL. Second, it addresses concerns some Eclipse Foundation
members had with how the CPL deals with possible patent litigation.<br />
<br /></li>
<li><strong><a name="EPLDIFFER">Specifically how does the EPL 1.0
differ from the CPL?</a><br /> </strong>Section 7 of the CPL
contained the following language:<br /> <br /> <em>&quot;If Recipient
institutes patent litigation against a Contributor with respect to a
patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate
as of the date such litigation is filed. In addition, if Recipient
institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient&rsquo;s patent(s), then such
Recipient&rsquo;s rights granted under Section 2(b) shall terminate
as of the date such litigation is filed.&quot;<br /> <br />
</em> The first sentence was removed in the EPL 1.0. Many members and
prospective members believed that the first sentence was overly broad
and viewed it as an inhibitor to the continued growth of the Eclipse
eco-system. The second sentence remains unchanged in the EPL 1.0.<br />
<br /> The current <a href="../org/documents/Eclipse_IP_Policy.pdf">Eclipse
Foundation Intellectual Property Policy</a> further clarifies the
general principles under which the Eclipse Foundation shall accept
contributions, license contributions, license materials owned by the
Eclipse Foundation, and manage other intellectual property matters.<br />
<br /></li>
<li><strong><a name="EPLVERSION">What is the latest version of the
EPL?</a><br /> </strong><a href="epl-2.0">Version 2.0</a> is the
latest version of the EPL. Please see the <a
href="https://www.eclipse.org/org/documents/epl-2.0/faq.php">Eclipse
Public License 2.0 FAQ</a>.<br /> <br /></li>
<li><strong><a name="MEMAPPROVE">Do all Eclipse Foundation members
approve of the EPL?</a><br /> </strong>Yes, the Eclipse Foundation
membership approved the EPL 1.0 unanimously. Future members must
agree to abide by the EPL and the Intellectual Property Policy as
part of joining the Eclipse Foundation and signing the <a
href="../org/documents/Eclipse%20MEMBERSHIP%20AGMT%202003_11_10%20Final.pdf">Eclipse
Foundation Membership Agreement</a>.<br /> <br /></li>
<li><strong><a name="TRANSITION">How and when will the Eclipse
Foundation transition from the CPL to the EPL 1.0?</a><br /> </strong>For
details, see the <a href="cpl2epl/CPL2EPLTransitionPlan.pdf">CPL to
EPL Transition Plan</a> (.pdf) and the <a
href="cpl2epl/cpl2eplfaq.php">CPL to EPL Transition Plan FAQ</a>.<br />
<br /></li>
<li><strong><a name="EPLOSI">Is the EPL approved by the Open Source
Initiative (OSI)?</a><br /></strong> Yes, the EPL has been
approved. Version 1.0 was approved in May 2004. See the complete <a
href="http://opensource.org/licenses/" target="_blank">list of
OSI-approved licenses</a>.<br /> <br /></li>
<li><strong><a name="LICAPP">What is required for OSI license
approval?</a><br /></strong> A license qualifies for OSI approval
if it conforms to the OSI&rsquo;s &quot;Open Source Definition&quot;
or &quot;OSD.&quot; The OSD covers nine topics of concern. Chief
among these is the requirement that a license not restrict any party
from selling or giving away the software. Further, the Program must
include source code, must allow distribution in source code as well
as compiled form, and must allow modifications and derived works.
Find more information on the <a
href="http://www.opensource.org/docs/definition.php" target="_blank">OSD</a>
at opensource.org.<br /> <br /></li>
<li><strong><a name="BUSADVOS">What are the business advantages of the
Open Source model?<br /></strong> </a>An Open Source community
provides a way for individuals and companies to collaborate on
projects that would be difficult to achieve on their own..<br /> <br />
</li>
<li><strong><a name="TECHADVOS">What are the technical advantages of
the Open Source model?</strong></a><br /> The Open Source model has
the technical advantage of turning users into potential
co-developers. With source code readily available, users will help
you debug quickly and promote rapid code enhancements. &quot;Given a
bit of encouragement, your users will diagnose problems, suggest
fixes, and help improve the code far more quickly than you could
unaided.&quot; (The Cathedral and the Bazaar, Eric Steven Raymond.
