Re: Big development in the GUI realm

2005-02-12 Thread Robert Kern
Arich Chanachai wrote:
 I have never seen a commercial license for a library
which stated that you did not have to pay the license fee until you have 
made that much money in sales from the software which you created, in 
part, from that library.  I would be in favor of such a license, but I 
haven't seen anything of the sort.
http://www.fastio.com/licensePlain.html
See their license option for shareware developers.
--
Robert Kern
[EMAIL PROTECTED]
In the fields of hell where the grass grows high
 Are the graves of dreams allowed to die.
  -- Richard Harter
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Re: Big development in the GUI realm

2005-02-12 Thread Robert Kern
Jeremy Bowers wrote:
On Fri, 11 Feb 2005 14:45:09 -0800, Robert Kern wrote:
Until such matters are unequivocally determined in a court that has
jurisdiction over you, do you really want to open yourself to legal risk
and certain ill-will from the community?

Huh? What are you talking about?
I'm just pointing out the inability of the law to handle it. I have no
intention of doing anything with it, except inasmuch as it makes it
difficult to license my own works since I don't believe any license works.
(But I use the LGPL anyways.)
Sorry, it seemed like you were proposing a method to get around the 
intention of the copyright holder.

--
Robert Kern
[EMAIL PROTECTED]
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 Are the graves of dreams allowed to die.
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Re: Big development in the GUI realm

2005-02-12 Thread Robert Kern
Jeremy Bowers wrote:
On Fri, 11 Feb 2005 18:24:22 +0100, Damjan wrote:
What you described is not ok according to the GPL - since you distributed
a binary thats derived from GPL software (and you didn't publish it source
code under the GPL too).

No you didn't. You distributed a binary completely free of any GPL code
whatsoever. The *user* combined your binary and the GPL to produce another
binary, which will never be distributed at all.
In copyright terms, which is what the GPL works under since that is the
law it has, what you distributed is completely unrelated to the GPL'ed
program; there's no grounds to call it derived.
You might be on firmer ground if it were legally clear exactly what 
derived work means. Unfortunately, the courts have been skirting 
around the issue of defining derived work particularly as it pertains 
to software. It is entirely possible that a judge would conclude that 
your software is a derived work of the GPL software.

Until such matters are unequivocally determined in a court that has 
jurisdiction over you, do you really want to open yourself to legal risk 
and certain ill-will from the community?

I'll reiterate my strategy: follow the intentions of the copyright owner 
unless if I have actual case law on my side.

--
Robert Kern
[EMAIL PROTECTED]
In the fields of hell where the grass grows high
 Are the graves of dreams allowed to die.
  -- Richard Harter
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Re: Big development in the GUI realm

2005-02-12 Thread Arich Chanachai
Robert Kern wrote:
Arich Chanachai wrote:
 I have never seen a commercial license for a library
which stated that you did not have to pay the license fee until you 
have made that much money in sales from the software which you 
created, in part, from that library.  I would be in favor of such a 
license, but I haven't seen anything of the sort.

http://www.fastio.com/licensePlain.html
See their license option for shareware developers.
I stand corrected.  Nevertheless, my point stands as this is rare.  In 
fact, this thread began as a result of Trolltech releasing PyQt for 
windows with a GPL license option in addition to the commercial one, and 
you will notice that there is no special *deferment provision for 
shareware developers *in the specification of commercial license.*  *It 
would be a grand aid to developers if more companies took this noble and 
perhaps more effective approach (versus the gimme-money-now alternative 
which is quite dominant).  I would argue that such a provision is in the 
interests of the toolkit/library developer as this would allow fellows 
to adopt their technology (and eventually pay for this adoption), 
fellows who otherwise could not.

-Arich
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Re: Big development in the GUI realm

2005-02-12 Thread Arich Chanachai
Jorge Luiz Godoy Filho wrote:
Max M wrote:
 

GPL is not suitable for all kinds of software. It's nice if you are
sharing code with others, but if you are developing something like a
desktop application that you want to sell for money, using the GPL is a
bad idea.
   

If you're earning money, why not pay for the libraries that allowed you to
do so?
 

Exactly.  But what about those who know how to program but have not a 
cent of money?  I have never seen a commercial license for a library 
which stated that you did not have to pay the license fee until you have 
made that much money in sales from the software which you created, in 
part, from that library.  I would be in favor of such a license, but I 
haven't seen anything of the sort.

Be seeing you,
Godoy.
 

Be seeing you too, lol. 

- Arich
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Re: Big development in the GUI realm

2005-02-12 Thread Jeremy Bowers
On Fri, 11 Feb 2005 14:45:09 -0800, Robert Kern wrote:
 Until such matters are unequivocally determined in a court that has
 jurisdiction over you, do you really want to open yourself to legal risk
 and certain ill-will from the community?

Huh? What are you talking about?

I'm just pointing out the inability of the law to handle it. I have no
intention of doing anything with it, except inasmuch as it makes it
difficult to license my own works since I don't believe any license works.
(But I use the LGPL anyways.)
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Re: Big development in the GUI realm

2005-02-11 Thread Josef Dalcolmo

You can distribute GPL'ed code in binary form, you just have to make
the sources available as well.  And, yes I would use this as a test:
if your program needs gpl-ed code for some of it's functionality, you
have to licence your program according to the GPL - unless you
distribute the GPL'ed parts separately and your program is still
basically functioning without the GPL'ed code.

Now, if you are unsure about these questions and are serious about
writing a program using GPL'ed code, the FSF is probably willing to
help you with your questions.

Besides this, why not putting your code under the GPL? 

- Josef

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Re: Big development in the GUI realm

2005-02-11 Thread Max M
Josef Dalcolmo wrote:
You can distribute GPL'ed code in binary form, you just have to make
the sources available as well.  And, yes I would use this as a test:
if your program needs gpl-ed code for some of it's functionality, you
have to licence your program according to the GPL - unless you
distribute the GPL'ed parts separately and your program is still
basically functioning without the GPL'ed code.
Besides this, why not putting your code under the GPL? 

GPL is not suitable for all kinds of software. It's nice if you are 
sharing code with others, but if you are developing something like a 
desktop application that you want to sell for money, using the GPL is a 
bad idea.

