Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-20 Thread Bernhard R. Link
* Arnoud Engelfriet [EMAIL PROTECTED] [050519 19:52]:
 Moral rights only allow you to act against mutilation of
 the work and lack of proper attribution. And you have the right
 to decide on _first_ publication. But once you publish, the
 work is on the market and your rights are exhausted. I don't see
 a basis for doing a recall.

INAL, but German law also has some revocation paragraphs:

The German copyright laws, called something line author rights law 
Urheberrechtsgesetz (e.g. http://www.netlaw.de/gesetze/urhg.htm)
has paragraphs about revocation:

§41 Rückrufsrecht wegen Nichtausübung
which could be translated to revocation right because of non-use,
which is quite uninteresting. It mainly allows to terminate rights
when you give exclusive rights and the person makes no use of it.

§42 Rückrufsrecht wegen gewandelter Überzeugung 
This could be translated as revocation right because of changed
opinion/belief.
For free software it is not very applicaple in my eyes, as the
law mandates in that case:
- the author has to compensate adaquately
- the revocation is not active before compensation is payed.
- the licensee has three months to name the amount of compensation
- if the work is to be used again, the former licensee has to 
  be offered equivalent rights under fair conditions.

So this seems to be mainly for things like pictures or other art the
artist wished he never made. Compensating every user, even if only the
costs for downloading are compensated, would be far to expensive.
Also note that as far as I was explained, the author is always the
person who made it. Author's rights are not refereable. The nearest
equivalent of copyright transference are exclusive licenses. And as
these morale rights are considered part of human rights, they are
not transferable and not bounding contracts about their use can be made.

Hochachtungsvoll,
  Bernhard R. Link


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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Jacobo Tarrio
O Mércores, 18 de Maio de 2005 ás 21:46:48 -0400, Roberto C. Sanchez escribía:

 That is completely not possible.  Once you offer (and someone accepts)
 code under the terms of the GPL, they are for evermore entitled to use
 *that* code under the GPL.  About the only thing that can be done is

 Assuming that EU laws aren't involved, which allow the author to take all
copies of their work out of circulation (but the laws, or at least Spanish
law, also say that the author must pay damages, and if they decide to return
the work to the market, it must be under reasonably similar conditions).

-- 
   Jacobo Tarrío | http://jacobo.tarrio.org/


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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Arnoud Engelfriet
Jacobo Tarrio wrote:
 O M?rcores, 18 de Maio de 2005 ?s 21:46:48 -0400, Roberto C. Sanchez escrib?a:
  That is completely not possible.  Once you offer (and someone accepts)
  code under the terms of the GPL, they are for evermore entitled to use
  *that* code under the GPL.  About the only thing that can be done is
 
  Assuming that EU laws aren't involved, which allow the author to take all
 copies of their work out of circulation (but the laws, or at least Spanish
 law, also say that the author must pay damages, and if they decide to return
 the work to the market, it must be under reasonably similar conditions).

That's an aspect of EU copyright law I'm not aware of. Can you
tell me which Berne provision or EU directive this is?

Moral rights only allow you to act against mutilation of
the work and lack of proper attribution. And you have the right
to decide on _first_ publication. But once you publish, the
work is on the market and your rights are exhausted. I don't see
a basis for doing a recall.

Arnoud

-- 
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Patents, copyright and IPR explained for techies: http://www.iusmentis.com/


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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Jacobo Tarrio
O Xoves, 19 de Maio de 2005 ás 19:52:28 +0200, Arnoud Engelfriet escribía:

 That's an aspect of EU copyright law I'm not aware of. Can you
 tell me which Berne provision or EU directive this is?

 Please, next time just say directly that's not so and it'll be easier on
my health. Thanks.

 And that's not so, true. I hadn't gotten it right the first time, and I
won't say EU now.

 Spanish law says (the ugly translation is mine): The following
un-disclaimable and inaliable rights belong to the author: [...] 6. Retiring
the work from the market, due to a change in their intellectual or moral
convictions, after a payment of damages to the holders of exploitation
rights.

 I said that the translation was ugly.