See <a href="http://tuxedo.org/~esr/writings/cathedral-bazaar/"
target="_blank">http://tuxedo.org/~esr/writings/cathedral-bazaar/</a>)<br />
<br /></li>
<li><strong><a name="PARTIESEPL">How are the parties defined in the
EPL 1.0?</strong></a><br /> There are two types of parties to the
EPL 1.0. They are &quot;Contributors&quot; and
&quot;Recipients.&quot; Contributors include an initial Contributor,
who is the person or entity that creates the initial code distributed
under the EPL 1.0, and subsequent Contributors, who originate changes
or additions to the code (the combination referred to as the
&quot;Program&quot;). Any person or entity that redistributes the
Program is also a Contributor. Recipients include anyone who receives
the Program under the EPL, including Contributors.<br /> <br /></li>
<li><strong><a name="ANONCONTR">Can a Contributor remain anonymous?</strong></a><br />
No. Except for those who simply redistribute the Program, each
Contributor must identify itself as the originator of its
Contribution in a way that later Recipients will be able to readily
see.<br /> <br /></li>
<li><strong><a name="RECRIGHTS">What rights do Contributors grant
Recipients under EPL?</strong></a><br /> Contributors license
Recipients under the rights that they have in their Contributions.<br />
<br /></li>
<li><strong><a name="USEINANOTHER">Does the EPL allow me to take the
Source Code for a Program licensed under it and include all or part
of it in another program licensed under the GNU General Public
License (GPL), Berkeley Software Distribution (BSD) license or
other Open Source license?</strong></a><br /> No. Only the owner of
software can decide whether and how to license it to others.
Contributors to a Program licensed under the EPL understand that
source code for the Program will be made available under the terms of
the EPL. Unless you are the owner of the software or have received
permission from the owner, you are not authorized to apply the terms
of another license to the Program by including it in a program
licensed under another Open Source license.<br /> <br /></li>
<li><strong><a name="COMPILEWOMOD">Can I take a Program licensed under
the EPL, compile it without modification, and commercially license
the result?</strong></a><br /> Yes. You may compile a Program
licensed under the EPL without modification and commercially license
the result in accordance with the terms of the EPL.<br /> <br /></li>
<li><strong><a name="SOURCEWOBJ">Do I need to include the source code
for such Program with the object code distribution?</strong></a><br />
No. But you do need to include a statement that the source code is
available from you and information on how to obtain it.<br /> <br />
</font></li>
<li><strong><a name="PROPPROD">When I incorporate a portion of a
Program licensed under the EPL into my own proprietary product
distributed in object code form, can I use a single license for the
full product, in other words, covering the portion of the Program
plus my own code?</strong></a><br /> Yes. The object code for the
product may be distributed under a single license as long as it
references the EPL portion and complies, for that portion, with the
terms of the EPL.<br /> <br /></li>
<li><strong><a name="AGREESTEWARD">The EPL states that it can be
changed by the Agreement Steward. Does a Contributor have the
choice of redistributing a previously distributed Program under the
old or the new version of the EPL?</strong></a><br /> While
Contributions are licensed under the version of the License under
which they are originally distributed, the EPL provides for the
ability of any Contributor to choose between that version or a later
version.<br /> <br /></li>
<li><strong><a name="MODNODIST">If I modify a Program licensed under
the EPL, but never distribute it to anyone else, do I have to make
my modifications available to others?</strong></a><br /> No. If you
do not distribute the modified Program, you do not have to make your
modifications available to others.<br /> <br /></li>
<li><strong><a name="MODDIST">If I modify a Program licensed under the
EPL and distribute the object code of the modified Program for
free, must I make the source code available?</strong></a><br />
Yes. By distributing the modified Program, even if it is only a free
version of the object code, you are obligated to make the source code
to the modified Program available to others.<br /> <br /></li>
<li><strong><a name="MODULEDIST">If I write a module to add to a
Program licensed under the EPL and distribute the object code of
