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Re: [ba-unrev-talk] GPL? - Case-by-Case

Thanks. That analysis extends my understanding considerably.    (01)

So what license arrangement(s) do you favor, anyway, and how
do they differ from GPL.    (02)

(Note: Apologies to all for whom this discussion is old hat. I'm
just getting a bit of a handle on it now, at this late date.)    (03)

"Dennis E. Hamilton" wrote:    (04)

> Hmm, here's a blow by blow case by case based on my understanding.
> -- Dennis
> -----Original Message-----
> From: owner-ba-unrev-talk@bootstrap.org
> [mailto:owner-ba-unrev-talk@bootstrap.org]On Behalf Of Eric Armstrong
> Sent: Monday, September 30, 2002 13:27
> To: ba-unrev-talk@bootstrap.org
> Subject: Re: [ba-unrev-talk] GPL?
> [ ... ]
> Scenario:
>   Label: Part of
>   Situation: A GPL word processor and spreadsheet are available
>                  separately, for free. An entrepreneur puts them both
>                  together into a single downloadable package, and
>                  charges for it.
> <orcnote: Packaging.  The distro must carry the licenses still, and if the
> distro is of just the binaries there must be some prominent way of knowing
> that the source is available and how to get it.  Other than that, there is
> nothing prohibited here in terms of the GPL.  It is a redistribution, with
> packaging. />
> Scenario:
>    Label: Part of, with improvements
>    Situation: As above, only the entrepreneur uses the keystroke
>                   definition facility to create a common interface for the
>                   individual packages.
> <orcnote: The question is whether or not the definitions, macros, scripts or
> whatever constitute a derivative work.  Then that would have to be GPL'd
> too.  Prudent behavior: Just include the keystroke definitions and how it
> was done in the bundle along with the licenses and links to the sources of
> the bundled packages. />
> Scenario:
>     Label: Constructed with
>     Situation: A GPL tree library is used in the construction of a
>                    knowledge repository.
> <orcnote: The output produced by the GNU version of CAT or MORE or MySQL is
> not subject to the GPL.  However, if there were software that included the
> library, and the library was GPLd and not LGPLd, there is an ostensible
> claim that the product must be GPL'd.  Not the repository content, but the
> repository software, just to be clear.  Prudent behavior: Avoid all doubt.
> Use a different library or, if possible, negotiate a different license with
> the copyright holder to permit incorporation in a proprietary solution. />
> Scenario:
>     Label: Constructed with, after modification
>     Situation: A GPL tree library is heavily hacked and modified, and
>                    then used in the construction of a knowledge repository.
> <orcnote: Under either GPL or LGPL the hacked and modified tree library is a
> derivative work and should be made available on that basis.  For impact on
> the knowledge repository, see previous case,above. />
> I don't see anything wrong with someone adding a charge, in these
> scenarios. One can even see could that could come of it, in each
> case. (In the first example, the ability to market the items could
> greatly hasten the adoption curve.)
> <orcnote: There is nothing to prevent charges.  However the GPL means the
> purchasers are able to redistribute the GPL'd part, with source, without any
> restriction by you. />
> So I wonder what the GPL aficianados will have to say...
> <orcnote: I don't know if I qualify here.  It is not my license of choice.
> I have addressed what I believe the license requires, when used and when
> GPL-licensed works are used and modified.  It is a different matter to ask a
> GPL-adherent how they think software should be provided and what their
> agendas are.  />
> <orcnote: The key thing about the GPL as well as open-source license is that
> it does not exercise any right that is not the exclusive right of a
> copyright holder *already*.  If someone claims a valid copyright on a work,
> you, even as an owner of a purchased copy, may not legally create a
> derivative work without the express permission of the copyright holder.  The
> GPL, and OSI-acceptable open-source licenses basically provide, in advance,
> a non-exclusive, perpetual license to make derivative works under specific
> conditions.  If you don't like the conditions, you are no worse off than
> with any commercial package that you bought, as far as copyright is
> concerned.  So what you need to get your head around is that it is already
> unlawful to make derivative works of copyright-protected subject matter
> without a license.  Although more than copyright is involved, read the
> licenses that your nearest software company uses concerning, for example,
> the reuse and redistribution of library code, of sample code provided with
> compilers, etc. />
> -- orcmid (who really loves this cyber-lawyer stuff)    (05)