On Fri, Mar 21, 2003 at 01:08:46PM -0500, Paul Smith wrote: > %% Dominik Vogt <fvwm-workers@fvwm.org> writes: > > >> But when you distribute the same sections as part of a whole which > >> is a work based on the Program, the distribution of the whole must > >> be on the terms of this License, whose permissions for other > >> licensees extend to the entire whole, and thus to each and every > >> part regardless of who wrote it. > > dv> Yes, I agree with that analysis. The crucial point is that the > dv> GPL and a license to run a software are orthogonal, as stated by > dv> the passage I quoted. Since running the software is definitely an > dv> "activity other than copying, distribution and modification" it is > dv> "outside its [the GPL's] scope". And if it's outside the GPL's > dv> scope it can not violate the GPL. > > I don't believe that's true: the GPL requires that the combined work be > released under the GPL, and exactly the GPL.
As I quoted above, it touches only what is in the scope of the GPL. It does *not* restrict adding licenses for what is *outside* of its scope. > It does not allow for any > extra terms or conditions to be applied, even if they are not directly > addressed by the GPL. I disagree. If this was the case, it would for example forbid you to deny your children access to a software under GPL that you think is not appropriate for them. > Also note that people do not have to agree to the GPL, or to your > license. There is no "click wrap" etc. on FVWM so there is no way for > people to affirmatively agree to the licensing terms: they are required > to do so. > > The GPL works because it _ADDS_ freedoms that copyright law would > normally not allow: modification, redistribution, etc. So, if you don't > agree to the license the FSF doesn't care: that just means you can't do > any of those things. The only way you can do them is by agreeing to the > license. > > Licenses which _REMOVE_ freedoms that copyright law would normally > allow, such as most EULAs etc. and the license you are proposing, _must_ > be agreed to in some affirmative way. Otherwise they can simply not > agree to your license and use the product as allowed by copyright. > Using a product you own for the purposes which it was designed is > definitely not violating a copyright. My point of view is: the GPL does not grant anybody the right to *run* the software. By doing so, you break the law. So, I am *adding* the right to run the software. In case of fvwm, the original copyright notice grants the right to run fvwm, given that the permission statement is kept intact in the sources. > dv> By the way, the fvwm license already violates the GPL by > dv> restricting the right to modify the sources: > > dv> Permission to use, copy, modify, and distribute this software > dv> and its documentation for any purpose and without fee is hereby > dv> granted, provided that the above copyright notice appear in all > dv> copies and that both that copyright notice and this permission > dv> notice appear in supporting documentation > > I don't see any restriction. You mean because it says the copyright > notice must be present? That's no problem: the GPL itself makes the > same requirement. The GPL allows to make *any* modification to the *sources*, implicitly including removing the copyright statement. That does not change the copyright or the license of course, and this does not allow to remove the text of the license from *non-source* files, such as the license file. The E&S license *forbids* to remove the license statement from the *sources*. Ergo, with the E&S license notice plus the GPL it is illegal to distribute the fvwm sources. > dv> (note the explicit permission to use fvwm - which can be easily > dv> circumvented by deriving a new window manager from fvwm). > > Perhaps... although the new version would begin with the same > restrictions as the previous one. Only if the license allowed you to > change the licensing could you do so, even on a derived version. It does allow to change the licensing: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, Bye Dominik ^_^ ^_^ -- Dominik Vogt, [EMAIL PROTECTED] Reply-To: [EMAIL PROTECTED] -- Visit the official FVWM web page at <URL:http://www.fvwm.org/>. To unsubscribe from the list, send "unsubscribe fvwm-workers" in the body of a message to [EMAIL PROTECTED] To report problems, send mail to [EMAIL PROTECTED]