the module along with the rest of the Program, must I make the
source code to my module available in accordance with the terms of
the EPL?</strong></a><br /> No, as long as the module is not a
derivative work of the Program.<br /> <br /></li>
<li><strong><a name="SRCREDIST">What are my obligations if I copy
source code obtained from Eclipse.org and licensed under the
Eclipse Public License and include it in my product that I then
distribute?</a></strong><br /> Source code licensed under the EPL
may only be redistributed under the EPL.<br /> <br /></li>
<li><strong><a name="EPLWARRANTY">Does the EPL offer any warranty with
regard to the Program?</strong></a><br /> No. The Program released
under the EPL is provided on an &quot;as is&quot; basis, without
warranties or conditions of any kind.<br /> <br /></li>
<li><strong><a name="GETANSWER">This document does not have the answer
to my question. How can I get my question answered?</a><br /> </strong>
You may want to check the <a href="legalfaq.php">Eclipse Foundation
Legal Frequently Asked Questions </a>document to see if your
question is answered there. If not, please send a note to the <a
href="mailto:license@eclipse.org">Eclipse Management Office</a> and
we will do our best to get back to you.<br /> <br /></li>
<li><strong><a name="DERIV">Some open source software communities
specify what they mean by a &quot;derivative work&quot;. Does the
Eclipse Foundation have a position on this?</a><br /></strong> As
described in article 1(b)(ii) of the Eclipse Public License,
&quot;...Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction with
the Program under their own license agreement, and (ii) are not
derivative works of the Program.&quot; The definition of derivative
work varies under the copyright laws of different jurisdictions. The
Eclipse Public License is governed under U.S. law. Under the U.S.
Copyright Act, a &quot;derivative work&quot; is defined as <em>&quot;...a
work based upon one or more preexisting works, such as a
translation, musical arrangement, dramatization, fictionalization,
motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which a work may be
recast, transformed, or adapted. A work consisting of editorial
revisions, annotations, elaborations, or other modifications which,
as a whole, represent an original work of authorship, is a
&quot;derivative work&quot;.&quot;</em> The Eclipse Foundation
interprets the term &quot;derivative work&quot; in a way that is
consistent with the definition in the U.S. Copyright Act, as
applicable to computer software. You will need to seek the advice of
your own legal counsel in deciding whether your program constitutes a
derivative work. <br /> <br /></li>
<li><strong><a name="LINK">Some free software communities say that
linking to their code automatically means that your program is a
derivative work. Is this the position of the Eclipse Foundation?</a><br /></strong>
No, the Eclipse Foundation interprets the term &quot;derivative
work&quot; in a way that is consistent with the definition in the
U.S. Copyright Act, as applicable to computer software. Therefore,
linking to Eclipse project code might or might not create a derivative work,
depending on all of the other facts and circumstances. <br /> <br />
</li>
<li><strong><a name="EXAMPLE">I&lsquo;m a programmer not a lawyer, can
you give me a clear cut example of when something is or is not a
derivative work?</a><br /></strong> If you have made a copy of
existing Eclipse code and made a few minor revisions to it, that is a
derivative work. If you&quot;ve written your own Eclipse Platform
Plug-in with 100% your own code to implement functionality not
currently in Eclipse, then it is not a derivative work. Scenarios
between those two extremes will require you to seek the advice of
your own legal counsel in deciding whether your program constitutes a
derivative work.<br /> <br /> For clarity, merely interfacing or
interoperating with Eclipse Platform Plug-in APIs (without
modification) does not make an Eclipse Platform Plug-in a derivative
work.<br /> <br /></li>
<li><strong><a name="USEEPL">I am starting my own open source software
project. Does the Eclipse Foundation allow me to use the EPL for my
project?</a><br /></strong> Yes. The EPL is an OSI-approved open
source license and may be used unaltered by projects regardless of
where they are hosted.<br /> <br /></li>
<li><strong><a name="CODEGEN">Many Eclipse tools and wizards use code
templates which are included in the application that is generated.
