Re: Qt and the GPL

2000-09-06 Thread David Johnson

On Tue, 05 Sep 2000, [EMAIL PROTECTED] wrote:

  Not according to Stallman, there are issues with other clauses.  This is a
  popular misconception.
  
  http://lists.debian.org/debian-legal-0006/msg00119.html
 
 This appears to be specific to the Apache license.  Cf the FSF license
 discussion page for the modified BSD license:
 http://www.fsf.org/philosophy/license-list.html

Well, RMS says that Apache License clause 4 is incompatible, which is
nearly identical to the BSD clause 3. The reason these are incompatible
is because they are additional restrictions. These are rather
inconsequential conditions, but nonetheless, they are in addition to
those in the GPL. 

Why RMS says the new BSD License is compatible, but the Apache License
is not, is beyond me. Perhaps he included clause 4 along with clause 5
by mistake. Or maybe he is referring to a different version of the
by mistake. We all make mistakes sometimes :-)

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-06 Thread Rick Moen

begin David Johnson quotation:

 The work _as_a_whole_ must be under the GPL, but the individual
 components don't have to be so long as they fulfill the GPL's
 distribution requirements.

That is correct.  I was speaking of the combined work.  (There are
several key terms in the GNU GPL:  linking, derived work, distribution.
My post addressed licencing of the hypthesised derived work.)
 
 Okay, two things. Copyright law does not normally allow the recipient
 to change the terms of copyright or licensing. The author must give
 permission to do that.

That is not a relevant objection:  I was speaking of the combined work's 
licence.

-- 
Cheers,   "Teach a man to make fire, and he will be warm 
Rick Moen for a day.  Set a man on fire, and he will be warm
[EMAIL PROTECTED]   for the rest of his life."   -- John A. Hrastar



Re: Qt and the GPL

2000-09-06 Thread David Johnson

On Wed, 06 Sep 2000, Rick Moen wrote:
 begin David Johnson quotation:
 
  The work _as_a_whole_ must be under the GPL, but the individual
  components don't have to be so long as they fulfill the GPL's
  distribution requirements.
 
 That is correct.  I was speaking of the combined work. 

I misunderstood you. It appears that we are on the same page after all
:-)

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-05 Thread David Johnson

On Mon, 04 Sep 2000, [EMAIL PROTECTED] wrote:

  The reason it would have been impossible is that it would cause a huge
  number of Qt based applications, including major portions of KDE, be
  become illegal. With a GPL/Proprietary dual-license one has to either
  write a GPL application or pay for a license. This would leave all of
  the BSD, MIT, Artistic and even LGPL authors out in the cold.
 
 No.  BSD, MIT, Artistic, and LGPL are all convertible to GPL.  You'd
 leave out those people who were using these licenses to interoperate
 with software licensed under non-GPL terms as a single work.

Hmmm, this isn't how I understand it. One can link from a GPL
application to a BSD library, but not from a BSD application to a GPL
library. This is because the application is a derivative of the
library according to the GPL, and all derivatives of GPL code have to
be GPL as well. 

In any case, it would also leave out the MPL and QPL users, of which
there is a significant number of the latter.

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-05 Thread kmself

On Tue, Sep 05, 2000 at 01:29:36AM -0500, Nelson Rush wrote:
 Are you kidding? The fact that Sun is actually going to, let alone actually
 considered to, release Star Office under the GPL is more than a mere, "How
 do you do?" It's quite astounding, and in fact quite improbable.

StarOffice is not Solaris.  It isn't even Java, by a long shot.

Yes, release under the GPL is very noteworthy.  Dual (actually triple)
licensing under SISSL, GPL, and LGPL is more so.  But there is a
distinction I'm making between acceptance of the license in a corporate
sense and betting the fscking farm on it.  Sun's adopted.  The farm
remains to be bid.

 And if you think that Star Office isn't that important to Sun I think
 you're wrong. They want to compete directly with MS Office, I think
 this is why they chose to GPL it.

But they're building, not risking, a market in doing so.  Troll is
putting the business on the line.  Sun is lifting a finger to MSFT.  The
goal *isn't* competition in the Office market, it's destroying MSFT's OS
market.

 I think they knew that for SO to be widely popular they had to
 distribute it quickly. 

Agreed.  Common knowledge.  Testimony during MSFT v. DoJ:  New consumer
software must distribute 1m copies *free* to gains sufficient mindshare
to produce a viable market.