 So scrap my previous e-mail.

-- 
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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Batist Paklons
On 19/05/05, Jacobo Tarrio [EMAIL PROTECTED] wrote:
  Spanish law says (the ugly translation is mine): The following
 un-disclaimable and inaliable rights belong to the author: [...] 6. Retiring
 the work from the market, due to a change in their intellectual or moral
 convictions, after a payment of damages to the holders of exploitation
 rights.

Seems like Spanish law is a bit on the wrong here. This goes directly
against the freedom of goods enshrined in art. 28 et seq. EU treaty.
As soon as a work is rightfully released on the market, the author
looses every economic right he has to ensure the free flow of goods on
the internal market.

check out 
http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31991L0250:EN:HTML
art.4 (c)

Not that you can do anything against that law, but in a litigation it
is a rightful defense.

Kind regards
Batist



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Michael K. Edwards
On 5/18/05, Roberto C. Sanchez [EMAIL PROTECTED] wrote:
 Point taken.  However, the GPL clearly states the conditions in
 section 6:
 
   6. Each time you redistribute the Program (or any work based on the
 Program), the recipient automatically receives a license from the
 original licensor to copy, distribute or modify the Program subject to
 these terms and conditions.  You may not impose any further
 restrictions on the recipients' exercise of the rights granted herein.
 You are not responsible for enforcing compliance by third parties to
 this License.
 
 To me, that says Once the cat is out, it's out for good.  So,
 if you as the author of GPL software, try to restrict someone that
 has already received your software under the terms of the GPL, then
 you violate the license.  Since you are the author, it doesn't
 affect you so much, since you are also the copyright holder.

And what, exactly, is the licensee's recourse if the licensor
violates the license in this way?  Are you mistaking the GPL for a
statute?

The law about whether a license without an explicit term can be
revoked at will varies from one contract law jurisdiction to another. 
See Walthal v. Corey Rusk at
http://caselaw.lp.findlaw.com/data2/circs/7th/981659.html -- and
observe that appeals courts sometimes screw up too (note the scathing
commentary regarding the Ninth Circuit's opinion in Rano v. Sipa
Press).  Even in the Ninth, you probably wouldn't want to be using
Rano as a central part of the argument in a case today.

 The only other alternative is that the GPL is not enforceable.
 That would probably call into question the validity of all software
 licenses.  However, I am not lawyer (I'm sure you guessed that by
 now), so I will refrain from speaking further on this subject.

IANAL either, but this sweeping statement is obviously nonsense.  The
typical EULA is a dog's breakfast of enforceable and unenforceable
constraints, but there's getting to be quite a bit of statute and case
law about how to construe a EULA under any given jurisdiction's
contract law.  A court of fact's analysis of the GPL terms would in
any case have no value as precedent in a later court of fact where
some EULA (or for that matter the GPL) is under discussion.

The GPL is anomalous in that the drafter has published a widely
believed, but patently false, set of claims about its legal basis in
the FSF FAQ.  Yet in many ways the actual GPL text, properly
construed, is sounder than the typical EULA.  I don't believe that it
bans all of the things that the FSF says it does (notably dynamic
linking GPL and non-GPL code).  But the only thing I can see that
might jeopardize its validity with respect to real derivative works is
the difficulty of construing a legitimate implementation of that
automatically receives language in Section 6, which a court would
have to construe in terms of conventional rules of agency to
sub-license.

 Incidentally, if there was so much controversy about this and the
 origins and rights to the code have been in question, why has
 SourceForge let the project continue for 2 years?  I imagine that
 it is not their responsibility that to comb through every piece
 of code housed on their servers.  However, I would imagine that
 it would be part of their due diligence to verify whether a project
 like this can even exist on their servers in the first place.

SourceForge is not the tightest run ship on the planet.  They are
probably not protected by any kind of common carrier exemption, but
they also probably figure they can wait until they get a cease and
desist letter.  In the real world, most violations of the law go
unpunished unless they involve major bodily harm, justify a claim for
large monetary damages, run afoul of the ascendant political agenda,
or really piss someone off.

