New license request: AdditionRef-Dart [SPDX-Online-Tools]

[solomoncyj]

1. License Name: Dart Additional IP Rights Grant
2. Short identifier: AdditionRef-Dart
3. License Author or steward: Google
4. Comments: This execprion is to be used togeter with the BSD-3-Clause already present in the project
5. License Request Url: http://tools.spdx.org/app/license_requests/401
6. URL(s): https://raw.githubusercontent.com/dart-lang/sdk/refs/heads/main/PATENT_GRANT
7. OSI Status: Not Submitted
8. Example Projects: https://raw.githubusercontent.com/dart-lang/sdk

[xsuchy]

For the record, this was discussed in Fedora at https://gitlab.com/fedora/legal/fedora-license-data/-/issues/583 that has additional information.

Full license text for you convenience

Additional IP Rights Grant (Patents)

"This implementation" means the copyrightable works distributed by
Google as part of the Dart Project.

Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell,
import, transfer, and otherwise run, modify and propagate the contents
of this implementation of Dart, where such license applies only to
those patent claims, both currently owned by Google and acquired in
the future, licensable by Google that are necessarily infringed by
this implementation of Dart. This grant does not include claims that
would be infringed only as a consequence of further modification of
this implementation. If you or your agent or exclusive licensee
institute or order or agree to the institution of patent litigation
against any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that this implementation of Dart or any code
incorporated within this implementation of Dart constitutes direct or
contributory patent infringement, or inducement of patent
infringement, then any patent rights granted to you under this License
for this implementation of Dart shall terminate as of the date such
litigation is filed.

[richardfontana]

The reason for the 'AdditionRef-' in the name is that I initially was going to suggest we not bother with applying for an SPDX identifier because of what I had thought was SPDX's preference to avoid dealing with things like this (i.e. supplementing standard open source licenses with patent license grants presented in separate files). So I told @solomoncyj we could just create a Fedora-defined AdditionRef- for the "Additional IP Rights grant". However, in another issue @jlovejoy indicated that it was appropriate to submit something like this to SPDX.

[richardfontana]

SPDX might want to see whether the several known Google-maintained-project uses of things like this (off the top of my head, including Golang, Dart, WebM, WebRTC?) are close enough that a single identifier (or exception identifier) would be suitable, assuming SPDX wants to entertain this at all. Whether something like this fits with SPDX's standards for exceptions is not immediately clear to me.

[swinslow]

@solomoncyj (sorry! gave wrong credit at first) thanks for submitting, and @richardfontana thanks for the additional context.

I recall looking into these a few years ago, at #646. My recollection is (1) there's a bunch of variants Google has used that are close but not quite the same, as @richardfontana suggested; and (2) we decided at the time to err on the side of "maybe these aren't really valid as exceptions." I'm still unsure how I feel about that, but open to revisiting it.