I wanted to give you an update on my previous email regarding the
licensing requirements for the Windows Exporter project. I have opened a
license exception request with the CNCF, which can be found at the
following link:

https://github.com/cncf/foundation/issues/514

I will keep you all updated on any developments with this request.

On 22 Dec 09:33, Stuart Clark wrote:
> On 2022-12-22 09:09, Ben Kochie wrote:
> > It was my understanding that license changes, can be done by the
> > copyright holder, without consent of all contributors. Because they do
> > not hold any copyright to the code. IIRC this is how Grafana was able
> > to relicense from Apache to AGPL. They did not need to get consent
> > from all contributors.
> > 
> > Of course, old versions are subject to the old license, but moving
> > from prometheus-community to prometheus would effectively be a fork.
> > 
> > In this case we could do it with permission from the original author
> > as stated in the LICENSE file.
> > 
> 
> You are correct in saying that it is the copyright owner(s) who have to
> agree to any license changes.
> 
> However by default if you contribute something to a project you are now one
> of the copyright owners (only to your contributed code, not the whole
> thing). The original owner is nothing special (other than possibly being the
> largest owner, because there might be more of their code than anyone else).
> 
> The only way around this (which I assume Grafana did, and other projects
> require) is when contributing you sign a copyright transfer agreement - that
> way legally the person/organisation the contributors transferred ownership
> to is the only owner, and they have the right to do anything they wanted
> (including using the code commercially or making everything closed source).
> 
> So if this happened, and there is a record of signed copyright transfers the
> license could be changed just by the agreement of the one owner. Presumably
> however that isn't the case, and therefore it isn't possible.
> 
> Another option which has been used in other projects (such as the Linux
> kernel for code that was found to not be correctly licensed [contributed by
> someone who didn't have the rights to do so]) is to remove that code &
> rewrite it (although you have to be careful that is is done 'cleanly' to
> stop claims that you just copied that bad code). At that point the
> contributor's code is no more, so no permission is then needed. If 95% of
> existing contributors agreed to relicense and/or assign copyright but there
> was 5% who didn't agree or couldn't be contacted that would potentially be
> an option - of course it could be very difficult/impossible if the remaining
> code was something really core.
> 
> -- 
> Stuart Clark
> 
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-- 
Julien Pivotto
@roidelapluie

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