 Also, consider that major profits can still be made off it even though
 people have the right to redistribute freely.  RedHat, etc., point in
 case. 

Disputed.  SO is worth more in SPARC sales than it is in SO boxed sets,
by orders of magnitude.  

And the Office Suite is Dead (tm).  A posthumously written essay of
mine.  Key point:  the suite served a marketing problem (how do I sell
mediocre SW bar and baz with decent SW foo, and cannibalize my
competition's market at the same time -- see _Information Rules_ by
Shapiro and Varian (http://www.inforules.com/) for more information on
tying and bundling).  

When the product is no longer monetized, the bundling is no longer
strategic.  Sun's first architectural announcement WRT SO was that they
were disaggregating it -- pulling out the desktop and making it seperate
apps.

 I also think they saw the value in embracing free software, since it
 gets a company noticed by the techies at large. 

Yes.

 And, last but not least it gives them leverage in the Gnome open
 office effort. 

Yes.  Pity as IMO AbiWord is the better designed project (KISS).

 In addition, I'm sure there are workers at Sun who really like free
 software. They probably use a great deal of the stuff.

I know several of them.  Similar sentiments to those expressed
elsewhere:  "My first allegience is to foo technology, Sun just pays the
bills".  I've heard that from a number of sources, both at Sun and other
companies.  And the companies acknowledge this.  The big current fight
is Java licensing.  Solaris is next after that.  Event dates are likely
targets, mark ALS and LWE/New York on your calendar.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
 Sent: Tuesday, September 05, 2000 12:42 AM
 To: License-Discuss
 Subject: Re: Qt and the GPL
 
 
 On Mon, Sep 04, 2000 at 05:57:53PM -0700, David Johnson wrote:
  On Mon, 04 Sep 2000, Nelson Rush wrote:
   I mentioned the idea of triple licensing (or dual licensing) qt in
   this way in June to Trolltech. They told me where I could stick it
   then and it looks like they've reconsidered it now.
 
  You also have to consider the history of Trolltech. Everytime they have
  taken one step forward, huge sectors of the community have jumped
  them enmass and bitched that they didn't take a big enough step.
 
 It could have been worse -- they could be Sun.
 
 Note that both Troll and Sun have come around to at least a partial
 embrace of the GPL (I'd say Troll's taken the larger step -- Qt is a
 bigger part of their business by orders of magnitude than StarOffice is
 of Sun's).  The problem was with Troll, KDE, and Sun making noises that
 they were in fact:
 
1). OSI/OpenSource
2). GPL compatible, and/or
3). Unfairly persecuted
 
 ...which IMO really crossed up a lot of folks.  If you want to play the
 FS/OS game, play it.  If you want to be close, but not quite, there,
 then 'fess up.  BitMover (BitKeeper License) is an example of the other.
 Larry McVoy unabashadly says it's not OSI Open Source certified, but
 it's close enough.  Larry's also trying to make a buck, and by reports,
 he's at least moderately successful.  KDE and Sun were trying to
 hand-wave the problem away, and we're sorry, but that just didn't work.
 We're now seeing substantive change.  Yes, it would have been nice to
 see it six, nine, twelve, eighteen months ago, but
 
  Letting people use the library with no cost for OSS wasn't good enough
  (and it wasn't). Changing to a OSS license wasn't good enough.
  Considering a GPL-compatible v2 of the QPL wasn't good enough.
 
 I'd have a difference of opinion here.  A GPL-compatible l

Re: Qt and the GPL

2000-09-05 Thread kmself

On Mon, Sep 04, 2000 at 11:34:31PM -0700, David Johnson wrote:
 On Mon, 04 Sep 2000, [EMAIL PROTECTED] wrote:
 
   The reason it would have been impossible is that it would cause a huge
   number of Qt based applications, including major portions of KDE, be
   become illegal. With a GPL/Proprietary dual-license one has to either
   write a GPL application or pay for a license. This would leave all of
   the BSD, MIT, Artistic and even LGPL authors out in the cold.
  
  No.  BSD, MIT, Artistic, and LGPL are all convertible to GPL.  You'd
  leave out those people who were using these licenses to interoperate
  with software licensed under non-GPL terms as a single work.
 
 Hmmm, this isn't how I understand it. One can link from a GPL
 application to a BSD library, but not from a BSD application to a GPL
 library. This is because the application is a derivative of the
 library according to the GPL, and all derivatives of GPL code have to
 be GPL as well. 