Is the code generated by these tools considered a derivative work
that must be licensed under the EPL?</a><br /></strong>
Unfortunately, there is no clear answer to this question. To the
extent that the code generated by a wizard is purely functional in
nature and therefore not the proper subject matter for copyright
protection, it could be argued that it is not subject to copyright
protection, and therefore is not a derivative work. An example of
that type of code would include calls to APIs or other technical
instructions which are dictated by functional or technical
requirements. Moreover, to the extent the generated code is a very
small part of the final overall work, there is an argument that such
use would be di minimus, and the final product or application should
not be considered to be a derivative work. Finally, to the extent
developers who use the generated code make many changes and additions
to the code, there is also an argument that the resultant application
is not a derivative work. Of course, these are just arguments and not
"bright line" tests, and therefore each position could be subject to
differing viewpoints. The Eclipse Foundation cannot take a position on this issue,
as it will ultimately be a question of the facts and circumstances
associated with a particular use.<br /> <br /></li>
<li><strong><a name="3RDPARTY">What licenses are acceptable for
third-party code redistributed by Eclipse projects?</a><br /></strong>
The Eclipse Foundation views license compatibility through the lens of enabling
successful commercial adoption of Eclipse technology in software
products and services. We wish to create a commercial ecosystem based
on the redistribution of Eclipse software technologies in
commercially licensed software products. Determining whether a
license for third-party code is acceptable often requires the input
and advice of The Eclipse Foundation&rsquo;s legal advisors.<br /> <br />Please see
our <a href="http://www.eclipse.org/legal/licenses.php">list of the
most common licenses</a> approved for use by third-party code
redistributed by Eclipse Foundation Projects. This list is not
exhaustive. If you have any questions, please contact <a
href="mailto:license@eclipse.org">license@eclipse.org</a>.<br /> <br /></li>
<li><strong><a name="OSICOMPLIANT">Is an OSI-compliant license a
requirement for all third-party code redistributed by Eclipse
projects?</a><br /></strong> The Eclipse Foundation fully supports the Open Source
Initiative&rsquo;s certification of open source licenses, and the
Eclipse Public License is certified as such. However, there are
licenses for software content which meet The Eclipse Foundation&rsquo;s requirements
for compatibility with the EPL and downstream commercial
re-distribution that are not OSI certified, and Eclipse projects may
make use of such licenses after review and approval by the Eclipse
Foundation.<br /> <br /> The reverse is also true: there are
OSI-compliant licenses are not compatible with the EPL or do not
permit downstream commercial re-distribution. Such licenses are not
used by Eclipse projects.<br /> <br /></li>
<li><strong><a name="GPLCOMPATIBLE">Are the Eclipse Public License
(EPL) 1.0 and the General Public License (GPL) compatible?</a><br /></strong>
The EPL 1.0 and the GPL are not compatible in any combination where
the result would be considered either: (a) a &quot;derivative
work&quot; (which The Eclipse Foundation interprets consistent with the definition
of that term in the U.S. Copyright Act ) or (b) a work &quot;based
on&quot; the GPL code, as that phrase is used in the <a
href="http://www.gnu.org/licenses/old-licenses/gpl-2.0.html">GPLv2</a>,
<a href="http://www.fsf.org/licensing/licenses/gpl.html">GPLv3</a> or
the <a href="http://www.fsf.org/licensing/licenses/gpl-faq.html">GPL
FAQ</a> as applicable. Further, you may not combine EPL 1.0 and GPL
code in any scenario where source code under those licenses are both
the same source code module.<br /> <br /> Based upon the <a
href="http://www.fsf.org/licensing/licenses/">position</a> of the
Free Software Foundation, you may not combine EPL 1.0 and GPL code in
any scenario where linking exists between code made available under
those licenses. The above applies to both GPL version 2 and GPL
version 3.<br /> <br /></li>
<li><strong><a name="DUALLIC">For Eclipse projects which are
dual-licensed, your file headers state that the code is being made
available under two licenses. For example: "This program and the
accompanying materials are made available under the terms of the
Eclipse Public License v1.0 and Eclipse Distribution License v. 1.0
which accompanies this distribution." What is meant by the use of
the conjunction "and"?</a><br /></strong> The code is being made
available under both of the licenses. The consumer of the code can
select which license terms they wish to use, modify and/or further
distribute the code under.</li>
</ol>
</div>
<!-- remove the entire <div> tag to omit the right column! -->
<div id="rightcolumn">
<div class="sideitem">
<h6>Related Links</h6>
<ul>
<li><a href="legalfaq.php">Eclipse Legal FAQ</a></li>
<li><a href="epl/notice.php">Eclipse Software User Agreement</a></li>
</ul>
</div>
</div>
<?php
$html = ob_get_contents();
ob_end_clean();
$App->generatePage($theme, $Menu, $Nav, $pageAuthor, $pageKeywords, $pageTitle, $html);
?>