Cheers,
- Michael



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote:
 The GPL is anomalous in that the drafter has published a widely
 believed, but patently false, set of claims about its legal basis in
 the FSF FAQ. 

For the record, I disagree that this faq is patently false.

It is, in places, a bit simplistic, but I wouldn't advise anyone
delve into those fine points of law unless they've retained
the services of a lawyer (at which point the FAQ is merely
an interesting commentary -- it has less weight than
professional advice).

Furthermore, that FAQ is far and away better than anything
you've proposed.

-- 
Raul



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Michael K. Edwards
On 5/19/05, Raul Miller [EMAIL PROTECTED] wrote:
 On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote:
  The GPL is anomalous in that the drafter has published a widely
  believed, but patently false, set of claims about its legal basis in
  the FSF FAQ.
 
 For the record, I disagree that this faq is patently false.
 
 It is, in places, a bit simplistic, but I wouldn't advise anyone
 delve into those fine points of law unless they've retained
 the services of a lawyer (at which point the FAQ is merely
 an interesting commentary -- it has less weight than
 professional advice).

The FAQ is not merely an interesting commentary -- it is the
published stance of the FSF, to which its General Counsel refers all
inquiries.  Although I am not legally qualified to judge, I believe
that he can have no reasonable basis under the law in his jurisdiction
for many of the assertions that it contains, particularly the
assertion that the GPL is a creature of copyright law and not an
ordinary offer of contract.  That may yet become a problem for him
personally as well as for the FSF.

This is not a fine point of law, it is first-year law student stuff
that anyone with a modicum of familiarity with legalese can easily
verify for himself or herself by the use of two law references (Nimmer
on Copyright and Corbin on Contracts) found in every law library in
the US.  These law references are probably also available from most
law libraries in any English-speaking country and the bigger ones
anywhere in the world, as are their equivalents for other national
implementations.  The fact that all licenses are (terms in) contracts
is also blatantly obvious from a few hours' perusal of the primary
literature -- statute and appellate case law -- which is available for
free through www.findlaw.com.  Don't believe me; look it up for
yourself.

 Furthermore, that FAQ is far and away better than anything
 you've proposed.

If that is a challenge to produce an adequate summary of my writings
to date on the topic, I think I'll take it up, in my own sweet time. 
It won't be legal advice (IANAL), but it will be firmly grounded in
the applicable law to the best of my ability, which is a hell of a lot
more than you can say for the FSF FAQ.

Cheers,
- Michael



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Michael K. Edwards
On 5/19/05, Roberto C. Sanchez [EMAIL PROTECTED] wrote:
 http://web.archive.org/web/20041130014304/http://www.gnu.org/philosophy/free-sw.html
 http://web.archive.org/web/20041105024302/http://www.gnu.org/licenses/gpl-faq.html

Thanks, Roberto.  The (moderately) explicit bit I had in mind is in
fact still in the current FAQ, I just missed it:

( http://www.fsf.org/licensing/licenses/gpl-faq.html#TOCIfInterpreterIsGPL )

... The interpreted program, to the interpreter, is just data; a free
software license like the GPL, based on copyright law, cannot limit
what data you use the interpreter on.

But you are quite right to provide the philosophy link, since that's
the one that (IMHO, IANAL) goes way over the top:

quote
Most free software licenses are based on copyright, and there are
limits on what kinds of requirements can be imposed through copyright.
If a copyright-based license respects freedom in the ways described
above, it is unlikely to have some other sort of problem that we never
anticipated (though this does happen occasionally). However, some free
software licenses are based on contracts, and contracts can impose a
much larger range of possible restrictions. That means there are many
possible ways such a license could be unacceptably restrictive and
non-free.

We can't possibly list all the possible contract restrictions that
would be unacceptable. If a contract-based license restricts the user
in an unusual way that copyright-based licenses cannot, and which
isn't mentioned here as legitimate, we will have to think about it,
and we will probably decide it is non-free.
/quote

This text is still present in http://www.fsf.org/licensing/essays/free-sw.html .

