Re: What license to pick...

2000-10-03 Thread kmself

On Mon, Oct 02, 2000 at 10:34:53AM +0200, Lionello Lunesu ([EMAIL PROTECTED]) 
wrote:
 OK, I'll 'share' my thoughts on all of these mails. : ) Thanks for all
 the helpful input by the way! I appreciate it!
 
 LL So we (my company) have decided to make our VR-toolkit open source!
 LL [...]
 LL AND we don't want other people to be able to create their
 LL own distribution of the toolkit.
 
 BB These two are inconsistant - the OSD essentially requires that others
 BB be allowed to created their own modified release of your code.
 
 OK, if this is the case, then I'll have to change the plans. I don't
 want to go open-source.. I think though that the license I'm looking for
 is out there, somewhere. But it looks like I'll be writing my own
 license agreement.  Let me describe our product (the toolkit) in more
 detail. If somebody knows some good agreements I must have a look at,
 please let me know!

Not only will you be writing your own licensing agreement, but since the
code you're looking to release won't generally be miscable with existing
free software compatibility issues don't particularly matter.  You're
stipulating conditions inconsistant with the GPL, and with the OSD.

 First of all, we need the input. I guess this sounds egoistic, but I'm
 not done yet. In return for the input, people can use it for their own
 projects.  We WANT them to use the toolkit for their own projects and I
 think they'll like it too. I know it's a long shot, but I would love it
 if it became a standard of some kind.

Flip this coin over.  What's the developer getting?  In a recent
instance, two tools, one more polished, with a head start, and on
technical merits more preferred, lost significant advantage over a
latter rival in large part because the newcomer's licensing terms both
allowed and encouraged greater participation.  My only problem is I
can't remember if I had in mind mSQL/MySQL or KDE/Gnome

 Why not GPL?  This toolkit allows 'you' to create games (or
 simulations, whatever) in no-time. It's completely object oriented and
 allows you to reuse existing components. Just putting this toolkit on
 the web (GPL/freeware) could certainly damage our business (we ARE a
 company, remember that). This is why I plan to charge for commercial
 use of the toolkit. And I think I can do this in much the same way as
 Trolltech did with their toolkit Qt.

IMO, what TrollTech did with Qt was fine, as far as it went.  Where the
line was crossed was with the KDE project insisting that Qt and the Qt
license were compatible with the GPL when it was patently clear that
they were not.  Or at least, it was sufficiently *unclear* that this was
acceptable that several major Linux distributions excluded KDE from
their packaging.

Being a proprietary or non-free software distributor is not a bad thing
in my book.  Walking the proprietary / non-free SWD walk and talking the
free software project talk is a very thin ruse.  The instance that comes
to mind is Sun, a company which still hasn't settled on its strategy WRT
free software and Linux, but whose gambits trying to call "black"
"white", particularly in the case of the SCSL, still chafe.  I'm not
wholly critical of Sun -- their record is mixed, and certain acts such
as GPLing (actually *triple* licensing) StarOffice are to be commended.

The lesson though is to tread carefully here.  The community tends not
to favor anything which appears to be deceptive tactics.

I find two general faults with the analysis you present in reaching your
conclusions:

 1. Your assessment that you cannot function as a free software
distributor in this space assumes a static market in which a
competing free software library with comparable features does not
emerge.  See again my cautions WRT KDE and mSQL.  In both instances,
a rival initially far less technically capable, but with more liberal
licensing terms, gained significantly, or surpassed altogether, the
first mover.  Note that though I don't follow the gaming market at
all, I am aware of several companies moving toward open source
positions.  I suspect this will be a growing trend.

 2. Free software isn't a one-time, do-it-all-the-way, proposition.
It's possible to pursue a proprietary strategy now and adopt a free
one later.  There are issues WRT incorporation of third-party code
at both stages -- third party code in a proprietary project
generally needs to either be cleared, bought, expunged, or
reëngineered, before the code can be released under a free software
license.  Likewise, contributed or incorporated external code in a
free software project generally can't simply be incorporated into a
proprietary release.  Maintaining all rights or ownership over the
codebase will tend to increase your options.

