Re: Apache v. GPL

2000-04-12 Thread Martin Konold

On Tue, 11 Apr 2000, W. Yip wrote:

 My final question is this. When literature mentions 'compatibility', do
 they refer to compatibility of licenses in a situation involving:

According to RMS the _only_ way to become compatible to the GPL is to
allow for conversion to the GPL. Any restriction which disallows
conversion to pure unmodified GPL (incl. additional acknowledge
requirements) lead to incompatibility with the GPL. 

GPL is in the above interpretation _very_ intolerant and restrictive.

Regards,
-- martin

// Martin Konold, Stauffenbergstr. 107, 72074 Tuebingen, Germany  //   
KDE:  The most advanced GUI for a reliable OS.




Re: Apache v. GPL

2000-04-11 Thread Seth David Schoen

W. Yip writes:

 Hi. I have some trouble grasping why Apache license is incompatible with
 the GPL.
 
 Is it because of the naming restrictions in Apache constituting additional
 restrictions that are prohibited by the GPL? Or is it because of:
 
 
 Redistributions of any form whatsoever must retain the following
  *acknowledgment:
  *"This product includes software developed by the Apache Group
  *for use in the Apache HTTP server project (http://www.apache.org/)."
 
 
 The above sounds like the obnoxious advert clause in the dreaded 'old-BSD'.
 
 Then again, how does an advertisement clause such as the above amount to
 incompatibility with GPL?

The GPL requires people relying on its permissions to grant the same
permissions to others in order to distribute code.

The GPL gives you permission to distribute with no advertising clause, so
if you distribute with a requirement to retain an advertising clause,
you have not successfully

cause[d] any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.

and you may also be in trouble because

[y]ou may not impose any further restrictions on the recipients'
exercise of the rights granted herein.

The conventional view on GPL compatibility, which has been disputed
sometimes, is that a license must be strictly less restrictive than
the GPL in every regard, or else allow sublicensing under the GPL,
in order to be GPL-compatible.

I shouldn't say "or else" -- because of the passages quoted above, we
can argue that "strictly less restrictive than the GPL in every
regard" _implies_ allowing sublicensing or dual licensing under the GPL.
And that is what the GPL expects.

 My final question is this. When literature mentions 'compatibility', do
 they refer to compatibility of licenses in a situation involving:
 
 (i) dual licensing (eg. Perl under both Artistic and GPL); or

It seems unlikely that a license would be successful in the free software
world if it attempted to prohibit dual licensing, so no.

 (ii) intermixing of code released under different licenses.

Yes -- as Jim Dennis said yesterday, "the ability to merge two projects"
into one, or to excerpt code from one project and re-use it in another,
releasing the end result to the public as a free software program.

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5



Re: Apache v. GPL

2000-04-11 Thread John Cowan

"W. Yip" wrote:

 Is it because of the naming restrictions in Apache constituting additional
 restrictions that are prohibited by the GPL?

No, the GPL can survive that.

 Or is it because of:
 
 
 Redistributions of any form whatsoever must retain the following
  *acknowledgment:
  *"This product includes software developed by the Apache Group
  *for use in the Apache HTTP server project (http://www.apache.org/)."
 
 
 The above sounds like the obnoxious advert clause in the dreaded 'old-BSD'.

Yes, and it is in essence the same restriction.

 Then again, how does an advertisement clause such as the above amount to
 incompatibility with GPL?

Clause 6 says:

# You may not impose any further restrictions on the recipients' exercise
# of the rights granted herein.

Consider a program X that derives from Apache/old-BSD licensed code A and GNU
licensed code G.  Using G requires that X be distributed with a license no more
restrictive than the GPL; in other words, it may not impose restrictions that
the GPL does not impose.  Using A imposes the restriction that every copy of X
must contain the ad from A.

These requirements being contradictory, X may not be distributed at all.
 
 My final question is this. When literature mentions 'compatibility', do
 they refer to compatibility of licenses in a situation involving:
 
 (i) dual licensing (eg. Perl under both Artistic and GPL); or
 (ii) intermixing of code released under different licenses.

(ii).