Cheers,
- Michael



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Charles Iliya Krempeaux
Hello,

(Sorry for just intejecting into the discussion like this, but)
>From what I understand of the history of WASTE. At one time,
NullSoft did infact release WASTE under the GPL. However, AOL
(NullSoft's parent company) didn't like this, and that message on
NullSoft's website is because of that. (And thus, it was
origianlly authorized by NullSoft, but not authorized by AOL.)

Now, from what I understand, once you release something under the GPL,
you cannot un-release it. And if that is the case, then this
software is OK.


See ya


See ya
On 5/18/05, Mirco Bauer [EMAIL PROTECTED] wrote:
On Fri, 2005-05-13 at 14:20 +0200, Romain Beauxis wrote: Hi all! I'm on the way of making a debian package for Waste, and I would have the folowing two questions about your software:
 Does the licence really reflect GPL? This arise because of this: http://cvs.sourceforge.net/viewcvs.py/waste/waste/license.cpp?rev=1.1view=auto
 WASTE - license.cpp Copyright (C) 2003 Nullsoft, Inc. Copyright (C) 2004 WASTE Development Team - What does Nullsoft have to do with Waste? And also this:
 //ADDED Md5Chap - THIS PART IS GPL LICENSE!!! TOUCH AND DIE! Followed by a full binary array. ...I googled for WASTE I found this:
http://www.nullsoft.com/free/waste/According to Nullsoft this is UNAUTHORIZED SOFTWARE and is not allowedto be distributed!Please delete all source and package copies you may have and do not letit enter debian!
--Regards,Mirco 'meebey' BauerPGP-Key:http://keyserver.noreply.org/pks/lookup?op=getsearch=0xEEF946C8
-BEGIN GEEK CODE BLOCK-Version: 3.12GIT d s-:+ a-- C++ UL$ P L++$+++$ E- W+++$ N o? K- w++! O M-V? PSPE+ Y- PGP++ t 5+ X++ R tv+ b+ DI? D+ G++ e h! r-++ y?--END GEEK CODE BLOCK--
BodyID:12667657.2.n.logpart (stored separately)-- 
 Charles Iliya Krempeaux, B.Sc. charles @ reptile.ca
 supercanadian @ gmail.com___
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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Paul Perpich
This topic has been beat to death and is the cause for most of the
devs bailing throughout the life of the project (legal concerns). 
There are a couple old articles on /. that should cover all the
arguments (in the comments)...but I'm sure you'll find them all over. 
here's one:

http://slashdot.org/article.pl?sid=03/05/31/1259206mode=nestedtid=120tid=126tid=187tid=95




On 5/18/05, Charles Iliya Krempeaux [EMAIL PROTECTED] wrote:
 Hello,
  
  (Sorry for just intejecting into the discussion like this, but)
 
  From what I understand of the history of WASTE.  At one time, NullSoft did
 infact release WASTE under the GPL.  However, AOL (NullSoft's parent
 company) didn't like this, and that message on NullSoft's website is because
 of that.  (And thus, it was origianlly authorized by NullSoft, but not
 authorized by AOL.)
  
  Now, from what I understand, once you release something under the GPL, you
 cannot un-release it.  And if that is the case, then this software is OK.
  
  
  See ya
  
  
  See ya
  
 
 On 5/18/05, Mirco Bauer [EMAIL PROTECTED] wrote:
  
  On Fri, 2005-05-13 at 14:20 +0200, Romain Beauxis wrote:
 Hi all!
  
   I'm on the way of making a debian package for Waste, and I would have
 the
   folowing two questions about your software:
  
   Does the licence really reflect GPL?
   This arise because of this:
  
 http://cvs.sourceforge.net/viewcvs.py/waste/waste/license.cpp?rev=1.1view=auto
   WASTE - license.cpp
   Copyright (C) 2003 Nullsoft, Inc.
   Copyright (C) 2004 WASTE Development Team
   - What does Nullsoft have to do with Waste?
  
   And also this: 
   //ADDED Md5Chap - THIS PART IS GPL LICENSE!!! TOUCH AND DIE!
   Followed by a full binary array.
   ...
  
