Re: License issue?

2005-08-28 Thread Bill Davidsen

Joerg Schilling wrote:


Bill Davidsen [EMAIL PROTECTED] wrote:

 


 I have been reading the dvd+rw-tools FAQ and I have found this in
 there:

===
Version 5.6 adds support for Solaris 2.x [commercial licensing terms
for distribution on Solaris are to be settled with Inserve
Technology].
===
  

   


As the program claims to use the GPL, such note would not be legal
and commercial use cannot be limited to a single company.

 

You may be right in Europe, in the USA if I hold the copyright I may 
grant several non-exclusive licenses under different terms. It's not 
even unusual. With commercial software I may sell a right to use 
quantity one to an end user, a site or company license to a large 
organization, and a right to duplicate and resell to another (if I trust 
them to pay royalties). And I might grant a free right to use to a 
charity if I was a nice person.
   



Looks like you did not get my point: why should there be a need
to use a non GPL variant?



I can't get your point, only reply to what you said. If that's not 
your point then why write it? You said it would not be legal and 
commercial use could not be granted if there was GPL. You are incorrect 
in the USA.


As you yourself explained about license in Germany, what you said 
recently is only part of what you said earlier, regarding ways to 
license and which were mutually exclusive.


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 Doing interesting things with small computers since 1979


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Re: License issue?

2005-08-23 Thread Joerg Schilling
Volker Kuhlmann [EMAIL PROTECTED] wrote:

  As you are on this list for a long time, I would expect that you know
  that a company was named only because this company did violate the GPL.

 The version of cdrecord shipped by named company was clearly marked as
 modified, only you would expect a command line application to pop up a
 window in everyone's face saying so. Incidentally, you're also the only
 one who thinks the GPL was violated in the first place. Does that tell
 you something?

Looks like you have a strange understanding of clearly marked as modified.
If you were true, people would have send their complaints to Suse and not to me.


Jörg

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Re: License issue?

2005-08-22 Thread Joerg Schilling
Bill Davidsen [EMAIL PROTECTED] wrote:

I have been reading the dvd+rw-tools FAQ and I have found this in
there:
 
 ===
 Version 5.6 adds support for Solaris 2.x [commercial licensing terms
 for distribution on Solaris are to be settled with Inserve
 Technology].
 ===
 
 
 
 As the program claims to use the GPL, such note would not be legal
 and commercial use cannot be limited to a single company.
 

 You may be right in Europe, in the USA if I hold the copyright I may 
 grant several non-exclusive licenses under different terms. It's not 
 even unusual. With commercial software I may sell a right to use 
 quantity one to an end user, a site or company license to a large 
 organization, and a right to duplicate and resell to another (if I trust 
 them to pay royalties). And I might grant a free right to use to a 
 charity if I was a nice person.

Looks like you did not get my point: why should there be a need
to use a non GPL variant?

Jörg

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   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED](work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-22 Thread Volker Kuhlmann
 Looks like you did not get my point: why should there be a need
 to use a non GPL variant?

I can think of a simple reason: to grant rights which the GPL doesn't
grant, in return for some cash for further development. There probably
are other valid reasons too.


[cdrecord license:]

 As you are on this list for a long time, I would expect that you know
 that a company was named only because this company did violate the GPL.

The version of cdrecord shipped by named company was clearly marked as
modified, only you would expect a command line application to pop up a
window in everyone's face saying so. Incidentally, you're also the only
one who thinks the GPL was violated in the first place. Does that tell
you something?

And I can't help but notice that you made a special license of your own
software for someone while continuing to ask why should there be a need
to use a non GPL variant?. Glass house, stones.

Volker

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Re: License issue?

2005-08-19 Thread Joerg Schilling
Greg Wooledge [EMAIL PROTECTED] wrote:

 On Thu, Aug 18, 2005 at 07:43:59PM +0100, Alvaro Lopez Ortega wrote:
  ===
  Version 5.6 adds support for Solaris 2.x [commercial licensing terms
  for distribution on Solaris are to be settled with Inserve
  Technology].
  ===
  
I am wondering how is it possible to this be compatible with the GPL
license (which is the only license I have found on
dvd+rw-tools-5.21.4.10.8/LICENSE file).

 The person who writes the software holds the copyright on it.
 The copyright holder may release the software to various people or
 organizations under as many licenses as he likes.

True but irelevent:

The source has already been published under GPL that allows a commercial
distribution of derived binaries if you include source.

Jörg

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 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-19 Thread Greg Wooledge
On Thu, Aug 18, 2005 at 02:41:20PM +0200, Joerg Schilling wrote:
 Once you put some code under a OSI compliant license, you cannot
 give someone else exclusive rights anymore.

That is not correct.

The copyright holder can give the code to Microsoft and say, Here, use
this in the next version of Windows any way you like.  Microsoft will
*not* be under the obligations of the GPL.

However, if Microsoft takes the GPL-licensed version of the software
and incorporates it into Windows, then they *would* have to comply with
the terms of the GPL.


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Re: License issue?

2005-08-19 Thread Joerg Schilling
Greg Wooledge [EMAIL PROTECTED] wrote:

 On Thu, Aug 18, 2005 at 02:41:20PM +0200, Joerg Schilling wrote:
  Once you put some code under a OSI compliant license, you cannot
  give someone else exclusive rights anymore.

 That is not correct.

 The copyright holder can give the code to Microsoft and say, Here, use
 this in the next version of Windows any way you like.  Microsoft will
 *not* be under the obligations of the GPL.

