Really Dual-Licensing (Apache AND GPL-3.0) ?

[Sebastian22-coding]

Hi,

in the https://github.com/apache/poi/blob/REL_5_4_1/poi-scratchpad/src/main/resources/org/apache/poi/hdgf/chunks_parse_cmds.tbl, the header states:

This is licensed under Apache AND GPL 3.0.

This wording is unclear. It could mean the software is available either under the Apache License or under GPL 3.0 (dual licensing, “or”), or it could be read as requiring compliance with both licenses at the same time (“and”), which would not make much legal sense.

Could you please clarify which interpretation is intended?

Thank you very much.

[pjfanning]

This is standard way to say that a file or group of files are licensed using multiple licenses. You get to choose to use the code under whichever of the licenses suit your needs best.

[Sebastian22-coding]

Thank you for answering. Are you the copyright owner of this part of the code?
The SPDX way to express a license choice is "or"; "and" indicates the simultaneous application of more than one licence (https://spdx.github.io/spdx-spec/v3.0.1/annexes/spdx-license-expressions/).

Thank you again

[pjfanning]

@Sebastian22-coding please consult your own legal representative. I am not a lawyer.
Feel free to choose not to use POI if you are concerned. There are other libs out there.

[Sebastian22-coding]

@pjfanning Thank you for the recommendation. That is precisely the basis on which I am asking. The lawyers say that in cases of legal uncertainty, the person who chose this licensing should be asked.
However, I appreciate your answers and would be very pleased if a copyright owner could help here.

[xzel23]

@Sebastian22-coding The comment states that the code is dual licensed, so you have to comply with either the Apache license or the GPL-V3. Some clauses of GPL-v3 and ASL-2 are incompatible with each other when applied at the same time, which means you can only comply with one of the two licenses, I fail to see how this could be interpreted in any other way.

Note that you can use ASL-2 licensed code in a GPL-V3 project (not the other way around), but that's another issue.