  
  I googled for WASTE I found this:
  http://www.nullsoft.com/free/waste/
  According to Nullsoft this is UNAUTHORIZED SOFTWARE and is not allowed
  to be distributed!
  Please delete all source and package copies you may have and do not let
  it enter debian! 
  
  --
  Regards,
  
  Mirco 'meebey' Bauer
  
  PGP-Key:
 
 http://keyserver.noreply.org/pks/lookup?op=getsearch=0xEEF946C8
  
  -BEGIN GEEK CODE BLOCK-
  Version: 3.12
  GIT d s-:+ a-- C++ UL$ P L++$+++$ E- W+++$ N o? K- w++! O M-
  V? PS
  PE+ Y- PGP++ t 5+ X++ R tv+ b+ DI? D+ G++ e h! r-++ y?
  --END GEEK CODE BLOCK-- 
  
  
  BodyID:12667657.2.n.logpart (stored separately)
  
  
 
 
 
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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Charles Iliya Krempeaux
Hello,

Yes, you are correct. I am assuming that.

As far as I can tell, even if AOL didn't approve it, NullSoft, being
the owners of the code, are allowed and able to release the code
under whatever license they want to release it under. (Whether
they'll get in trouble or not from AOL, for doing so, is another
question.)

It seem to me that they got in trouble for doing so. And then
tried to take things back. But the GPL doesn't allow for that.

But yes,... all of it is based on the initial assumption that whomever
originally released the code under the GPL was allowed to.



See yaOn 5/18/05, Steinar H. Gunderson [EMAIL PROTECTED] wrote:
On Wed, May 18, 2005 at 11:40:06AM -0700, Charles Iliya Krempeaux wrote: Now, from what I understand, once you release something under the GPL, you cannot un-release it. And if that is the case, then this software is OK.
You're assuming the people who released it had the right to do that in thefirst place. I can _not_ take the leaked Windows 2000 source code, release itunder the GPL and then claim it is okay to distribute.
/* Steinar */--Homepage: http://www.sesse.net/--  Charles Iliya Krempeaux, B.Sc. charles @ reptile.ca supercanadian @ 
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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Peter Samuelson

[Charles Iliya Krempeaux]
 It seem to me that they got in trouble for doing so. And then tried
 to take things back. But the GPL doesn't allow for that.

It seems to me that this is another of those things everyone takes for
a postulate just because the FSF said so.  Rather like the assumption
that copyright law gives the GPL scope over libraries whose interfaces
you use.

I know at least one developer on a prominent open source project who
believes otherwise, and claims to be prepared to revoke their license
to her code, if they do certain things to piss her off.  Presumably
this is grounded on the basis of her having received no consideration,
since it's a bit harder to revoke someone's right to use something they
bought and paid for.  It is also possible that she's a looney.

Yes, I'm aware that if it's possible to revoke the GPL, it fails the
Tentacles of Evil test, and GPL software would be completely unsuitable
for any serious deployment.  Note, however, that but it *can't* be
that way because if it is, we're all in trouble is not a very strong
argument.

 But yes,... all of it is based on the initial assumption that
 whomever originally released the code under the GPL was allowed to.

s/whomever/whoever/ (:

Peter


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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Roberto C. Sanchez
Peter Samuelson wrote:

 I know at least one developer on a prominent open source project who
 believes otherwise, and claims to be prepared to revoke their license
 to her code, if they do certain things to piss her off.  Presumably
 this is grounded on the basis of her having received no consideration,
 since it's a bit harder to revoke someone's right to use something they
 bought and paid for.  It is also possible that she's a looney.
 
That is completely not possible.  Once you offer (and someone accepts)
code under the terms of the GPL, they are for evermore entitled to use
*that* code under the GPL.  About the only thing that can be done is
to quite releasing new versions of the software or release newer
versions under a more restrictive license.  That, or hope everyone
who receives the code violates the GPL (since that is about the only
you lose your rights under it after the fact).