 Why no third-party distributions?  This one is based on my experiences
 with linux. Some years ago I wanted to install linux on a system and the
 first problem (of many to 

RE: What license to pick...

2000-10-03 Thread Lionello Lunesu

The end is near.

LER An alternative you might consider is the Aladdin Free Public License
(AFPL).

I found it at:
http://www.cs.wisc.edu/~ghost/aladdin/doc/Public.htm

Thanks for the tip! It is what I've been looking for. Distribution is
allowed but every change from the original Work must be clearly stated. I
guess that's something I can live with. : )

And- I guess I was wrong about the linux distributions, thanks for pointing
that out to me. However, I think the same problems applies to CVS (please,
don't attack me on this : ).

JC Then what you want is for people to improve your toolkit without
JC any possibility of return either in money or in reputation.

I think you got me wrong. Of course, anyone making a change (or bug fix)
will be mentioned in the 'log file'. And what's more, that person is already
_using_ the toolkit, isn't that worth something?

JC As for "[...] as long as it's not used commercially.  What they do
JC [...] is entirely up to them", that sounds self-contradictory.

Well, what I meant was that they can license their components if they want
to. It's all component based. So if a company has created a plug-in, it can
sell that plug-in. Or they can release the code for that plug-in, whatever.
I don't restrict what they should with their source code. They'll still have
to pay some fee for commercial usage of the toolkit though.

But, as mentioned above, I'm very satisfied with the AFPL, and we've already
decided to put our toolkit on our homepage with this license. This doesn't
mean however that I'm not accepting suggestions and comments! Like I've said
before, This is just to ge things started. Eventually, we may decide on a
real open-source license..

Thanks again for all your help guys!

Lionello.




RE: What license to pick...

2000-10-03 Thread John Cowan

On Tue, 3 Oct 2000, Lionello Lunesu wrote:

 But, as mentioned above, I'm very satisfied with the AFPL, and we've already
 decided to put our toolkit on our homepage with this license.

Fair enough.

 This doesn't
 mean however that I'm not accepting suggestions and comments! Like I've said
 before, This is just to ge things started. Eventually, we may decide on a
 real open-source license..

Excellent.  Please note that when Aladdin comes out with a new major release
(about every year) the previous major release goes under the GPL.  This
makes older versions of the technology Open Source.

 Thanks again for all your help guys!

De nada.  And of course, remember not to call your toolkit Open Source,
or the forty little gods will come and do the nasty on you!  :-)

-- 
John Cowan   [EMAIL PROTECTED]
One art/there is/no less/no more/All things/to do/with sparks/galore
--Douglas Hofstadter





RE: What license to pick...

2000-10-02 Thread Lionello Lunesu

OK, I'll 'share' my thoughts on all of these mails. : )
Thanks for all the helpful input by the way! I appreciate it!

LL So we (my company) have decided to make our VR-toolkit open source!
LL [...]
LL AND we don't want other people to be able to create their
LL own distribution of the toolkit.

BB These two are inconsistant - the OSD essentially requires that others
BB be allowed to created their own modified release of your code.

OK, if this is the case, then I'll have to change the plans. I don't want to
go open-source.. I think though that the license I'm looking for is out
there, somewhere. But it looks like I'll be writing my own license
agreement.
Let me describe our product (the toolkit) in more detail. If somebody knows
some good agreements I must have a look at, please let me know!


Over the past three years we (Mondo Bizzarro) have created a virtual reality
toolkit that has proven to be ideal for creating anything from utilities to
3D-games or VR-simulations. The toolkit was build with several things in
mind: simplicity, extendibility and portability. We have used it internally
for several (big) commercial products (check our webpage for a press
release). Now we want to share this toolkit with all the other coders. Why
you ask?

First of all, we need the input. I guess this sounds egoistic, but I'm not
done yet. In return for the input, people can use it for their own projects.
We WANT them to use the toolkit for their own projects and I think they'll
like it too. I know it's a long shot, but I would love it if it became a
standard of some kind.