--
hilsen/regards Max M, Denmark
http://www.mxm.dk/
IT's Mad Science
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Re: Big development in the GUI realm

2005-02-11 Thread Jeremy Bowers
On Fri, 11 Feb 2005 13:57:47 +0100, Josef Dalcolmo wrote:
 You can distribute GPL'ed code in binary form, you just have to make the
 sources available as well.  And, yes I would use this as a test: if your
 program needs gpl-ed code for some of it's functionality, you have to
 licence your program according to the GPL - unless you distribute the
 GPL'ed parts separately and your program is still basically functioning
 without the GPL'ed code.

The problem with this is what I've called the patch hole in another
context [1]. The problem with this definition is that I can *always*
distribute GPL'ed parts separately and re-combine them arbitrarily upon
execution, and it's not even particularly hard. Write your code with the
GPL'ed code embedded. At the end, before you distribute, extract it and
record the extraction so your program can rewind it; you're left with
nothing in your code that is GPLed. Later, the user will go get the GPL
software, and you software rewinds the extraction process, and the user
is left with something that is byte-for-byte identical to what you weren't
allowed to distribute by the GPL so what good was the GPL?

(Compiling issues can of course be extracted away, which is what a linker
does.)

If this is all the protection that the GPL provides, than it is utterly
useless. But truly nailing down what it means is even harder.

Nobody really knows what the GPL means when it gets down to it; the entire
copyright-based model is broken and unrepairable in a software context.
It's like nailing jello to a wall, you just can't hold it up there.

[1]:http://www.jerf.org/writings/communicationEthics/node10.html#SECTION000105000
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Re: Big development in the GUI realm

2005-02-11 Thread Damjan
 The problem with this is what I've called the patch hole in another
 context [1]. The problem with this definition is that I can *always*
 distribute GPL'ed parts separately and re-combine them arbitrarily upon
 execution, and it's not even particularly hard. Write your code with the
 GPL'ed code embedded. At the end, before you distribute, extract it and
 record the extraction so your program can rewind it; you're left with
 nothing in your code that is GPLed. Later, the user will go get the GPL
 software, and you software rewinds the extraction process, and the user
 is left with something that is byte-for-byte identical to what you weren't
 allowed to distribute by the GPL so what good was the GPL?

What you described is not ok according to the GPL - since you distributed a
binary thats derived from GPL software (and you didn't publish it source
code under the GPL too).

 Nobody really knows what the GPL means when it gets down to it; 

If you don't know, you should ask the person whose GPL code you are using.

-- 
damjan
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Re: Big development in the GUI realm

2005-02-11 Thread Jeremy Bowers
On Fri, 11 Feb 2005 18:24:22 +0100, Damjan wrote:
 What you described is not ok according to the GPL - since you distributed
 a binary thats derived from GPL software (and you didn't publish it source
 code under the GPL too).

No you didn't. You distributed a binary completely free of any GPL code
whatsoever. The *user* combined your binary and the GPL to produce another
binary, which will never be distributed at all.

In copyright terms, which is what the GPL works under since that is the
law it has, what you distributed is completely unrelated to the GPL'ed
program; there's no grounds to call it derived.

You may need to re-read the sequence more carefully, or I may have gotten
it wrong.
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Re: Big development in the GUI realm

2005-02-11 Thread Jorge Luiz Godoy Filho
Max M wrote:

 GPL is not suitable for all kinds of software. It's nice if you are
 sharing code with others, but if you are developing something like a
 desktop application that you want to sell for money, using the GPL is a
 bad idea.

If you're earning money, why not pay for the libraries that allowed you to
do so?


Be seeing you,
Godoy.
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Re: Big development in the GUI realm

2005-02-10 Thread Stelios Xanthakis
Alex Martelli wrote:
Dennis Lee Bieber [EMAIL PROTECTED] wrote:

hassle to code, but if your application could dynamically select from
whatever toolkit is available on the machine, you (and I should emphasis
that this is an impersonal/generic you I reference) might be able to
argue an exemption from the QT license.

So maybe it's time to resurrect anygui, maybe in a simplified version
which can only interface to, say, PyQt or Tkinter -- 'eithergui' maybe.
Alex
Done already: 'Twilight GUI'!
http://students.ceid.upatras.gr/~sxanth/twgui/
However, it's very furstrating working on 4 toolkits in parallel
and because some of the don't have good documentation, I'm doing
other things right now:)
Stelios
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Re: Big development in the GUI realm

2005-02-09 Thread JanC
Jeremy Bowers schreef:

 Copyright-based models can't handle modern computer programs,

Most countries have computer program specific parts in their copyright 
laws...

-- 
JanC

Be strict when sending and tolerant when receiving.
RFC 1958 - Architectural Principles of the Internet - section 3.9
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Re: Big development in the GUI realm

2005-02-09 Thread JanC
Francis Girard schreef:

 Did some law court, over the past 
 decade, had to make a decision about GPL on some real issue ? 

netfilter vs. Sitecom ?

-- 
JanC

Be strict when sending and tolerant when receiving.
RFC 1958 - Architectural Principles of the Internet - section 3.9
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RE: Big development in the GUI realm

2005-02-09 Thread Batista, Facundo
Title: RE: Big development in the GUI realm





[Carlos Ribeiro]


#- 'onegui' to rule them all...


I would really love to use a GUI made by elves...


. Facundo


Bitácora De Vuelo: http://www.taniquetil.com.ar/plog
PyAr - Python Argentina: http://pyar.decode.com.ar/



  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Re: Big development in the GUI realm

2005-02-09 Thread Scott Robinson
On Mon, 07 Feb 2005 20:56:44 -0800, Courageous [EMAIL PROTECTED]
wrote:


OK, so according to Linus, the GPL allows 

No. Pay attention. Linus has his own revised version, to clarify
this point, and in fact /overruling/ the GPL if the point is
clarified differently by RMS or others.

That's the right of their community, it's /their/ code.

make calls to the kernel, but TrollTech says the GPL doesn't allow a
proprietary program to make calls to the Qt library.

That's their prerogative, although TrollTech's authority as an
/interpretational/ entity over the GPL means precisely zero. I
wouldn't push this, though, unless you've got a big litigation
budget.
It should also be pointed out that the FSF's interpretation of the GPL
with respect to Qt means absolutely zero.  If TrollTech publishes an
interpretation of the GPL and announces it to any interested in
licensing their software, I suspect that the courts will take that
into consideration.  This won't help that at all if it isn't a legally
valid interpretation, but it establishes that you *knew* what their
interpretation was when you agreed to the terms to distribute their
copyrighted software.


It's this double-standard that I find confusing, since both projects
are said to be based on the same license.