The BSD SW would convert to GPL, which is allowable if it doesn't
contain the advertising clause.

 In any case, it would also leave out the MPL and QPL users, of which
 there is a significant number of the latter.

Yes, but you didn't mention these g.

-- 
Karsten M. Self [EMAIL PROTECTED] http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0

 PGP signature


RE: Qt and the GPL

2000-09-05 Thread Lou Grinzo

This latest exchange points out one of the most troubling aspects of
software licensing--even many of the people who care about such 
issues and closely read the licenses can't always agree on exactly what
is and isn't allowed.

In this case, I think it would help everyone a great deal if the FSF added 
a page to their web site that simply enumerated all the combinations of
ways to statically and dynamically link free and non-free software to
create free and non-free software, and then indicate whether the GPL
and LGPL allow or forbid it.  (A sentence or two of explanation might 
also be a good idea, for some cases.)



Lou


-Original Message-
From: David Johnson [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, September 05, 2000 2:35 AM
To: [EMAIL PROTECTED]; License-Discuss
Subject: Re: Qt and the GPL

On Mon, 04 Sep 2000, [EMAIL PROTECTED] wrote:

  The reason it would have been impossible is that it would cause a huge
  number of Qt based applications, including major portions of KDE, be
  become illegal. With a GPL/Proprietary dual-license one has to either
  write a GPL application or pay for a license. This would leave all of
  the BSD, MIT, Artistic and even LGPL authors out in the cold.

 No.  BSD, MIT, Artistic, and LGPL are all convertible to GPL.  You'd
 leave out those people who were using these licenses to interoperate
 with software licensed under non-GPL terms as a single work.

Hmmm, this isn't how I understand it. One can link from a GPL
application to a BSD library, but not from a BSD application to a GPL
library. This is because the application is a derivative of the
library according to the GPL, and all derivatives of GPL code have to
be GPL as well.

In any case, it would also leave out the MPL and QPL users, of which
there is a significant number of the latter.

--
David Johnson
_
http://www.usermode.org




Re: Qt and the GPL

2000-09-05 Thread kmself

No need to cc: me. I'm on the list.

On Tue, Sep 05, 2000 at 07:39:34AM -0400, Lou Grinzo wrote:
 This latest exchange points out one of the most troubling aspects of
 software licensing--even many of the people who care about such 
 issues and closely read the licenses can't always agree on exactly what
 is and isn't allowed.
 
 In this case, I think it would help everyone a great deal if the FSF added 
 a page to their web site that simply enumerated all the combinations of
 ways to statically and dynamically link free and non-free software to
 create free and non-free software, and then indicate whether the GPL
 and LGPL allow or forbid it.  (A sentence or two of explanation might 
 also be a good idea, for some cases.)

You mean like:  http://www.fsf.org/philosophy/license-list.html ? 

-- 
Karsten M. Self [EMAIL PROTECTED] http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0

 PGP signature


Re: Qt and the GPL

2000-09-05 Thread Brian Behlendorf

On Tue, 5 Sep 2000 [EMAIL PROTECTED] wrote:
 The BSD SW would convert to GPL, which is allowable if it doesn't
 contain the advertising clause.

Not according to Stallman, there are issues with other clauses.  This is a
popular misconception.

http://lists.debian.org/debian-legal-0006/msg00119.html

Brian





Re: Qt and the GPL

2000-09-05 Thread Paul Crowley

David Johnson [EMAIL PROTECTED] writes:
 Considering a GPL-compatible v2 of the QPL wasn't good enough.

Eh?  Who would not have been satisfied with a genuinely GPL-compatible 
QPL?
-- 
  __
\/ o\ Employ me! Cryptology, security, Perl, Linux, TCP/IP, and smarts.
/\__/ [EMAIL PROTECTED]http://www.cluefactory.org.uk/paul/cv/



Re: Qt and the GPL

2000-09-05 Thread David Johnson

On Tue, 05 Sep 2000, [EMAIL PROTECTED] wrote:

   No.  BSD, MIT, Artistic, and LGPL are all convertible to GPL.  You'd
   leave out those people who were using these licenses to interoperate
   with software licensed under non-GPL terms as a single work.
  
  Hmmm, this isn't how I understand it. One can link from a GPL
  application to a BSD library, but not from a BSD application to a GPL
  library. This is because the application is a derivative of the
  library according to the GPL, and all derivatives of GPL code have to
  be GPL as well. 
 
 The BSD SW would convert to GPL, which is allowable if it doesn't
 contain the advertising clause.