 Yes, I'm aware that if it's possible to revoke the GPL, it fails the
 Tentacles of Evil test, and GPL software would be completely unsuitable
 for any serious deployment.  Note, however, that but it *can't* be
 that way because if it is, we're all in trouble is not a very strong
 argument.

But it can't be done, period.

Reference: http://www.gnu.org/philosophy/free-sw.html

In order for these freedoms to be real, they must be irrevocable as
long as you do nothing wrong; if the developer of the software has the
power to revoke the license, without your doing anything to give cause,
the software is not free.

-Roberto

-- 
Roberto C. Sanchez
http://familiasanchez.net/~sanchezr


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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Raul Miller
On 5/18/05, Roberto C. Sanchez [EMAIL PROTECTED] wrote:
 That is completely not possible.  Once you offer (and someone accepts)
 code under the terms of the GPL, they are for evermore entitled to use
 *that* code under the GPL.

There are some exceptions to this.  For example, if you're not the copyright
holder, your offer doesn't count.  Worse, in the U.S., copyright can
be revoked after 35 years (with lots of legal fine print which makes this
difficult to talk about simply).

But none of that seems relevant here.  (And none of it seems specific
to the GPL -- I think this would be just as true for BSD.)

Or, at least... the assertion by nullsoft that nullsoft wasn't authorized 
to release WASTE seems to raise the question of whether they're 
authorized to claim it wasn't released.  [If they weren't authorized
to release it, who would have been?]

The only reason I can see for Debian to not want to package WASTE 
is that as a general rule we try to go along with the wishes of upstream
developers.  But, ultimately, that kind of issue is up to the package
maintainer.

-- 
Raul



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Michael K. Edwards
On 5/18/05, Peter Samuelson [EMAIL PROTECTED] wrote:
[snip]
 I know at least one developer on a prominent open source project who
 believes otherwise, and claims to be prepared to revoke their license
 to her code, if they do certain things to piss her off.  Presumably
 this is grounded on the basis of her having received no consideration,
 since it's a bit harder to revoke someone's right to use something they
 bought and paid for.  It is also possible that she's a looney.

If the GPL were the creature of copyright law that the FSF proclaims,
or the unilateral contract that some apologists believe, that would be
a real problem.  Talk about the Law of Unintended Consequences! 
Happily, there is no defect of consideration in the GPL, as the
covenants of return performance (principally the obligation to offer
source code) are non-trivial promises with some value to the licensor.
 Thread at http://lists.debian.org/debian-legal/2004/12/msg00209.html
; note references to Planetary Motion v. Techplosion 2001 later in the
thread.

 Yes, I'm aware that if it's possible to revoke the GPL, it fails the
 Tentacles of Evil test, and GPL software would be completely unsuitable
 for any serious deployment.  Note, however, that but it *can't* be
 that way because if it is, we're all in trouble is not a very strong
 argument.

It's not a meaningless argument, though; there's a doctrine of
reliance that can substitute for acceptance under some circumstances,
and might be used to estop a copyright holder from yanking an
ostensibly perpetual license if all else failed.  IANAL, etc.

Cheers,
- Michael



Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Michael K. Edwards
On 5/18/05, Roberto C. Sanchez [EMAIL PROTECTED] wrote:
 Peter Samuelson wrote:
[snip]
  Yes, I'm aware that if it's possible to revoke the GPL, it fails the
  Tentacles of Evil test, and GPL software would be completely unsuitable
  for any serious deployment.  Note, however, that but it *can't* be
  that way because if it is, we're all in trouble is not a very strong
  argument.
 
 But it can't be done, period.
 
 Reference: http://www.gnu.org/philosophy/free-sw.html
 
 In order for these freedoms to be real, they must be irrevocable as
 long as you do nothing wrong; if the developer of the software has the
 power to revoke the license, without your doing anything to give cause,
 the software is not free.

I would advise you to be very, very wary of assertions made by the FSF
about the legal import of the GPL.  Philosophy is strong stuff and has
been known to cloud the mind.  Case law is a more trustworthy guide to
what is and isn't legally possible, not to mention what can and can't
be construed into the terms of the GPL.

Cheers,
- Michael