Why not GPL?
This toolkit allows 'you' to create games (or simulations, whatever) in
no-time. It's completely object oriented and allows you to reuse existing
components. Just putting this toolkit on the web (GPL/freeware) could
certainly damage our business (we ARE a company, remember that). This is why
I plan to charge for commercial use of the toolkit. And I think I can do
this in much the same way as Trolltech did with their toolkit Qt.

Why no third-party distributions?
This one is based on my experiences with linux. Some years ago I wanted to
install linux on a system and the first problem (of many to come, may I add)
was which distribution to use. It appeared like the was no such thing as
'linux' but rather several distributions. What was even more confusing was
that these distributions were also growing apart, thus creating some level
of incompatibility. Yeah, way to go GPL.

Another big thing is that I'm looking for a license 'just to get started'. I
want to 'share' our code with the public as soon as possible, but (of
course) with the necessary protection. Once the code is 'on there' I'll
check the comments. Maybe, if our toolkit turns out to be a load of crap,
I'll look for a new job. : ) If on the other hand it CAN become a standard
for creating games on different OSes, I'll think again about GPL, if that's
the 'push' we need.

But especially in this stage, the early beginning, I don't want to throw our
precious code on the web with complete freedom.

So what am I doing here on opersource.org?
I want to go "open source". I've put it between quotes since it turns out to
be something different than what I thought. I want to share the source code
with others. They may use the source code for learning, debugging, hacking.
I want them to tell me how great it is (it is!) and possibly what could be
done in a different matter. They are allowed to mess with the code, I don't
care 'bout that. But I don't want hunderds of sites to appear, with
different versions of our toolkit and different patches and what not. (I've
had the same experience last week while looking at CVS. Way out of hand!)


To sum it all up:
 * Everyone can use our toolkit for any project they want, as long as it's
   not used commercially. What they do with their binaries and their
   source code is entirely up to them.
 * We want to be notified of any changes made in our toolkit.
 * Only we are allowed to distribute the toolkit and its updates.

I don't think I've covered all the issues, but then again, I don't think the
discussion is over yet : )

Lionello.




Re: What license to pick...

2000-10-02 Thread John Cowan

Lionello Lunesu wrote:

 So what am I doing here on opersource.org?
 I want to go "open source". I've put it between quotes since it turns out to
 be something different than what I thought. I want to share the source code
 with others. They may use the source code for learning, debugging, hacking.
 I want them to tell me how great it is (it is!) and possibly what could be
 done in a different matter. They are allowed to mess with the code, I don't
 care 'bout that.

Then what you want is for people to improve your toolkit without any possibility
of return either in money or in reputation.  You aren't likely to get much
support from the open-source community.  But perhaps what you need is not
the same as what you (think you) want.  Read on.

 But I don't want hunderds of sites to appear, with
 different versions of our toolkit and different patches and what not. (I've
 had the same experience last week while looking at CVS. Way out of hand!)
 
 To sum it all up:
  * Everyone can use our toolkit for any project they want, as long as it's
not used commercially. What they do with their binaries and their
source code is entirely up to them.
  * We want to be notified of any changes made in our toolkit.
  * Only we are allowed to distribute the toolkit and its updates.

First of all, relax and take several deep breaths.

You *will* be notified of patches anyway.  There's no need to demand legal
enforcement of this.  As part of the reputation game, hackers will *want*
to send you their improvements and hope that you incorporate them into the
standard system.

The best bet for distribution is to allow other people to distribute modified
toolkits, but trademark the name and reserve it to yourself.  This is in effect
what is done with Perl under the Artistic License: people can distribute
hacked perls, but they can't call the command "perl".  Also, there is no
reason why you shouldn't allow verbatim distribution (via CD-ROM and the like)
and every reason you should: people will be more willing to use your toolkit
if it's already on their Linux or *BSD systems.

As for "[...] as long as it's not used commercially.  What they do [...] is entirely
up to them", that sounds self-contradictory.  What rights *do* you want to
allow people to have?
 
 I don't think I've covered all the issues, but then again, I don't think the
 discussion is over yet : )

Hopefully not.

