On Monday 07 October 2002 09:19 pm, Todd Flinders wrote: > The problem is that if they started with GPL code, it is not entirely their > work and they must honor the license of the code they chose to incorperate. > I don't know much about this situation, but if they distributed code in > binary form that included GPL'd code nested within their logic then they > must also provide the applicable source code to the recipients of the > binaries. They also cannot restrict what the recipients do with the source > code other than keeping it Free. There is no clause in the GPL that allows > exceptions for beta tests. They certainly don't have to provide source to > the public, but if they put out binaries with nested GPL code to beta > testers, the beta testers have a right to the affected code. They also > have a right to pass the code on to others if they choose. > > Obviously, I'm no lawyer. But that's my understanding of the situation. <snip>
I'm sure your interpretation of it is the correct one Todd. I just don't think the correct answer was to force development to stop by being obnoxious. With no work there's no application. Whatever it was. That seems a sad state of affairs to me. It seems there's a little free choice available this week. With no development, and no application being done, there's no code being released anyway. It may actually have been something useful but we may never know that now. Strict interpretation of rules and regulations; while not a bad thing at all, may itself be judged as draconian as the Everlasting Usurious Leasing Attack used by a certain proprietary software company. In theory it would be well to have any adaptations or modifications of source that's already available re-released; but this situation was so unclear to me that I still don't see a "clear violation" of the GPL. All that I could tell from the limited information available was that some one or more developer(s) was working on an open source media player for XBox and now they aren't. Temporarily apparently. The problem seems to be (according to the FAQ they have posted) that they won't release the application "to the general public" until there's a GPLed compiler available; not one that belongs to Microsoft which they have _no_ rights to open source. It also seems the player is never going to work without a mod chip, and I can't recall seeing any news about those being open sourced either. Problem is that particular interpretation of their FAQ was made by a human (me), not a lawyer or 'public servant' and may be incorrect too. While I would like to see every bit of software, and every application available, be open sourced, I somehow doubt that's ever going to happen in this universe. I'm finished with this subject since I have no interest in that application and as stated I'm not a lawyer either. Nor am I a program, developer, or coder, or regulator. The best part is I don't own an X-Box and never will; so I shouldn't complain when applications or products produced for it aren't available under the GPL. I wouldn't give MS even _that_ much satisfaction, whether they really lose money on sales or not. Mild revulsion for that company and it's philosophies and actions pushed me away long ago. I have no interest in "returning to the fold." :-) Wiser heads than mine will have to sort whether there was anything questionable being done with the development. Sorry to have wasted people's bandwidth with my opinions. Later; -- Charlie Edmonton,AB,Canada Registered user 244963 at http://counter.li.org A ranger was walking through the forest and encountered a hunter carrying a shotgun and a dead loon. "What in the world do you think you're doing? Don't you know that the loon is on the endagered species list?" Instead of answering, the hunter showed the ranger his game bag, which contained twelve more loons. "Why would you shoot loons?", the ranger asked. "Well, my family eats them and I sell the plumage." "What's so special about a loon? What does it taste like?" "Oh, somewhere between an American Bald Eagle and a Trumpeter Swan."
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