Why would someone need such a special license?
Only in order to make hidden changes.

If there was any hope to get customers that are interested in hidden
changes, I would expect a different text.

Jörg

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 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-19 Thread Joerg Schilling
Volker Kuhlmann [EMAIL PROTECTED] wrote:

 On Fri 19 Aug 2005 00:32:53 NZST +1200, Joerg Schilling wrote:

  As the program claims to use the GPL, such note would not be legal
  and commercial use cannot be limited to a single company.

  Once you put some code under a OSI compliant license, you cannot
  give someone else exclusive rights anymore.

 How very interesting. I remember a certain Mr Schilling trying to
 restrict the rights to cdrecord away from the GPL for a certain named
 company.

Trying to troll again?

As you are on this list for a long time, I would expect that you know
that a company was named only because this company did violate the GPL.

Jörg

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   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED](work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-19 Thread Bill Davidsen




Joerg Schilling wrote:

  Alvaro Lopez Ortega [EMAIL PROTECTED] wrote:

  
  
Hi all,

   I have been reading the dvd+rw-tools FAQ and I have found this in
   there:

===
Version 5.6 adds support for Solaris 2.x [commercial licensing terms
for distribution on Solaris are to be settled with Inserve
Technology].
===

  
  
As the program claims to use the GPL, such note would not be legal
and commercial use cannot be limited to a single company.


You may be right in Europe, in the USA if I hold the copyright I may
grant several non-exclusive licenses under different terms. It's not
even unusual. With commercial software I may sell a right to use
quantity one to an end user, a site or company license to a large
organization, and a right to duplicate and resell to another (if I
trust them to pay royalties). And I might grant a free right to use to
a charity if I was a nice person.
-- 
bill davidsen [EMAIL PROTECTED]
  CTO TMR Associates, Inc
  Doing interesting things with small computers since 1979





Re: License issue?

2005-08-18 Thread Greg Wooledge
On Thu, Aug 18, 2005 at 07:43:59PM +0100, Alvaro Lopez Ortega wrote:
 ===
 Version 5.6 adds support for Solaris 2.x [commercial licensing terms
 for distribution on Solaris are to be settled with Inserve
 Technology].
 ===
 
   I am wondering how is it possible to this be compatible with the GPL
   license (which is the only license I have found on
   dvd+rw-tools-5.21.4.10.8/LICENSE file).

The person who writes the software holds the copyright on it.
The copyright holder may release the software to various people or
organizations under as many licenses as he likes.

So you might get it under the GPL, but Sun gets to use it under a
different license.

Nothing that Sun does with their licensed copy of the software will affect
your rights under the GPL in any way.  Likewise, none of the rights that
you received under the GPL can be applied to the version that Sun has.


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Re: License issue?

2005-08-18 Thread Joerg Schilling
Alvaro Lopez Ortega [EMAIL PROTECTED] wrote:

 Hi all,

I have been reading the dvd+rw-tools FAQ and I have found this in
there:

 ===
 Version 5.6 adds support for Solaris 2.x [commercial licensing terms
 for distribution on Solaris are to be settled with Inserve
 Technology].
 ===

As the program claims to use the GPL, such note would not be legal
and commercial use cannot be limited to a single company.

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED](work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-18 Thread Joerg Schilling
[EMAIL PROTECTED] wrote:

 Hi,

 Andy (i guess) states on
 http://fy.chalmers.se/~appro/linux/DVD+RW/solaris.com.html

 ---
  Clarification Note
 Commercial licensing terms for distribution on Solaris
 means that if a 3rd party would like to include dvd+rw-tools
 [or their components] as a part of commercial product for
 Solaris, then they have to talk to Inserve Technology. In other
 words Inserve Technology is granted exclusive right to
 include dvd+rw-tools in commercially available product
 for Solaris(tm). But no explicit permission/license is
 required, if a commercial [or any other] party chooses to
 download and deploy them internally in their Solaris
 environment, e.g. for internal backup purposes.

If somebody would try to enforce this, he would be trying to
break the GPL.

Once you put some code under a OSI compliant license, you cannot
give someone else exclusive rights anymore.

Jörg

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 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED](work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: License issue?

2005-08-17 Thread scdbackup
Hi,

Andy (i guess) states on
http://fy.chalmers.se/~appro/linux/DVD+RW/solaris.com.html

---
 Clarification Note
Commercial licensing terms for distribution on Solaris
means that if a 3rd party would like to include dvd+rw-tools
[or their components] as a part of commercial product for
Solaris, then they have to talk to Inserve Technology. In other
words Inserve Technology is granted exclusive right to
include dvd+rw-tools in commercially available product
for Solaris(tm). But no explicit permission/license is
required, if a commercial [or any other] party chooses to
download and deploy them internally in their Solaris
environment, e.g. for internal backup purposes.
---

Although it would be interesting to see the outcome of
a legal battle about a commercial GPL-conformant version
of growisofs, i think we would thank Andy badly for his work,
if we challenged his right to grant above exclusive license.

If i would feel affected by that license i'd just keep
dvd+rw-tools apart from my stuff and offer it under GPL 
for free for internal use. Then i'd charge money for
enabling use of dvd+rw-tools via my proprietary product.
(Nobody will pay, i fear.)
This looks much like a judicial hot air balloon.
Colorful, illuminated and hollow.


If somebody  manages to get rich by my BSD licensed work,
i would appreciate a gratuity. Just for fairness. :))


Have a nice day :)

Thomas


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