Linus doesn't use the GPL, he uses his GPL, version-whatever.

Anyway, your safe bet:

Follow the copyright holder's wishes.

That's fair. After all, it's free, so they're doing you a damn
big favor.

C//
Scott Robinson

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Re: Big development in the GUI realm

2005-02-09 Thread Courageous

It should also be pointed out that the FSF's interpretation of the GPL
with respect to Qt means absolutely zero.

Indeed. It would be the court that would have to decide what the
language of the GPL means, given the substantial body of case
law as the court sees it.


... but it establishes that you *knew* what their interpretation ...

But it doesn't. They'd really need to put it into their license
expressly.

Anyway, we digress, and are in agreement.

C//

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Re: Big development in the GUI realm

2005-02-09 Thread Greg Ewing
Luke Skywalker wrote:
OK, so according to Linus, the GPL allows a proprietary program to
make calls to the kernel,
As I understand things, it's not the GPL which allows
this, it's Linus himself who allows it. If Linus
hadn't explicitly said that, the GPL might be interpreted
as disallowing it.
--
Greg Ewing, Computer Science Dept,
University of Canterbury,   
Christchurch, New Zealand
http://www.cosc.canterbury.ac.nz/~greg
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Re: Big development in the GUI realm

2005-02-09 Thread Cappy2112
Damjan wrote:
  For all you GUI developers, things just got a little more
interesting.
  Trolltech will soon be offering the QT GUI toolkit for Windows
under
  the GPL license.  That means that PyQt may become a much more
popular
  option in the near future.

 This  applies to QT-4 only.
 I wonder how much of PyQT is ready for QT4?

 Anyway its time for a PyQT based VB-killer [ a GPL one :) ].


 Anyway its time for a PyQT based VB-killer [ a GPL one :) ].
I aggree, and for now, it's Eric3, AND it can be compiled  run under
windows, without Cygwin.

Ok, it's not exactly a VB-Killer, but it's the closest thing for now.

VB has it's drawbacks, but can you image the how much more acceptance
python would get, if we had *more* a VB-like designer, for multiple GUI
toolkits, no less?

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Re: Re: Big development in the GUI realm

2005-02-09 Thread Tim Churches
Courageous [EMAIL PROTECTED] wrote:
 
 
 It should also be pointed out that the FSF's interpretation of the GPL
 with respect to Qt means absolutely zero.
 
 Indeed. It would be the court that would have to decide what the
 language of the GPL means, given the substantial body of case
 law as the court sees it.
 
 
 ... but it establishes that you *knew* what their interpretation ...
 
 But it doesn't. They'd really need to put it into their license
 expressly.

Indeed. The GPL itself says:

The precise terms and conditions for copying, distribution and modification 
follow.
...
END OF TERMS AND CONDITIONS

It's what is between those sentences which counts when to comes to governing 
the 
use of the covered software. There is no mention of And also see the FAQs on 
the 
GPL on the FSF Web site to understand what we really mean by the GPL.

Tim C

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Re: Big development in the GUI realm

2005-02-08 Thread Robert Kern
Francis Girard wrote:
[I wrote:]
In any case, he may be right, and the FSF, Trolltech, and you could all
be wrong. Your intention when you use the GPL may be moot if a judge
determines that the text itself and copyright law does not support your
interpretation.

I'm sorry to jump into this thread without any knowledge of these issues. I 
was just wondering if it did happen. Did some law court, over the past 
decade, had to make a decision about GPL on some real issue ? 
Not about this issue, I don't believe. There was some flap between MySQL 
AB and NuSphere Corporation concerning *static* linking, but that case 
was settled before the judge ruled on whether static linking creates a 
derivative work[1].

Larry Rosen's book _Open Source Licensing_ covers these issues (and 
their lack of case law) pretty thoroughly[2].

[1] http://www.mysql.com/news-and-events/press-release/release_2002_14.html
[2] http://www.rosenlaw.com/oslbook.htm
--
Robert Kern
[EMAIL PROTECTED]
In the fields of hell where the grass grows high
 Are the graves of dreams allowed to die.
  -- Richard Harter
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Re: Big development in the GUI realm

2005-02-08 Thread Fredrik Lundh
Robert Kern wrote:

 Believe me, I share your frustration every time this issue comes up. However, 
 I think it's best to 
 follow Robert Heinlein's maxim:

  Never attribute to malice what can adequately be explained by stupidity.

that's Hanlon, not Heinlein.  to be on the safe side, I won't attempt to
attribute your mistake to anything.

/F 



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Re: Big development in the GUI realm

2005-02-08 Thread Fred Pacquier
Robert Kern [EMAIL PROTECTED] said :

 that's Hanlon, not Heinlein.  to be on the safe side, I won't attempt
 to attribute your mistake to anything.
 
 Fair enough. The only time I've seen it in dead-tree print was in 
 Heinlein's _Time Enough For Love_, unattributed to anyone else. 
 Googlespace seems to be not entirely sure whether Hanlon is real or
 is a corruption of Heinlein. Googling for quote attributions is a
 tricky proposition at best, though.
 
I don't know who Mr Hanlon is, but I've previously seen it attributed to 
Napoleon Buonaparte. Never been able to verify that either, though.

-- 
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Re: Big development in the GUI realm

2005-02-08 Thread Fredrik Lundh
Robert Kern wrote:

 Fair enough. The only time I've seen it in dead-tree print was in Heinlein's 
 _Time Enough For 
 Love_, unattributed to anyone else.

if that's true, it would seem that it predates the Hanlon reference by a
couple of years:

http://www.statusq.org/archives/2001/12/04

on the other hand, Google tells me that Time Enough For Love con-
tains a couple of other famous stupidity quotes, including:

Never underestimate the power of human stupidity

do you still have a copy of the book?  (preferrably a version printed
before 1980...)

/F 



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Re: Big development in the GUI realm

2005-02-08 Thread Joe
On Tue, 8 Feb 2005 10:01:51 +0100, Fredrik Lundh
[EMAIL PROTECTED] wrote:
except that if *you* set things up so the code is combined when run, *you* are
copying, distributing, and/or modifying the program in order to mix, include 
and/or
combine your work with the GPL:ed work.

if you leave all that to the user, you're clear.

Mmm... I'm not playing games here, no matter what some seem to think. 

It's obvious that the GPL doesn't say precisely whether it's OK to use
an _independent_ library or EXE, ie. a file that is physically
different from the calling EXE, as oppposed to either copy/pasting the
code as is into a program, or statically linking a library into an
EXE.

