Re: [License-discuss] Category B licenses at Apache

2015-08-26 Thread David Woolley

On 26/08/15 01:45, Tzeng, Nigel H. wrote:

Larry,

Scenario A:   I’m looking for an example in my codebase on how to do Foo
(of course) and I find a code snippet to do roughly what I want.  I cut
and paste it into where I need it, modify it slightly and move on.
  Developers do this all the time.


The purpose of open source is to allow them to do this legally.  Coders 
who do this all the time on published code that doesn't have an open 
source type licence are continually infringing copyright.


One of the main reasons for the GPL is to ensure a large pool of code 
that cane be re-used and re-purposed, whilst, at the same time ensuring 
that the resulting code goes back into the pool.


Scenario B:  I am debugging some code and find a spot where an if test
should be = bar rather than  bar.  I fix it while inside the debugger


That change is going to have insufficient creative content to have any 
copyright associated with it.  So all you have demonstrated there is 
that your organisation's configuration control procedures are broken and 
their ISO 9000 status may need revoking.  In any case, typical copyleft 
licences permit the use of modified versions within an organisation.



without realizing that it was in the Category B module.  Since I’m
modifying the Apache product quite a bit anyway was not immediately
obvious that when I checked my changes into the local repo for the
Apache product that I made a change in the Category B module.  Maybe I
simply never knew or had forgotten that I had to be aware there was a
category B module.


I believe another intent of the GPL Is that people should be able to 
debug and repair the code that they possess.





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Re: [License-discuss] Option to fall back from GPL to ASL

2015-08-26 Thread David Woolley

On 25/08/15 22:26, Richard Eckart de Castilho wrote:

The vendors of BAR also offer a commercial license for BAR. If somebody buys 
that license, we want them to be able to use FOO under the commercial-friendly 
ASL terms without having to give them any extra permission. Right now, those 
people would still face the GPL label on FOO even though they removed it for 
themselves from BAR by buying a license.


This only becomes an issue if they want to redistribute the code linked 
against BAR, or want to redistribute a version of the code that only 
works with BAR.  The GPL does not restrict modification or linking 
within an organisation.  It's intent is only to ensure that when it is 
passed to a third party they can modify and rebuild it without being 
forced to pay for other licences and without being dependent on code 
that they are unable to see or modify.

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Re: [License-discuss] Option to fall back from GPL to ASL

2015-08-26 Thread Kevin Fleming
Also, in this situation, the copyright holders of BAR (and thus the
licensors) are the parties that would have standing to pursue any action
against a distributor who distributes a derivative work of BAR without
following the terms of its license (the GPL, or a commercial license). If
someone has licensed BAR under a commercial license, and then wants to
distribute BAR with FOO under non-GPL terms, the licensors of BAR would
presumably not attempt to enforce the GPL's terms, since they know they
have granted a commercial license. This assumes that the commercial license
even allows distribution of BAR; it probably does not. In that case, there
is no distribution, only 'use', and as David Woolley said, users are free
to combine works in any way they wish for their own use, regardless of the
open source licenses on those works.

On Wed, Aug 26, 2015 at 2:57 AM, David Woolley for...@david-woolley.me.uk
wrote:

 On 25/08/15 22:26, Richard Eckart de Castilho wrote:

 The vendors of BAR also offer a commercial license for BAR. If somebody
 buys that license, we want them to be able to use FOO under the
 commercial-friendly ASL terms without having to give them any extra
 permission. Right now, those people would still face the GPL label on FOO
 even though they removed it for themselves from BAR by buying a license.


 This only becomes an issue if they want to redistribute the code linked
 against BAR, or want to redistribute a version of the code that only works
 with BAR.  The GPL does not restrict modification or linking within an
 organisation.  It's intent is only to ensure that when it is passed to a
 third party they can modify and rebuild it without being forced to pay for
 other licences and without being dependent on code that they are unable to
 see or modify.

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Re: [License-discuss] Companies that encourage license violations

2015-08-26 Thread Kevin Fleming
On Fri, Aug 21, 2015 at 3:19 PM, Chris Ochs ch...@ochsnet.com wrote:

 Some of these addons are themselves open source.  The majority of the time
 the authors of these are not including the open source license.  Which I
 think is legally ok, I'm guessing it actually just creates a dual license,
 but not an attorney so not sure on this.



Snip:
Some of these addons are themselves open source.  The majority of the time
the authors of these are not including the open source license.  Which I
think is legally ok, I'm guessing it actually just creates a dual license,
but not an attorney so not sure on this.

How do you know they are 'open source' if they don't include an open source
license? Are the completely original works, or do they contain works from
others that are distributed under open source licenses?
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