-- 
There is / one art   || John Cowan [EMAIL PROTECTED]
no more / no less|| http://www.reutershealth.com
to do / all things   || http://www.ccil.org/~cowan
with art- / lessness \\ -- Piet Hein



RE: What license to pick...

2000-10-02 Thread David Johnson

On Mon, 02 Oct 2000, Lionello Lunesu wrote:

 OK, if this is the case, then I'll have to change the plans. I don't
 want togo open-source.. I think though that the license I'm looking for
 is out there, somewhere. But it looks like I'll be writing my own
 license agreement. Let me describe our product (the toolkit) in more
 detail. If somebody knows some good agreements I must have a look at,
 please let me know!

Here are two solutions for you, pick the one you like...

A) Release it as "source code available for looking at only" software.
You won't get much usage out of it in the Open Source community
however. The only reason Trolltech managed in the earlier years was
because their library was a *very* *good* library. But they still got
megatons of flak for it until they went Open Source.

B) Release it under both the QPL and your own non-open-source license.
People who create Open Source programs will get it under an Open Source
license, and those who use it to create proprietary and closed
source programs get it under your proprietary license, possibly for a
fee. The disadvantage is that your potential revenue will be lower. The
advantage is that your code will be more widely used. An additional
advantage of the QPL versus the GPL for your particular situation is
that it still allows you some control over the product once its
released.

 This is whyI plan to charge for commercial use of the toolkit. And I
 think I can do this in much the same way as Trolltech did with their
 toolkit Qt.

Trolltech no longer does this. Perhaps you might want to ask them
why. Now you only have to purchase the license if you create
proprietary closed source applications.

 What was even more confusing wasthat these distributions were also
 growing apart, thus creating some level of incompatibility. Yeah, way
 to go GPL.

You talking about collections of varied software here, not single
packages. The Linux kernel is the same from distribution to
distribution. So are all of the base utilities and libraries. 

Do you know how many Linux packages run under FreeBSD, a completely
foreign operating system? About 99.9% of them. 

If you think having more than one choice in Linux distribution is a bad
thing, then stay far away from Open Source, because choice is what it's
all about.

 * We want to be notified of any changes made in our toolkit.
 * Only we are allowed to distribute the toolkit and its updates.

If you are the only ones able to distribute the toolkit, I wouldn't
worry too much about other people making changes. It simply won't
happen.

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



Re: What license to pick...

2000-09-30 Thread David Johnson

On Fri, 29 Sep 2000, flash gordon wrote:

 I would suggest standard admittedly simplistic definitions:
 
 1] 'Full Use Lifetime License' = [FULL] 'unfettered use' [i.e. GPL]
 2] 'Limited Use Software Enjoyment Rights License' = [LUSER License :)] 
 typical restricted commercial type copyright
 3] 'No Cost License' = No cost, limited use
 4] 'Freeware' = Both full use and free of cost - truly free access and use.

You're on the right track here, I think. But GPL software is still
truly free access and free use, even though it may be commercialized.
If I don't want to pay $80 for Redhat (and I don't) I can get it from
CheapBytes for the mere cost of the media, or grab it off of the ftp
server, or even go get all of the components and build it myself.

 When I give something to the public at large, I am sharing totally. 

Not if you put strings on it... And in a real way, you aren't giving it
to the public at all, you are giving individual copies of it to
individual people, and then telling them that they have full permission
to do the same.

But I need to ask, if you are truly sharing your software, why do you
reserve to yourself alone the right to earn any profit off of it?

 If they make a $100,000, it is primarily because of their personal input, 
 their investment, their time collecting and analyzing data etc.  It is from 
 their efforts.  Reselling the product of your efforts, is different.  Much 
 different if they resell 2000 copies and make $100,000.

Having been in sales, I can say with utmost certainty that selling
involves a large amount of personal input, investment, time, and
analysis.

 You benefit from freely sharing with your friend and he likewise benefits 
 from freely sharing with his guests.  He received freely and he gave 
 freely.  However, had you given it as a personal gift and he instead took 
 that case of wine to his store and sold it, would you not feel slighted?