Until now, I understood the GPL to be a way to make sure no one stole
code (hence, no static linking or copy/pasting code), and with or
without giving back any change they made.

OTOH, I though it was OK to use the by code shipping whatever standard
binary file was downloaded from the project's site, ie. MYEXE.EXE
calling YOURCODE.DLL was OK, when this code was the standard version,
untampered, and clearly indicated as not the EXE's work (as shown by
the file name and version infos).

Hence, either the GPL was not precise enough, or TrollTech should use
a different license that specifically prohibits even using Qt through
dynamic linking.

Conclusion from what I read above: As of now, no court in any country
has settled this issue by specifying whether making use of a GPLed
program _in any way_ requires the calling program to be GPLed as well,
or if there are cases where the EXE can remain closed-source. I'm fine
with TT's intentions, though.

Joe
(no, I don't want whatever stuff I post on the Net to possibly bite me
years from now, hence the anonymous posting. Nothing personal.)
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Re: Big development in the GUI realm

2005-02-08 Thread Kent Johnson
Fredrik Lundh wrote:
Robert Kern wrote:

Fair enough. The only time I've seen it in dead-tree print was in Heinlein's _Time Enough For 
Love_, unattributed to anyone else.
Amazon.com search inside the book finds no hits for malice in this book.
http://www.amazon.com/gp/reader/0441810764/102-7636110-6481700?v=search-insidekeywords=malice

if that's true, it would seem that it predates the Hanlon reference by a
couple of years:
http://www.statusq.org/archives/2001/12/04
on the other hand, Google tells me that Time Enough For Love con-
tains a couple of other famous stupidity quotes, including:
Never underestimate the power of human stupidity
Search inside the book finds this *twice* in Time Enough For Love.
Kent
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Re: Big development in the GUI realm

2005-02-08 Thread Gabriel B.
  users.  For example, from their FAQ, it seems that no precompiled
  binaries will be provided.  Support for comercial compilers will not be
  built in, only for gcc (through Cygwin?).
 
 Isn't this just the same thing with a different spin. There was always
 an available distribution for linux for non-commercial use. Windows was
 always the problem. You still can't use it for windows without knowing
 how to compile the thing on windows.

Well, if it's GPLed, can't i simply compile it and distribute a GPLed
.DLL with the source code for everyone?
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Re: Big development in the GUI realm

2005-02-08 Thread Fredrik Lundh
Tim Churches wrote:

except that if *you* set things up so the code is combined when run, *you* are
copying, distributing, and/or modifying the program in order to mix, include 
and/or
combine your work with the GPL:ed work.

if you leave all that to the user, you're clear.

 Yes, that is what I, and others, have been saying, and doing, all along. Our 
 Mozilla Public 
 Licensed Python application imports (but contains no code from) a GPLed 
 third-party Python module 
 at runtime, but we don't distribute that module, we just tell users to obtain 
 it independently and 
 install it on their systems.

does your program work (in any way) without this module?

(relying on word games is a lousy legal strategy in most parts of the world)

 (Gee, I thought that word games were the entire basis of much legal endeavour 
 in most parts of the 
 world. Patent specifications in particular spring to mind.)

yeah, but you shouldn't base your entire game on a specific word play.

/F 



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Re: Big development in the GUI realm

2005-02-08 Thread Jeremy Bowers
On Tue, 08 Feb 2005 19:55:01 +0100, Maciej Mrz wrote:
 Unfortunately, GPL faq is extremely vague on such border cases, instead 
 of simple yes/no answers faq is filled with some advocacy talks ...

To re-iterate a point I made on a thread last week, nobody really knows
what the GPL says and means on this topic. We can *barely* outline our
ignorance, but even our ignorance is pretty fuzzy. 

Copyright-based models can't handle modern computer programs, and the GPL
is still copyright-based. As such, it is hosed.

(For an expansion of that idea, see
http://www.jerf.org/writings/communicationEthics/node7.html ; note the
next chapter tries to solve this problem in the context of more
conventional communication, but even with my refinements I'm *still* not
sure how to handle something like the GPL reasonably. I think you'd have
to re-define what the GPL covers almost from scratch; I think it could be
done, but I'm not sure you can fully rationally create an LGPL that
doesn't have critical exceptions.)
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Re: Big development in the GUI realm

2005-02-08 Thread Damjan
 However, imagine simple situation:
 1. I write proprietary program with open plugin api. I even make the api
 itself public domain. Program works by itself, does not contain any
 GPL-ed code.
 2. Later someone writes plugin using the api (which is public domain so
 is GPL compatible), plugin gets loaded into my software, significantly
 affecting its functionality (UI, operations, file formats, whatever).
 3. Someone downloads the plugin and loads it into my program

I don't think it is legal to distribute the plugin in binary form. 
OTOH it should be legal to distribute it as source code.
 
 Am I bound by GPL? Certainly not, I did not sign or agree to it in way.

correct


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Re: Big development in the GUI realm

2005-02-08 Thread Tim Churches
Fredrik Lundh wrote:
Tim Churches wrote:
 

except that if *you* set things up so the code is combined when run, *you* are
copying, distributing, and/or modifying the program in order to mix, include 
and/or
combine your work with the GPL:ed work.
if you leave all that to the user, you're clear.
 

Yes, that is what I, and others, have been saying, and doing, all along. Our Mozilla Public 
Licensed Python application imports (but contains no code from) a GPLed third-party Python module 
at runtime, but we don't distribute that module, we just tell users to obtain it independently and 
install it on their systems.
   

does your program work (in any way) without this module?
 

Yes.
Tim C
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Re: Big development in the GUI realm

2005-02-08 Thread Jeff Shannon
Maciej Mróz wrote:
However, imagine simple situation:
1. I write proprietary program with open plugin api. I even make the api 
itself public domain. Program works by itself, does not contain any 
GPL-ed code.
2. Later someone writes plugin using the api (which is public domain so 
is GPL compatible), plugin gets loaded into my software, significantly 
affecting its functionality (UI, operations, file formats, whatever).
3. Someone downloads the plugin and loads it into my program
I believe that in this case, the key is *distribution*.
You are not violating the GPL, because you are not distributing a 
program that is derived (according to the GPL's definition of derived) 
from GPL code.

The plugin author *is* distributing GPL-derived code, but is doing so 
under a GPL license.  That's fine too.

