Eclipse Public License
History of eclipse public license
The Eclipse Public License began life in 1999 within the IBM Corporation as the IBM Public License (IPL). IBM were ready to release open source code, but they felt that they needed to draft their own new licence to meet their specific needs. Unfortunately the IPL named IBM Corporation as the licensor of code that it covered, means that it could not easily be reused by others to cover code their own code. As a result, when IBM came to create a revised version of their licence in 2001,they generalised the terms to remove direct reference to themselves and renamed it the Common Public License (CPL). IBM released their software development platform Eclipse under the CPL in 2001, and at the same time formed a consortium of interested technology companies around the platform including themselves, Borland, SuSE and Red Hat.
By 2003 this association had expanded to include over 50 members, and it was decided that the Eclipse platform needed its own legal entity to manage code contributions coming from so many disparate sources. In addition the CPL was revised in two ways to ease the establishment of the Foundation.
The Eclipse Public License (EPL) is an open source software license used by the Eclipse Foundation for its software. It replaces the Common Public License (CPL) and removes certain terms relating to litigations related to patents.
The Eclipse Public License is designed to be a business-friendly free software license, and features weaker copyleft provisions than licenses such as the GNU General Public License (GPL). The receiver of EPL-licensed programs can use, modify, copy and distribute the work and modified versions, in some cases being obligated to release their own changes.
This section's factual accuracy may be compromised due to out-of-date information. (December 2015)
The EPL 1.0 is not compatible with the GPL, and a work created by combining a work licensed under the GPL with a work licensed under the EPL cannot be lawfully distributed. The GPL requires that "[any distributed work] that ... contains or is derived from the [GPL-licensed] Program ... be licensed as a whole ... under the terms of [the GPL]", and that the distributor not "impose any further restrictions on the recipients' exercise of the rights granted". The EPL, however, requires that anyone distributing the work grant every recipient a license to any patents that they might hold that cover the modifications they have made. Because this is a "further restriction" on the recipients, distribution of such a combined work does not satisfy the GPL.
According to article 1(b) of the EPL, additions to the original work may be licensed independently, including under a proprietary license, provided such additions are "separate modules of software" and do not constitute a derivative work. Changes and additions which do constitute a derivative work must be licensed under the same terms and conditions of the EPL, which includes the requirement to make source code available.
If a new version of the EPL is published the user/contributor can choose to distribute the software under the version with which he or she received it or upgrade to the new version.
Comparison with the CPL
- The Eclipse Foundation replaces IBM as the Agreement Steward in the EPL
- The EPL patent clause is revised by deleting the sentence from section 7 of the CPL
The Eclipse Foundation sought permission from contributors to re-licence their CPL code under the EPL.
Version 2.0 of the Eclipse Public License (SPDX code EPL-2.0) was announced on 24 August 2017. The Eclipse Foundation maintains an FAQ. The FSF has analyzed the license in relation to GPL license compatibility and added it to their official list. The bare license notice is available in several formats, including plain text.
In terms of GPL compatibility, the new license allows the initial contributor to a new project to opt in to a secondary license that provides explicit compatibility with the GNU General Public License version 2.0, or any later version. If this optional designation is absent, then the Eclipse license remains source incompatible with the GPL (any version).
Other changes include:
- the license now applies to "files" not "modules"
- the new license is international because the choice of law provision has been removed
The Eclipse Foundation advises that version 1.0 is deprecated and that projects should migrate to version 2.0. Relicensing is a straightforward matter and does not require the consent of all contributors, past and present. Rather, the version 1.0 license allows a project (preferably after forming a consensus) to adopt any new version by simply updating the relevant file headers and license notices.:§ 3
In addition to the Eclipse Foundation, the EPL is used in some other projects, especially those running on the Java virtual machine.
Licensed solely under the EPL
Multi-licensed under the EPL and one or more other licenses
- In section 7, this sentence is in CPL 1.0, but not EPL 1.0: "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."
- "Open Source Software: a legal guide | LawGives". LawGives. Retrieved 2015-09-08.
- "Eclipse Public License - v 1.0". Retrieved 2006-09-12.
- "OSI approval". Retrieved 2007-06-21.
- "Various Licenses and Comments about Them". Retrieved 2016-06-03.
- "Community Review of the Eclipse Public License". 2013-05-31.
- "Eclipse Public License (EPL) Frequently Asked Questions". Retrieved 2009-12-18.
- "CPL to EPL Transition Plan" (PDF). 2006-09-12.
- "CPL To EPL Transition Plan Frequently Asked Questions". Retrieved 21 December 2015.
- Beaton, Wayne. "Eclipse Public License 2.0 FAQ". Eclipse Foundation. Ottawa, Canada. Retrieved 2017-10-20.
- Robertson, Donald (17 October 2017). "Eclipse Public License version 2.0 added to license list". Free Software Foundation. Retrieved 2017-10-20.
- Eclipse Public License — v 2.0 (TXT). Ottawa, Canada: Eclipse Foundation. 2017. Retrieved 2017-10-20.
- http://www.opendaylight.org/resources/faq#5 Archived 2014-04-29 at the Wayback Machine.
- "jruby/COPYING at master - jruby/jruby". GitHub. 2014-01-01. Retrieved 2014-02-11.