Of course I would feel slighted. I would even be angry! But the purpose
of sharing is to share, not to protect one's own sensibilities. There
used to be a barely humorous saying that "if you love something, set it
free, and if it doesn't come back to you, hunt it down and kill it."
That is absolutely the wrong attitude.

 I see this as being a total perversion of the concept of truly free 
 software access.  When someone donates food and medicine for those in need, 
 is it acceptable for it to be intercepted by some middlemen [i.e. 
 governmental bureaucrats or military personel] who then divert it to their 
 own uses or demand payment or extort some service for it?

This is a totally different matter. When I give food and medicine to
the needy, I intend for it to go to the needy. I am not giving my food
and medicine freely to the public, but only a few select individuals.

But unlike food and medicine, software cannot be diverted. It can be
copied but not destroyed or hidden.

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



Re: What license to pick...

2000-09-30 Thread Brian Behlendorf

On Fri, 29 Sep 2000, Lionello Lunesu wrote:
 So we (my company) have decided to make our VR-toolkit open source! 
[...]
 AND we don't want other people to be able to create their
 own distribution of the toolkit. 

These two are inconsistant - the OSD essentially requires that others be
allowed to created their own modified release of your code.  That doesn't
mean you can't prevent them from using your name.

Brian






Re: What license to pick...

2000-09-30 Thread Brian Behlendorf

On Fri, 29 Sep 2000, Lionello Lunesu wrote:
 Does the GPL allow us (the toolkit creators) to ask a fee for commercial use
 of our toolkit?

Not specifically, but it doesn't prevent you from separately licensing the
code that you own to someone under terms other than the GPL.  You *have*
have the right to relicense that code, though - meaning you'd have to
acquire it from any contributor.

Brian





Re: What license to pick...

2000-09-30 Thread John Cowan

On Fri, 29 Sep 2000, flash gordon wrote:

 Were I to release code for the public good and access, I would resent it 
 highly if someone assimilated it, packaged it and marketed it, and making 
 thousands or even millions in the process.  And if that were to happen, I 
 think I would be reluctant to be altruistic and release more code pro bono.

If that *were* to happen, you would be free (as would anyone else) to
undercut the merchant.  A high price would not be sustainable.  If anyone
were able to charge a high price, it would have to be for something else:
brand name/reputation, service, or what not.

-- 
John Cowan   [EMAIL PROTECTED]
One art/there is/no less/no more/All things/to do/with sparks/galore
--Douglas Hofstadter





What license to pick...

2000-09-29 Thread Lionello Lunesu

OK..

So we (my company) have decided to make our VR-toolkit open source! But we
haven't decided which license to use for it. GPL seems the obvious choice,
but we want to restrict the freedom somehow (at least in the beginning, just
so we can ge more organised). We definately want to prohibit commercial use
(I guess GPL covers this), but we also want to be notified of any changes
made in our source (so we can review them and possibly build them in, in the
'real' version). AND we don't want other people to be able to create their
own distribution of the toolkit. I guess GPL allows them to do this. I've
also looked at QPL (from Qt free edition) and it might be what we're looking
for.

Any ideas?

Lionello Lunesu
Mondo Bizzarro




RE: What license to pick...

2000-09-29 Thread Dave J Woolley

 From: Lionello Lunesu [SMTP:[EMAIL PROTECTED]]
 
 so we can ge more organised). We definately want to prohibit commercial
 use
 (I guess GPL covers this), but we also want to be notified of any changes
 
The GPL encourages commercial use (I may be wrong, but
I have a feeling that the OSI rules require all their
licences to permit it as well).

First, of course, one has to define commercial use, and
this is the great problem with "no commercial use" claues.

Some people mean actually selling the software.

Some include giving it away as to someone with whom one has 
a commercial relationship (e.g. Kermit).

Some mean using it internally in the course of a business
(they may make a distinction between internal use and 
providing access to the software as a service, although
the distinction may be blurred).

