On Fri, 7 Dec 2007 12:29:51 -0800, Hal wrote in message 
<[EMAIL PROTECTED]>:

> On Friday 07 December 2007 11:42:39 Heiko Schulz wrote:
> > Hi,
> >
> > On the forum someeone mentioned a maybe violation:
> > http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=130168333810&ssPageName=
> >MERCOSI_VI_ROSI_PR4_PCN_BIX_Stores&refitem=300119449611&itemcount=4&refwidge
> >tloc=closed_view_item&refwidgettype=osi_widget
> >
> > O.k. it is no danger for our project, but is this
> > legal: Changing the name?
> >
> > Regards
> > HHS
> 
> The name change is OK unless the FlightGear project has added an additional 
> restriction to the license to prevent this.  Since I have not looked at the 
> FG license I don't know if this has happened.

..do.  The GPL allows forking and renaming and even selling, provided
the source code is provided for free.  E.g.
http://wiki.flightgear.org/flightgear_wiki/index.php?title=Main_Page
points you to http://www.gnu.org/copyleft/gpl.html

> Possibility a bigger issue is that the GPL license requires that anyone 
> distributing binary versions of the software that have been modified also 
> make the source code for the modified version available.  

..troll, you argue ditching the GPL by picking the bad parts of the
BSDv1 and yanking the teeth out of the GPL.

> If they do not make the source code available then they have violated 
> the license agreement and are subject to legal action.   

..troll, there is no contract called "license agreement", there is a
license that allows what copyright law forbids, on certain conditions,
such as offering the source for free.  Violate those conditions, and
the GPL walks away and you find yourself facing criminal, not civil 
law enforcement, for _theft_ etc of copyrighted property etc.

..http://groklaw.net/ is an handy resource on such litigation.

> 
> "  3. You may copy and distribute the Program (or a work based on it,
> under Section 2) in object code or executable form under the terms of
> Sections 1 and 2 above provided that you also do one of the following:
> 
>     a) Accompany it with the complete corresponding machine-readable
>     source code, which must be distributed under the terms of Sections
>     1 and 2 above on a medium customarily used for software interchange; or,
> 
>     b) Accompany it with a written offer, valid for at least three
>     years, to give any third party, for a charge no more than your
>     cost of physically performing source distribution, a complete
>     machine-readable copy of the corresponding source code, to be
>     distributed under the terms of Sections 1 and 2 above on a medium
>     customarily used for software interchange; or,
> 
>     c) Accompany it with the information you received as to the offer
>     to distribute corresponding source code.  (This alternative is
>     allowed only for noncommercial distribution and only if you
>     received the program in object code or executable form with such
>     an offer, in accord with Subsection b above.)"
> 
> 
> If the have modified the program they are also required to:
> 
> "2. You may modify your copy or copies of the Program or any portion
> of it, thus forming a work based on the Program, and copy and
> distribute such modifications or work under the terms of Section 1
> above, provided that you also meet all of these conditions:
> 
>     a) You must cause the modified files to carry prominent notices
>     stating that you changed the files and the date of any change.
> 
>     b) You must cause any work that you distribute or publish, that in
>     whole or in part contains or is derived from the Program or any
>     part thereof, to be licensed as a whole at no charge to all third
>     parties under the terms of this License.
> 
>     c) If the modified program normally reads commands interactively
>     when run, you must cause it, when started running for such
>     interactive use in the most ordinary way, to print or display an
>     announcement including an appropriate copyright notice and a
>     notice that there is no warranty (or else, saying that you provide
>     a warranty) and that users may redistribute the program under
>     these conditions, and telling the user how to view a copy of this
>     License.  (Exception: if the Program itself is interactive but
>     does not normally print such an announcement, your work based on
>     the Program is not required to print an announcement.)"
> 
> The only way to find out if the license is being cmplided with is to purchase 
> a copy in one of these auctions and see if it meets these license 
> restrictions.  If it does not then legal action is possible. 
> 
> Hal

..errr, no.  The viable way to find out, is file the lawsuit.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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