Okay, followup question. If a BSD application automatically converts to
the GPL by linking to a GPL library, can the application still be
distributed under the BSD license? Second follow up. Does this mean
that another party can change my license to the GPL against my wishes
by merely linking my code to a GPL library? I thought (and still
believe) that only the copyright holder can change the license.

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-05 Thread Rick Moen

begin David Johnson quotation:
 
 Okay, followup question. If a BSD application automatically converts
 to the GPL by linking to a GPL library, can the application still be
 distributed under the BSD license?

A licence adheres to a particular _copy_ of a copyrighted work.  Take a
third party's BSD-licenced application and link it against a GPLed
library, and the resulting composite work can be distributed only under
the GNU GPL, as a result of the library's licence (absent separate
permission from the copyright holder).

Meanwhile, the original application copy, sans GPLed library, remains
distributable under its original BSD-type licence.

 Second follow up. Does this mean that another party can change my
 license to the GPL against my wishes by merely linking my code to a
 GPL library?

As to that _copy_, he can indeed create a composite work that legally
cannot be distributed except under the GNU GPL (absent separate
permission).  However, you are contradicting yourself in asserting that
this is "against your wishes".  You would have embodied your wishes in
the terms of the BSD-style licence you chose for public usage of your
creation.

Presumably, you would have _read_ that licence before using it:
http://opensource.org/licenses/bsd-license.html   The operative clause
says "Redistribution and use in source and binary forms, with or without
modification, are permitted"  Note the _extremely_ broad set of
permissions it grants.

 I thought (and still believe) that only the copyright holder can
 change the license.

As copyright holder, you can grant the public rights to do many things,
including appropriate copies of your work for other purposes under other
licences.  If you don't want to grant such rights, don't use a licence
that confers them.

-- 
Cheers,   "Teach a man to make fire, and he will be warm 
Rick Moen for a day.  Set a man on fire, and he will be warm
[EMAIL PROTECTED]   for the rest of his life."   -- John A. Hrastar



Re: Qt and the GPL

2000-09-05 Thread David Johnson

On Tue, 05 Sep 2000, Rick Moen wrote:
 begin David Johnson quotation:
  
  Okay, followup question. If a BSD application automatically converts
  to the GPL by linking to a GPL library, can the application still be
  distributed under the BSD license?
 
 A licence adheres to a particular _copy_ of a copyrighted work. 

Okay, slow down. I need to digest this.

Okay, I'll buy it. I can issue one copy under the BSD, another under
the GPL, and yet a third under a proprietary license. But whether
another party can is a different matter...

 ... Take a
 third party's BSD-licenced application and link it against a GPLed
 library, and the resulting composite work can be distributed only under
 the GNU GPL, as a result of the library's licence (absent separate
 permission from the copyright holder).

The work _as_a_whole_ must be under the GPL, but the individual
components don't have to be so long as they fulfill the GPL's
distribution requirements.

 Presumably, you would have _read_ that licence before using it:
 http://opensource.org/licenses/bsd-license.html   The operative clause
 says "Redistribution and use in source and binary forms, with or without
 modification, are permitted"  Note the _extremely_ broad set of
 permissions it grants.

Okay, two things. Copyright law does not normally allow the recipient to
change the terms of copyright or licensing. The author must give 
permission to do that. Since the BSD license does not explicitly grant
that right it does not belong to the user. A broad set of permissions
to "redistribute and use" does not include license modification.

Second, just after the clause you quote there follows "...provided that
the following conditions are met". Those conditions say that you must
"retain the above copyright notice, this list of conditions and the
following disclaimer." Even if the license allowed you to add stuff to
it, you cannot take these conditions away. It's a requirement that you
keep them.

So even if a user receives a package that contains BSD
licensed files, but is licensed as a whole under the GPL, he still has
the explicit permission to take those BSD files and redistribute them
under the terms of the BSD license. At the most, these files would be
considered akin to dual-licensed.

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-05 Thread David Johnson

On Tue, 05 Sep 2000, John Cowan wrote:
 On Tue, 5 Sep 2000, David Johnson wrote:
 
  Okay, followup question. If a BSD application automatically converts to
  the GPL by linking to a GPL library, can the application still be
  distributed under the BSD license?
 
 The application without the library of course is distributable under
 its own BSD license.  The combined application can be distributed
 only under the GPL.