The end user is now linking (dynamically) GPL code with your 
proprietary code.  However, he is *not* distributing the linked 
assemblage.  This is allowed under the GPL; its terms only apply when 
distribution takes place.

If the end user is a repackager, and then turns around and distributes 
both sets of code together, then that would (potentially) violate GPL 
terms.  But as long as they're not distributed together, then it's 
okay.  This should even extend to distributing a basic (proprietary) 
plugin and including a document describing where  how to get the 
more-featureful GPL replacement plugin.  (Distributing both programs 
as separate packages on a single installation medium would be a tricky 
edge case.  I suspect it *could* be done in a GPL-acceptable way, but 
one would need to take care about it.)

Of course, this is only my own personal interpretation and opinion -- 
IANAL, TINLA, YMMV, etc, etc.

Jeff Shannon
Technician/Programmer
Credit International
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Re: Big development in the GUI realm

2005-02-08 Thread Gabriel B.
 However, imagine simple situation:
 1. I write proprietary program with open plugin api. I even make the api
 itself public domain. Program works by itself, does not contain any
 GPL-ed code.

No need to continue. You write something that uses a plugin, Eolas
sues you. Don't have to mind about trolltech
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Re: Big development in the GUI realm

2005-02-08 Thread John Lenton
On Tue, Feb 08, 2005 at 09:19:58PM -0200, Gabriel B. wrote:
  However, imagine simple situation:
  1. I write proprietary program with open plugin api. I even make the api
  itself public domain. Program works by itself, does not contain any
  GPL-ed code.
 
 No need to continue. You write something that uses a plugin, Eolas
 sues you. Don't have to mind about trolltech

not if you live in a sane country.

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Re: Big development in the GUI realm

2005-02-08 Thread Robert Kern
Kent Johnson wrote:
Fredrik Lundh wrote:
Robert Kern wrote:

Fair enough. The only time I've seen it in dead-tree print was in 
Heinlein's _Time Enough For Love_, unattributed to anyone else.

Amazon.com search inside the book finds no hits for malice in this 
book.
http://www.amazon.com/gp/reader/0441810764/102-7636110-6481700?v=search-insidekeywords=malice 
Hooray for technology!
In that case, I have no idea why I thought it was from Heinlein. The 
similar quote[1] that *is* from Heinlein, but an entirely different 
formulation, is from Logic of Empire, which I know I have not read.

[1] http://en.wikipedia.org/wiki/Hanlon's_Razor
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Re: Big development in the GUI realm

2005-02-07 Thread Michael Goettsche
On Monday 07 February 2005 17:52, RM wrote:
 For all you GUI developers, things just got a little more interesting.
 Trolltech will soon be offering the QT GUI toolkit for Windows under
 the GPL license.  That means that PyQt may become a much more popular
 option in the near future.  Unfortunately, some things available for
 the commercial customers of Trolltech are not available to the GPL
 users.  For example, from their FAQ, it seems that no precompiled
 binaries will be provided.  Support for comercial compilers will not be
 built in, only for gcc (through Cygwin?).  Also, their database drivers
 will not be available.  Oh, well, I guess you can't have it all.  Good
 news though!

 See more here:

 www.trolltech.com

 I wonder how this is going to affect the GUI landscape.

Not 100% right. Only drivers for commercial databases will not be included, 
mysql and co. are available.


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Re: Big development in the GUI realm

2005-02-07 Thread Luke Skywalker
On Mon, 7 Feb 2005 19:41:11 +0100, Fredrik Lundh
[EMAIL PROTECTED] wrote:
 Am I totally off-target?

yes.  for details, see the Combining work with code released under the
GPL section on this page:

Mmmm.. The FAQ isn't very clear about whether it's allowed to write a
proprietary EXE that calls a GPLed DLL:

However, in many cases you can distribute the GPL-covered software
alongside your proprietary system. To do this validly, you must make
sure that the free and non-free programs communicate at arms length,
that they are not combined in a way that would make them effectively a
single program. The difference between this and incorporating the
GPL-covered software is partly a matter of substance and partly form.
The substantive part is this: if the two programs are combined so that
they become effectively two parts of one program, then you can't treat
them as two separate programs. So the GPL has to cover the whole
thing.

Considering the fact that the Qt DLL exist by themselves, that the
version used is the one provided by Qt, and that the EXE uses a
standard, open way to communicate with it, the above does seem to say
this use would be valid. Anybody knows of a similar case and the
output?

Luke.

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Re: Big development in the GUI realm

2005-02-07 Thread Fredrik Lundh
Luke Skywalker wrote:

 Considering the fact that the Qt DLL exist by themselves, that the
 version used is the one provided by Qt, and that the EXE uses a
 standard, open way to communicate with it, the above does seem to say
 this use would be valid.

http://www.gnu.org/licenses/gpl-faq.html#MereAggregation

/.../ If modules are designed to run linked together in a shared address
space, that almost surely means combining them into one program.

By contrast, pipes, sockets and command-line arguments are
communication mechanisms normally used between two separate
programs. So when they are used for communication, the modules
normally are separate programs. But if the semantics of the
communication are intimate enough, exchanging complex internal
data structures, that too could be a basis to consider the two parts
as combined into a larger program.

/F 



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Re: Big development in the GUI realm

2005-02-07 Thread Grant Edwards
On 2005-02-07, Luke Skywalker [EMAIL PROTECTED] wrote:
 On Mon, 7 Feb 2005 19:41:11 +0100, Fredrik Lundh
[EMAIL PROTECTED] wrote:
 Am I totally off-target?

yes.  for details, see the Combining work with code released under the
GPL section on this page:

 Mmmm.. The FAQ isn't very clear about whether it's allowed to write a
 proprietary EXE that calls a GPLed DLL:

Yes it is allowed.  You are always allowed to write proprietary
programs that incorporate GPL code.  What you are not allowed
to do is distribute those programs under a license that's not
the GPL.

 Considering the fact that the Qt DLL exist by themselves, that the
 version used is the one provided by Qt, and that the EXE uses a
 standard, open way to communicate with it, the above does seem to say
 this use would be valid. Anybody knows of a similar case and the
 output?

My understanding is that what you propose is not valid.  An EXE
that uses a GPL'd DLL must be distributed according to the
terms of the GPL.  Were that not the case, the LGPL would not
have been needed.