The GPL permits all of these activities, but requires that,
in the first two cases, the, possibly modified, source code
be provided under the GPL, and that no licensing conflicts be
created.  For the third case, it permits unpublished modifications
and mixing with code with conflicting licences.

-- 
--- DISCLAIMER -
Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of BTS.






Re: What license to pick...

2000-09-29 Thread Lionello Lunesu

Does the GPL allow us (the toolkit creators) to ask a fee for commercial use
of our toolkit?

L.




Re: What license to pick...

2000-09-29 Thread Mark Koek

Lionello Lunesu wrote:

 Does the GPL allow us (the toolkit creators) to ask a fee for commercial use
 of our toolkit?

You can ask what you want. :-)

But because the GPL explicitly permits free redistribution, anyone could
do the same, so it would be necessary to add value in return for the
fee.


Mark



Re: What license to pick...

2000-09-29 Thread Forrest J. Cavalier III

It is nice to see someone ask questions before they take a license and
assume it does something it does not, and mis-use it.

 Does the GPL allow us (the toolkit creators) to ask a fee for commercial use
 of our toolkit?

That is a question that can be interpreted in a few different ways
which change the answer.

You, as the toolkit creators, can distribute the software for a fee 
as you choose.  You can even decide to distribute by charging only 
certain customers, and not others.  

A Free software license (...Free with a capital F here refers
to freedom: the abilities of anyone possessing a legal copy of
the source code...) means the authors have given freedom to use
and distribute the source code.  That freedom includes permission
to redistribute under the license, with or without charging.

Each Free software license is specific on what is and is not
included in the freedoms it gives.  It is hard to summarize
the differences, you should read the licenses.

You mentioned you were inclined to use the GPL.  Under the GPL,
you are prohibited from making additional use restrictions.
  - You may not require royalty payment for commercial (or any) use.
(A royalty refers to a payment to the author when a copy
is used.  This is different than charging for transferring
a copy.)

  - You may not require someone pay you when they transfer
or use a copy.  

  - You may not limit the fees someone may charge for
making a copy.

  - You may not require that modifications be sent to you.   
(But the GPL does require that when a derivative work
is distributed, the GPL'ed source code is included.)

Other Free licenses have different requirements and restrictions.
But to be a Free license, they may not prohibit use in a commercial,
or certain environment.  (That's what the non-discrimination
clause of the Open Source Definition says.)

When/if you start accepting modifications from the community,
then you have to be careful that the contributions can be
incorporated and licensed the same way.

Everyone here strongly suggests you use an existing, approved
license instead of writing your own.

The difficult "leap of faith" for authors is to believe that
the marketplace by nature (rather than through closed-license
requirements) generally preserves the value in software.

As long as your software fits into one of the business cases
that Eric Raymond discussed for Open Source software, then
you'll probably be happy using an Free/Open Source license.  

And if you don't match one of those business cases, then,
yes, you will be giving away value.  The open source license
will ensure the value is preserved or increased (more people
will benefit) but if you can't stay in business, then don't
do it.

Forrest J. Cavalier III, Mib Software  Voice 570-992-8824 
   http://www.rocketaware.com/ has over 30,000 links to 
source, libraries, functions, applications, and documentation.  





RE: What license to pick...

2000-09-29 Thread Dave J Woolley

 From: Lionello Lunesu [SMTP:[EMAIL PROTECTED]]
 
 Does the GPL allow us (the toolkit creators) to ask a fee for commercial
 use
 of our toolkit?
 
[DJW:] No.  You can ask a fee for the supply of the 
recorded media and for support, but you cannot
charge for the licence itself.  You can even charge for
the process of creating the binary (although anyone
with the source can create their own binary without paying
you).  You could charge a huge fee, and in some markets that
might work, because the market is small or technically 
unsophisticated.

People like Red Hat are charging you for the media and the 
pressing of the Linux CD image onto that media, packaging,
support and printed documentation++, not for the copy of the 
code and the licence to use it.

I think RH may make documentation available on a GPL type
basis, but I believe one of the FSF's concerns is the number
of free packages that really need commercial documentation
before you can use them.
-- 
--- DISCLAIMER -
Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of BTS.
  



