Re: MPL2 instead of LGPL

2020-08-19 Thread Martin Floeser



Am 19. August 2020 19:27:09 MESZ schrieb Roman Gilg :

On Wed, Aug 19, 2020 at 6:01 PM Sandro Andrade 
wrote:


On Sun, Aug 16, 2020 at 5:11 AM Roman Gilg  wrote:
>
> Hi,

Hi Roman,

> * Proprietary code static linking LGPL code is not practically

doable.

> [5] See also above ZeroMQ exception.

This is a topic every now and then pops around when discussing
licensing issues. The FSF is pretty clear in stating the providing
object files are enough to enable users to relink with different
versions of the LGPL library. I see some projects using LGPL + static
linking exceptions and I've read all the things regarding "work based
on the library" vs "work which uses the library", header

dependencies,

and so on but such LGPL exceptions look more like a clarification
point than a thing not already covered by LGPL.

I really don't see the point of comments like "If you statically link
a LGPL library, then the application itself must be LGPL. We have had
our lawyer double-check on this in the past. Dynamically linking to a
LGPL library is the only way to avoid becoming LGPL", presented in

the

stackoverflow link [5] you provided.

Could you elaborate a bit why this is not practically doable or
legally incorrect?


Hi Sandro,

no I can't. I was just rephrasing what I read in some sources online
and asking here for educated opinions on if this interpretation is
right or wrong. Thanks for taking the time to "debunk" some of the
myths floating around.

Do you see it the same way in regards to the usage of templates in C++
libraries licensed under the LGPL? Is this also a "non-issue" in the
end?


I think all of this is pretty much a non issue. You are looking at this 
from the position of an engineer. But licenses are legal-speech and 
would be interpreted by a judge. Most likely a judge does not have the 
technical knowledge to understand the differences.


It is very unlikely that a judge would understand the implications of 
different linker flags (static vs. dynamic linking). Anybody without a 
high technical background won't understand that. What matters more is 
the intention of the license. And that is clear. It's the "lesser" gpl. 
And it would be interpreted like that. The (l)gpl was written with C in 
mind. Adapting it to other languages is difficult for us, but probably 
not for a legal person. A template library is a library. That it is kind 
of static linking is an implementation detail. And here the intention 
matters: if one would have wanted the gpl restrictions one would choose 
gpl as license. But using lgpl clearly states that one doesn't want the 
gpl restrictions to hold.


Granted all of that has not been tested in a court. Thus if one wants to 
be clear it might make sense to dual license or use class path 
exceptions, etc. But for our frameworks it's a non issue as we always 
stated the intention: allow users of Qt's commercial license to use our 
libraries. If a copyright holder would turn into a McHardy he would 
hopefully lose at court, especially if we as the community would 
contradict the claims.


Cheers and IANAL
Martin


Re: KDE Apps name trademarks

2020-07-08 Thread Martin Floeser

Am 2020-07-08 20:45, schrieb Jack:

On 2020.07.08 14:20, Ben Cooksley wrote:

On Thu, Jul 9, 2020 at 6:09 AM Christoph Cullmann
 wrote:
>
> On 2020-07-08 18:12, Jonathan Riddell wrote:
> > Recently we've noticed some KDE apps ending up on the Microsoft
Store
> > uploaded by unknown third parties.  Maybe to up some credit score
for
> > their developer account.  Maybe to install bitcoin  miners.  We
don't
> > know the motivations.  Since it's all free software the licence
allows
> > it.
>
> Hi,
>
> have you some links to these applications?

I believe Jonathan will be referring to
https://www.microsoft.com/en-gb/p/kdiff-3-diff-utility/9ndvvx243rfh?activetab=pivot:overviewtab#

If I follow that link, and click for the US version, I see KDiff3 for
sale at $4.99.  Does the license actually allow charging?  (I wonder
how that is split between MS and the uploader.)


GPLv3 Section 6 d
"Convey the object code by offering access from a designated place 
(gratis or for a charge), and offer equivalent access to the 
Corresponding Source in the same way through the same place at no 
further charge. "


So yes, charging is fine, not providing the source code looks to me like 
a GPL violation. And I think that puts the ball to KDE e.V. board to 
contact Microsoft.


Cheers
Martin


Re: KDE Apps name trademarks

2020-07-08 Thread Martin Floeser

Am 2020-07-08 18:12, schrieb Jonathan Riddell:

Recently we've noticed some KDE apps ending up on the Microsoft Store
uploaded by unknown third parties.  Maybe to up some credit score for
their developer account.  Maybe to install bitcoin  miners.  We don't
know the motivations.  Since it's all free software the licence allows
it.


Honestly I don't think we should try to get software from Microsoft 
Store based on trademark. As you already notice our license allows this. 
And even more on Linux it's the normal way that someone else distributes 
our software. Back in the days SuSE even sold our software. It's even 
common that our distributors apply patches to our software. So we 
shouldn't treat the Microsoft Store different to Linux distributions.


Granted I consider it as a huge problem that the Microsoft Store might 
contain copies of our software with malware. But to that we have 
solutions: the GPL. We can demand the source code from those 
distributors. If they don't comply: even better, than we have something! 
If they comply and our software is reproducible, we can verify that the 
uploaded binary is not tampered with (and that it doesn't comply to 
GPL). Yes, that puts work on our shoulders. If our software doesn't 
build reproducible, we need to fix that.


Otherwise I suggest that we bring all our software in the Microsoft 
Store to ensure we at least uploaded it. If we have it uploaded and 
someone else uploads it as well, we can still ask Microsoft to do 
something about it. I hope that Microsoft is interested in not 
distributing malware and removes copies of open source projects or adds 
links to the original authors. After all Microsoft really tries to be on 
the good side currently, so we should try ;-)


Cheers
Martin