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Re: Big development in the GUI realm

2005-02-07 Thread Tim Churches
Fredrik Lundh wrote:
Luke Skywalker wrote:
 

Considering the fact that the Qt DLL exist by themselves, that the
version used is the one provided by Qt, and that the EXE uses a
standard, open way to communicate with it, the above does seem to say
this use would be valid.
   

   http://www.gnu.org/licenses/gpl-faq.html#MereAggregation
   /.../ If modules are designed to run linked together in a shared address
   space, that almost surely means combining them into one program.
   By contrast, pipes, sockets and command-line arguments are
   communication mechanisms normally used between two separate
   programs. So when they are used for communication, the modules
   normally are separate programs. But if the semantics of the
   communication are intimate enough, exchanging complex internal
   data structures, that too could be a basis to consider the two parts
   as combined into a larger program.
/F 
 

Yes, that is what the FSF GPL FAQ says. However, the GPL itself says:
[Section 0] Activities other than copying, distribution and 
modification are not covered by this License; they are outside its scope.

There is not, AFAICS, any formal definition of what is meant by 
modification in the GPL.

Section 2.b of the GPL says:
b) You must cause 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 Section 2 goes on to say:
These requirements apply to the modified work as a whole. If 
identifiable sections of that work are not derived from the Program, and 
can be reasonably considered independent and separate works in 
themselves, then this License, and its terms, do not apply to those 
sections when you distribute them as separate works. But when you 
distribute the same sections as part of a whole which is a work based on 
the Program, the distribution of the whole must be on the terms of this 
License, whose permissions for other licensees extend to the entire 
whole, and thus to each and every part regardless of who wrote it.

Thus, it seems to me, and to the expert legal advice which we sought 
(note the scope of the advice was Australian law only) that provided no 
GLPed source or object code is mixed, included or combined with 
non-GPLed code, and that the GPLed and non-GPLed code are distributed or 
otherwise made available in packages which are very clearly separate 
works, and that any interaction between the two is restricted to 
runtime, then the GPL does not require that non-GPLed code to be 
distributed under the GPL.

It is arguable whether that opinion is at odds with the sentiments 
expressed in the FSF GPL FAQ - it depends whether importing two python 
modules into the same namespace is considered equivalent to, as the FAQ 
says, run linked together in a shared address space, but ultimately, 
it is what the GPL license text says, not what the FSF FAQ says, which 
matters.

Note that I am not in favour of or advocating any attempt to circumvent 
or undermine the GPL. I just think it is important to be guided by what 
software licenses actually say, rather than by what the authors of the 
licenses wished they had said in retrospect.

Tim C
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Re: Big development in the GUI realm

2005-02-07 Thread Damjan
 For all you GUI developers, things just got a little more interesting.
 Trolltech will soon be offering the QT GUI toolkit for Windows under
 the GPL license.  That means that PyQt may become a much more popular
 option in the near future.  

This  applies to QT-4 only. 
I wonder how much of PyQT is ready for QT4?

Anyway its time for a PyQT based VB-killer [ a GPL one :) ].


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Re: Big development in the GUI realm

2005-02-07 Thread Steve Holden
Luke Skywalker wrote:
On Mon, 7 Feb 2005 18:30:18 +0100, Michael Goettsche.
[EMAIL PROTECTED] wrote:
Not 100% right. Only drivers for commercial databases will not be included, 
mysql and co. are available.

What I find weird, is that I always understood the GPL meaning that
you must give back any contribution you made to the source code of the
GPLed code, but not if you're just using either a binary distribution
(eg. a DLL) or if you copy/pasted the code as is, with no changes on
your own.
If this is true, then the fact that Qt is now GPLed for Windows means
that I should be able to use this widget set even in commercial apps
since I'm not making any change to Qt, just using it.
Am I totally off-target?
Yes.
The GPL only dictates what you *must* do when you re-distribute GPL'd 
code, or code derived from GPL'd code - and there's substantial room for 
disagreement about what is and what is';t a derived product, with a 
recent opinion suggesting that the FSF would regard importing a GPL'd 
Python module as making your Python program constitute a derived product.

As long as you don't redistribute anything you are free to do whatever 
you want with GPL'd code. The intent of the license is essentially to 
stop proprietary freeloaders from benefiting from GPL'd code without 
giving anything back to the community. Microsoft choose to call this 
viral, but as usual they are talking out of their wallet.

regards
 Steve
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Re: Big development in the GUI realm

2005-02-07 Thread huy
RM wrote:
For all you GUI developers, things just got a little more interesting.
Trolltech will soon be offering the QT GUI toolkit for Windows under
the GPL license.  That means that PyQt may become a much more popular
option in the near future.  Unfortunately, some things available for
the commercial customers of Trolltech are not available to the GPL
users.  For example, from their FAQ, it seems that no precompiled
binaries will be provided.  Support for comercial compilers will not be
built in, only for gcc (through Cygwin?). 
Isn't this just the same thing with a different spin. There was always 
an available distribution for linux for non-commercial use. Windows was 
always the problem. You still can't use it for windows without knowing 
how to compile the thing on windows.

huy
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Re: Big development in the GUI realm

2005-02-07 Thread Kartic
Is there a GPL for Dummies out there??? :-)

Sorry if I am asking a question that has already been asked/answered in
another form.

In any case, let's say I use Python to create an application that uses
some module that is GPL. So what are my options?
1. Distribute my app as closed source but with source, available upon
request and clearly stated so in my license, for the GPL'ed module. But
the code to my app only is not available as it is closed source.
2. Distribute my app with the source code available upon request, along
with the code of any other GPL'ed modules that my app uses.

I don't know if any other option is possible. Do my stated options
cover the possibilities and if so, which of these are the correct legal
one that I would follow?

Thanks,
-Kartic

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Re: Big development in the GUI realm

2005-02-07 Thread Luke Skywalker
On Tue, 08 Feb 2005 07:57:51 +1100, Tim Churches
[EMAIL PROTECTED] wrote:
Thus, it seems to me, and to the expert legal advice which we sought 
(note the scope of the advice was Australian law only) that provided no 
GLPed source or object code is mixed, included or combined with 
non-GPLed code, and that the GPLed and non-GPLed code are distributed or 
otherwise made available in packages which are very clearly separate 
works, and that any interaction between the two is restricted to 
runtime, then the GPL does not require that non-GPLed code to be 
distributed under the GPL.

That's how I understood things, ie. calling a standard, clearly
independent (ie. EXE or DLL) binary downloaded from the project's web
site and just calling it is not covered by the GPL since no change has
been made whatsoever to the original work.