Re: What license to pick...

2000-09-29 Thread flash gordon

At 10:09 AM 9/29/00 +0200, Lionello Lunesu wrote:
OK..

So we (my company) have decided to make our VR-toolkit open source! But we
haven't decided which license to use for it. GPL seems the obvious choice,
but we want to restrict the freedom somehow (at least in the beginning, just
so we can ge more organised). We definately want to prohibit commercial use
(I guess GPL covers this),

GPL does not prohibit commercialization, it protects it.

Personally I think that is a major flaw in the GNU/GPL concept of 
'freeware' - I think the term 'freeware' should be reserved for software 
that is both free of restrictions on modifications and use AND free of 
charge/cost [except for nominal media and copy costs].  GPL should better 
be referred to as 'full use' software, in contrast to the typical 
commercial 'limited fair use' copyright restrictions.

As is, GPL allows people to commercialize/capitalize something in they had 
no creative input.  Mere merchants can in effect render it property by 
requiring payment for the software above the cost of media and 
reproduction, which in this day and age is virtually nil.  The social 
exchange should be, what you receive freely, you shall give freely.  To me 
it is tantamont to fraud to charge for software [except for minimal media 
and copy costs] for which you hold no legal rights.   Any charges above 
such minimal related costs would have to be seen as a de facto exchange for 
the software code itself, in which a mere merchant/seller has no rights.

Were I to release code for the public good and access, I would resent it 
highly if someone assimilated it, packaged it and marketed it, and making 
thousands or even millions in the process.  And if that were to happen, I 
think I would be reluctant to be altruistic and release more code pro bono.


but we also want to be notified of any changes
made in our source (so we can review them and possibly build them in, in the
'real' version). AND we don't want other people to be able to create their
own distribution of the toolkit.


So what you want is to make the source available, so others can enhance it, 
critique it, fix it and you have full rights to all their effort but they 
cannot release their work?  definitely not GPL afaik and certainly not what 
I would call full-use freeware.




Re: What license to pick...

2000-09-29 Thread David Johnson

On Fri, 29 Sep 2000, flash gordon wrote:

 GPL does not prohibit commercialization, it protects it.
 
 Personally I think that is a major flaw in the GNU/GPL concept of 
 'freeware' - I think the term 'freeware' should be reserved for software 
 that is both free of restrictions on modifications and use AND free of 
 charge/cost [except for nominal media and copy costs].  GPL should better 
 be referred to as 'full use' software, in contrast to the typical 
 commercial 'limited fair use' copyright restrictions.

Although all GPL software is indeed "freeware", it doesn't explicitely
have that concept. In fact, GNU greatly prefers that people don't refer
to their products as freeware, partially because of the potential
commercializatin, and partly to disassociate itself with proprietary
freeware (internet explorer, etc).

 Were I to release code for the public good and access, I would resent it 
 highly if someone assimilated it, packaged it and marketed it, and making 
 thousands or even millions in the process.  And if that were to happen, I 
 think I would be reluctant to be altruistic and release more code pro bono.

As one who uses even less restrictive licenses than the GPL, let me
come to their defense :-) You are not sharing if you deny people the
ability to profit off of what you have given them. If I give someone a
sandwich, I certainly expect them to profit nutritionally. If the user
does not profit is some way from my software, than I can only consider
my software a failure.

To take a concrete example, if I share a financial planning software
package, and the user proceeds to make $100,000 through its use, why
should I quibble over the fact that he sold a copy for $50?

One of the reasons I hear against commercialization of free software is
exploitation: the user has profited without giving anything back to the
author. But what about the case where I give a case of fine wine to a
friend, and he proceeds to through a wonderful and joyous party, to
which I was not invited? Have I been exploited because he did not offer
to me a part of the enjoyment (profit) he received from my wine?

I can certainly understand you not wanting others to profit off of your
work. GNU has other concerns which is why they use the GPL to restrict
how people may redistribute their software. I am concerned neither way
and impose minimal restrictions on my software. Neither of these
viewpoints are correct for everyone. 

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