-- 

Schlingt dreifach einen Kreis um dies! || John Cowan [EMAIL PROTECTED]
Schliesst euer Aug vor heiliger Schau,  || http://www.reutershealth.com
Denn er genoss vom Honig-Tau,   || http://www.ccil.org/~cowan
Und trank die Milch vom Paradies.-- Coleridge (tr. Politzer)



Re: Apache v. GPL

2000-04-11 Thread John Cowan

Seth David Schoen wrote:

 It seems unlikely that a license would be successful in the free software
 world if it attempted to prohibit dual licensing, so no.

Indeed, it would be nonsense.  Nobody but the author can license code
under any particular license, so saying "I license my code under license
X and no other" is a promise to one's self alone.
 
-- 

Schlingt dreifach einen Kreis um dies! || John Cowan [EMAIL PROTECTED]
Schliesst euer Aug vor heiliger Schau,  || http://www.reutershealth.com
Denn er genoss vom Honig-Tau,   || http://www.ccil.org/~cowan
Und trank die Milch vom Paradies.-- Coleridge (tr. Politzer)



Re: Apache v. GPL

2000-04-11 Thread Rodent of Unusual Size

I should point out that V1.1 of the Apache licence has followed the
model of new-BSD; see http://www.apache.org/LICENSE.

Is this new licence now GPL-compatible?
-- 
#kenP-)}

Ken Coarhttp://Golux.Com/coar/
Apache Software Foundation  http://www.apache.org/
"Apache Server for Dummies" http://Apache-Server.Com/
"Apache Server Unleashed"   http://ApacheUnleashed.Com/



Re: Apache v. GPL

2000-04-11 Thread Brian Behlendorf

On Tue, 11 Apr 2000, Rodent of Unusual Size wrote:
 I should point out that V1.1 of the Apache licence has followed the
 model of new-BSD; see http://www.apache.org/LICENSE.

Note that this new license has only been applied to the current tree,
both 1.3 branch and 2.0 branch; apache 1.3.12 and previous releases are
all under the older license.  Also, the Jakarta and XML Apache projects
have been using this new license since their initial releases.  I'm not
sure if mod_perl has picked this up yet, nor mod_jserv.

 Is this new licence now GPL-compatible?

When I asked Stallman he said he found it much less troublesome than the
older one, but didn't issue an official declaration or anything.  

Brian





Re: Apache v. GPL

2000-04-11 Thread Seth David Schoen

John Cowan writes:

 Seth David Schoen wrote:
 
  It seems unlikely that a license would be successful in the free software
  world if it attempted to prohibit dual licensing, so no.
 
 Indeed, it would be nonsense.  Nobody but the author can license code
 under any particular license, so saying "I license my code under license
 X and no other" is a promise to one's self alone.

I'm thinking of something like this:

If the copyright holder of this package has granted permission
to anyone to redistribute it under the copyright laws on any
terms other than these, or by any instrument other than this
license, then this permission is void, and you have no right
under this license to distribute the software.

In other words, a license could get so offended when an author
dual-licensed some code that it cancels itself. :-)

So it should be possible to have a license which is resistent to use
in dual licensing situations.  The author of the licensed code wouldn't
be prohibited from granting the permissions; instead, one of the
permission grants, by its own terms, might be inoperative.

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5



Re: Apache v. GPL

2000-04-11 Thread Andrew J Bromage

G'day all.

W. Yip writes:

  Then again, how does an advertisement clause such as the above amount to
  incompatibility with GPL?

On Tue, Apr 11, 2000 at 09:13:21AM -0700, Seth David Schoen wrote:

 The GPL requires people relying on its permissions to grant the same
 permissions to others in order to distribute code.

Of course the copyright holder does not rely on any permissions in
order to distribute their own code.  If I create GPL'd code which I
attempt to combine with pre-existing Apache-licensed code, I am not
bound by the GPL on my own code.  That suggests that for me the two
licenses are "compatible", doesn't it?  I may have effectively stopped
others from redistributing my code, of course, but that's my fault for
choosing an "incompatible" licence.

Cheers,
Andrew Bromage