Which makes sense, since the goal of the GPL is to make sure that no
one can steal the code, correct bugs or add features without
redistributing those changes.

Muddy waters, indeed :-)

Luke.
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Re: Big development in the GUI realm

2005-02-07 Thread Fredrik Lundh
Tim Churches wrote:

 Thus, it seems to me, and to the expert legal advice which we sought (note 
 the scope of the advice 
 was Australian law only) that provided no GLPed source or object code is 
 mixed, included or 
 combined with non-GPLed code

and how exactly are you going to load a DLL from an EXE file with-
out mixing, including, or combining the two?

I don't see how the legal advice you got is incompatible with the FAQ;
they both say that as long as you keep things separate, you're in the clear.
but as soon as you mix things, the GPL applies.

/F 



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Re: Re: Big development in the GUI realm

2005-02-07 Thread Tim Churches
Fredrik Lundh [EMAIL PROTECTED] wrote:
 
 Tim Churches wrote:
 
  Thus, it seems to me, and to the expert legal advice which we sought 
 (note the scope of the advice 
  was Australian law only) that provided no GLPed source or object code 
 is mixed, included or 
  combined with non-GPLed code
 
 and how exactly are you going to load a DLL from an EXE file with-
 out mixing, including, or combining the two?

You can't, but as long as that mixing, including, or combining only occurs at 
runtime, 
the GPL itself specifically says that is out of scope and the GPL does not 
apply. Their 
words, not mine - to quote (yet again):

Activities other than copying, distribution and modification are not covered 
by this 
License; they are outside its scope. The act of running the Program is not 
restricted,...

No argument from me that combination of source code or static linking is 
covered by 
the GPL, but runtime(-only) linking of two programmes which do not share any 
code 
and which are distributed as clear separate packages would seem to be out of 
scope 
of the GPL. Note that deeming the making of runtime calls on a GPLed library 
as modification of that GPLed library would be drawing a very long bow 
indeed, given 
that elsewhere in the GPL it says (as included commentary):

Thus, it is not the intent of this section to claim rights or contest your 
rights to work 
written entirely by you; rather, the intent is to exercise the right to control 
the 
distribution of derivative or collective works based on the Program.

Now, I concede that the use of the adjective collective in the above 
commentary does 
make things even less clear. However, Section 0 of the GPL specifically defines 
what 
is meant by a work based on the {GPLed] Program, to wit:

The 'Program', below, refers to any such program or work, and a 'work based on 
the 
Program' means either the Program or any derivative work under copyright law: 
that is 
to say, a work containing the Program or a portion of it, either verbatim or 
with 
modifications and/or translated into another language.

So there you have it: there must be some portion of the GPLed Program contained 
in 
the other work for it to fall under the scope of the GPL, and/or as defined as 
a 
derivative work in local copyright law (local because the GPL does not nominate 
a 
particular jurisdiction for covering law).

Clear as mud.

Tim C

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Re: Big development in the GUI realm

2005-02-07 Thread Damjan
 Isn't this just the same thing with a different spin. There was always
 an available distribution for linux for non-commercial use. Windows was
 always the problem. You still can't use it for windows without knowing
 how to compile the thing on windows.
 
There'll be people that know how to compile :), and they'll be able to
release  distibute binaries... Previously you couldn't even compile the
GPL QT on windows, since it lacks the low-level win32 api calls that do all
the work.

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Re: Big development in the GUI realm

2005-02-07 Thread Luke Skywalker
On Tue, 08 Feb 2005 10:47:25 +1100, Tim Churches
[EMAIL PROTECTED] wrote:
So there you have it: there must be some portion of the GPLed Program 
contained in 
the other work for it to fall under the scope of the GPL, and/or as defined as 
a 
derivative work in local copyright law (local because the GPL does not 
nominate a 
particular jurisdiction for covering law).

Has someone worked with Qt for Windows before, and could tell us
whether it involves static or dynamic linking?

If dynamic, then, it doesn't make sense that an EXE that builds on Qt
should also be GPLed.

Luke.
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Re: Re: Big development in the GUI realm

2005-02-07 Thread Tim Churches
Luke Skywalker [EMAIL PROTECTED] wrote:
 
 On Tue, 08 Feb 2005 10:47:25 +1100, Tim Churches
 [EMAIL PROTECTED] wrote:
 So there you have it: there must be some portion of the GPLed Program 
 contained in 
 the other work for it to fall under the scope of the GPL, and/or as 
 defined as a 
 derivative work in local copyright law (local because the GPL does not 
 nominate a 
 particular jurisdiction for covering law).
 
 Has someone worked with Qt for Windows before, and could tell us
 whether it involves static or dynamic linking?
 
 If dynamic, then, it doesn't make sense that an EXE that builds on Qt
 should also be GPLed.

Well you do need to consider whether any headers or declarations from the GPLed 
library need to be included in the source code of your non-GPLed programme - if 
so, 
then the latter also needs to be GPLed (if you distribute it to thers). There 
is also the 
issue of  whether you can directly include the names of the functions being 
called from 
the GPLed library (and the signatures of those functions) in your non-GPLed 
programme without your programme then being considered a derivative work. This 
comes back to the definition of derivative work, which I understands differs in 
different 
national copyright laws. One commonly adopted tactic is to write a 
dual-licensed 
wrapper around the GPLed library. I am unable to comment on whether that is a 
legally 
sound or morally justifiable strategy.

Tim C
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Re: Big development in the GUI realm

2005-02-07 Thread JanC
Kartic schreef:

 In any case, let's say I use Python to create an application that uses
 some module that is GPL. So what are my options?

For your own personal use: doesn't mather.

If you want to distribute it, your application must be GPL'ed, so *all* 
source code must be made available for those you distribute it to.

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Re: Big development in the GUI realm

2005-02-07 Thread Courageous

If dynamic, then, it doesn't make sense that an EXE that builds on Qt
should also be GPLed.

I'm hoping you're referring to the owners choice of license. For example,
if someone, owning rights to a thing that was a dynamic library, decided
to have a license akin to the GPL, it would easily qualify. It's a question
of /distribution/. If you copy parts of the work, and redestribute those
copies, you are caught by the rule of law. After that the license is a
matter of reduction to practice.

C//

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Re: Big development in the GUI realm

2005-02-07 Thread Robert Kern
Luke Skywalker wrote:
On Tue, 08 Feb 2005 10:47:25 +1100, Tim Churches
[EMAIL PROTECTED] wrote:
So there you have it: there must be some portion of the GPLed Program contained in 
the other work for it to fall under the scope of the GPL, and/or as defined as a 
derivative work in local copyright law (local because the GPL does not nominate a 
particular jurisdiction for covering law).

