Dear David Roundy and darcs-devel:

One year ago I suggested that the copyright holders of darcs should add a
special exception to the license which would allow darcs to be combined with
Eclipse, SWT, and related code and redistributed, without allowing darcs to be
combined with proprietary code and redistributed.

http://www.abridgegame.org/pipermail/darcs-users/2005-June/007658.html

The discussion was heated and controversial, but in the end David Roundy wholly
supported the idea, but needed someone else to do the labor of contacting each
of the copyright holders and requesting permission from them.

An important point to bear in mind is that this exception to the darcs licence
would not make it so that people are allowed to combine proprietary source code
with darcs source code and redistribute the result.  The GPL forbids people
from combining GPL'ed source code with proprietary source code and
redistributing the resulting combined work, and this exception would do nothing
to weaken that constraint.  The only thing that this exception would do would
be to allow darcs source code to be combined and redistributed with other
other Free Software.


Now I am thinking about the unfortunate fact that darcs 1.0.7 cannot offer the
valuable new single-ssh-connection feature on Windows because putty -- the
Windows ssh client that darcs uses -- doesn't support the SSH ControlMaster
feature.

As the maintainer of the darcs package for Windows, which includes putty, I
would like to replace putty with OpenSSH (this will also require changing darcs
to invoke ssh in a more general way, or perhaps in a parameterized way).
However, OpenSSH depends upon OpenSSL and the license if OpenSSL is
incompatible with the GPL.

Combining darcs with OpenSSH in this way is arguably already allowed by the
respective licenses of darcs and OpenSSH, but:

a)  It depends upon interpreting this packaging of darcs as being "mere
aggregation" instead of being "a combined work", which is, well, open to
interpretation.

b)  This might change for the better or for the worse if people start
redistributing darcs under version 3 of the GPL.  I'm not sure what change, if
any, version 3 of the GPL would bring to this issue.

c)  It precludes some hypothetical future hacks, for example accessing ssh
functionality by direct FFI instead of by executing a separate process.

d)  While this work-around might suffice for combining darcs with openssh, it
might not suffice for combining darcs with Eclipse or SWT.


Therefore, I would like to ask permission from you, the authors of darcs, to
combine darcs with openssh, Eclipse, and SWT.  I hereby ask the copyright
holders to grant me permission to use the code to which they hold copyright
with the following amendment to the GPL:

"As a special exception, you have permission to link this program with code
 which is licensed under the Common Public Licence, the Eclipse Public Licence,
 or the OpenSSL License, as long as you follow the requirements of the GNU GPL
 in regard to all of the software in the executable aside from the software
 which is licensed under the Common Public License or the Eclipse Public
 License."


This amendment is modelled on the amendment that the FSF used to suggest to
work-around the old Qt license incompatibility:

http://www.fsf.org/licensing/licenses/


Just to reiterate, this special exemption would *not* allow darcs nor any part
of darcs to be used in a proprietary, non-Free work.  The only thing that it
would allow that is not currently allowed is for darcs to be used in
combination with other Free Software such as Eclipse and OpenSSH.


Regards,

Zooko

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