Okay, that's the way I understood it. However, is it really a
"combined" application? Am I allowed to distribute the application by
itself, or must I actually bundle the application and the library
together?

Does anyone have any examples of BSD applications linking to GPL
libraries in real life?

-- 
David Johnson
_
http://www.usermode.org



Re: Qt and the GPL

2000-09-05 Thread kmself

On Tue, Sep 05, 2000 at 03:54:49PM -0700, Brian Behlendorf ([EMAIL PROTECTED]) wrote:
 On Tue, 5 Sep 2000 [EMAIL PROTECTED] wrote:
  The BSD SW would convert to GPL, which is allowable if it doesn't
  contain the advertising clause.
 
 Not according to Stallman, there are issues with other clauses.  This is a
 popular misconception.
 
 http://lists.debian.org/debian-legal-0006/msg00119.html

This appears to be specific to the Apache license.  Cf the FSF license
discussion page for the modified BSD license:
http://www.fsf.org/philosophy/license-list.html

-- 
Karsten M. Self [EMAIL PROTECTED] http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0

 PGP signature


Re: Qt and the GPL

2000-09-04 Thread kmself

On Mon, Sep 04, 2000 at 03:35:22PM -0700, David Johnson wrote:
 On Mon, 04 Sep 2000, [EMAIL PROTECTED] wrote:
 
   If there will be separate versions (and I hope there won't), then this
   will be the first time (that I am aware of) that a GPLd library will
   be available with an identical non-GPL version. 
  
  Not quite.  Apache has dualed Artistic and GPL licenses for some time.

My bad.  I was thinking Perl, not Apache.  Apache is BSD (advertising
clause).

-- 
Karsten M. Self [EMAIL PROTECTED] http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0

 PGP signature


Re: Qt and the GPL

2000-09-04 Thread kmself

On Mon, Sep 04, 2000 at 05:57:53PM -0700, David Johnson wrote:
 On Mon, 04 Sep 2000, Nelson Rush wrote:
  I mentioned the idea of triple licensing (or dual licensing) qt in this way
  in June to Trolltech. They told me where I could stick it then and it looks
  like they've reconsidered it now.
 
 You also have to consider the history of Trolltech. Everytime they have
 taken one step forward, huge sectors of the community have jumped
 them enmass and bitched that they didn't take a big enough step. 

It could have been worse -- they could be Sun.

Note that both Troll and Sun have come around to at least a partial
embrace of the GPL (I'd say Troll's taken the larger step -- Qt is a
bigger part of their business by orders of magnitude than StarOffice is
of Sun's).  The problem was with Troll, KDE, and Sun making noises that
they were in fact:

   1). OSI/OpenSource
   2). GPL compatible, and/or
   3). Unfairly persecuted

...which IMO really crossed up a lot of folks.  If you want to play the
FS/OS game, play it.  If you want to be close, but not quite, there,
then 'fess up.  BitMover (BitKeeper License) is an example of the other.
Larry McVoy unabashadly says it's not OSI Open Source certified, but
it's close enough.  Larry's also trying to make a buck, and by reports,
he's at least moderately successful.  KDE and Sun were trying to
hand-wave the problem away, and we're sorry, but that just didn't work.
We're now seeing substantive change.  Yes, it would have been nice to
see it six, nine, twelve, eighteen months ago, but

 Letting people use the library with no cost for OSS wasn't good enough
 (and it wasn't). Changing to a OSS license wasn't good enough.
 Considering a GPL-compatible v2 of the QPL wasn't good enough. 

I'd have a difference of opinion here.  A GPL-compatible license
(essentially:  a GPL-convertible license) would be good enough for me.
But it would have to be what it said it was.

 The reason it would have been impossible is that it would cause a huge
 number of Qt based applications, including major portions of KDE, be
 become illegal. With a GPL/Proprietary dual-license one has to either
 write a GPL application or pay for a license. This would leave all of
 the BSD, MIT, Artistic and even LGPL authors out in the cold.

No.  BSD, MIT, Artistic, and LGPL are all convertible to GPL.  You'd
leave out those people who were using these licenses to interoperate
with software licensed under non-GPL terms as a single work.

 But the triple licensing is a stroke of genius the more I think about
 it. Qt is Free for Free Software, Open Source for Open Source Software
 and proprietary for proprietary software. You can't get much more
 equitable than that. If you were the one who planted this idea in their
 heads, congratulations!

Ditto, both counts.

-- 
Karsten M. Self [EMAIL PROTECTED] http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0

 PGP signature