Has someone worked with Qt for Windows before, and could tell us
whether it involves static or dynamic linking?
If dynamic, then, it doesn't make sense that an EXE that builds on Qt
should also be GPLed.
*shrug* To my knowledge, no court has ruled either way on the issue. The 
FSF holds the position that the new program *should* have a 
GPL-compatible license and that the GPL terms hold for the program as a 
whole. Trolltech also holds this position, I believe (and this is the 
important point if you want to avoid being sued, regardless of how a 
court would decide).

Now, that's not to say that they are correct in their interpretation of 
the GPL's terms. In fact, if I had to bet on an outcome, I'd probably 
wager that the court would hold that only static linking would force the 
program as a whole to follow the GPL terms. However, I certainly don't 
have the money to pony up to run a test case. Consequently, I try to 
follow the wishes of the copyright holder.

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Re: Re: Big development in the GUI realm

2005-02-07 Thread Tim Churches
Luke Skywalker [EMAIL PROTECTED] wrote:
 
 On Mon, 07 Feb 2005 17:47:30 -0800, Robert Kern [EMAIL PROTECTED]
 wrote:
 Now, that's not to say that they are correct in their interpretation 
 of 
 the GPL's terms. In fact, if I had to bet on an outcome, I'd probably 
 wager that the court would hold that only static linking would force 
 the 
 program as a whole to follow the GPL terms. However, I certainly don't 
 
 have the money to pony up to run a test case. Consequently, I try to 
 follow the wishes of the copyright holder.
 
 It's strange that something so central hasn't been clarified yet, but
 maybe it's part of the changes meant for V.3.
 
 When you think about it, it'd be like banning any closed-source apps
 from being developed for Linux, since any application makes syscalls
 to the kernel and its libraries.
 
 But the fact is that there are now closed-source apps for that
 platform, and are considered legit since those apps don't include code
 from the kernel, but instead, merely make calls to binary objects. I
 fail to see the difference between making calls to the kernel API and
 making calls to Qt libraries.

The COPYING file for the Linux kernel includes this note:

Linux main COPYING:

: NOTE! This copyright does *not* cover user programs that use kernel
: services by normal system calls - this is merely considered normal use
: of the kernel, and does *not* fall under the heading of derived work.
: Also note that the GPL below is copyrighted by the Free Software
: Foundation, but the instance of code that it refers to (the Linux
: kernel) is copyrighted by me and others who actually wrote it.
:
: Also note that the only valid version of the GPL as far as the kernel
: is concerned is _this_ particular version of the license (ie v2, not
: v2.2 or v3.x or whatever), unless explicitly otherwise stated.
:
: Linus Torvalds

Tim C

 
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Re: Big development in the GUI realm

2005-02-07 Thread Grant Edwards
On 2005-02-08, Luke Skywalker [EMAIL PROTECTED] wrote:

Now, that's not to say that they are correct in their
interpretation of the GPL's terms. In fact, if I had to bet on
an outcome, I'd probably wager that the court would hold that
only static linking would force the program as a whole to
follow the GPL terms. However, I certainly don't have the money
to pony up to run a test case. Consequently, I try to follow
the wishes of the copyright holder.

 It's strange that something so central hasn't been clarified
 yet, but maybe it's part of the changes meant for V.3.

It's been made quite clear what the intention of the FSF is
in regard to static linking.  Trolltech also made their
intentions crystal clear.

 When you think about it, it'd be like banning any
 closed-source apps from being developed for Linux, since any
 application makes syscalls to the kernel

Wrong.  The kernel license _explicitly_ allows non GPL'd
programs to make calles via the published syscall API.

 and its libraries.

Wrong again.  First, the kernel does own any libraries. Second,
the libraries to which you refer are under the LGPL and other
licenses which explicitly allows distribution of non-GPL'd
programs that are linked dynamically with the libraries.

 But the fact is

Fact?  You seem to be very short on facts and are mostly just
making up shit as you go.

 that there are now closed-source apps for that platform, and
 are considered legit since those apps don't include code from
 the kernel, but instead, merely make calls to binary objects.

True, but moot.

 I fail to see the difference between making calls to the
 kernel API and making calls to Qt libraries.

BECAUSE IN THE KERNEL KERNEL COPYING FILE LINUS SAYS:

  NOTE! This copyright does *not* cover user programs that
  use kernel services by normal system calls - this is
  merely considered normal use of the kernel, and does
  *not* fall under the heading of derived work. Also note
  that the GPL below is copyrighted by the Free Software
  Foundation, but the instance of code that it refers to
  (the Linux kernel) is copyrighted by me and others who
  actually wrote it.
 
AND TROLLTECH SAYS:

Users who want to donate their source code to the Open
Source community can use the Open Source version and must
license their software under the GPL. Users who write
commercial proprietary software must purchase a license and
may freely choose how to license and profit from their
software.

Spare us your clueless, junior-high legal analyses and just do
what's right: obey the wishes of the owners of the copyrights
in question.  They've made their intentions 100% clear, and if
you try to worm your way around them, you're dishonorable,
theiving scum.

-- 
Grant Edwards   grante Yow!  I know things about
  at   TROY DONAHUE that can't
   visi.comeven be PRINTED!!
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Re: Big development in the GUI realm

2005-02-07 Thread Luke Skywalker
On Tue, 08 Feb 2005 13:24:35 +1100, Tim Churches
[EMAIL PROTECTED] wrote:
: NOTE! This copyright does *not* cover user programs that use kernel
: services by normal system calls - this is merely considered normal use
: of the kernel, and does *not* fall under the heading of derived work.

OK, so according to Linus, the GPL allows a proprietary program to
make calls to the kernel, but TrollTech says the GPL doesn't allow a
proprietary program to make calls to the Qt library.

It's this double-standard that I find confusing, since both projects
are said to be based on the same license. I wouldn't have any problem
if Qt had built its own GPL-derived, custom license, but they claim
it's the same ol' GPL. Hence the questioning.

Luke.
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Re: Re: Big development in the GUI realm

2005-02-07 Thread Tim Churches
Luke Skywalker [EMAIL PROTECTED] wrote:
 
 On Tue, 08 Feb 2005 13:24:35 +1100, Tim Churches
 [EMAIL PROTECTED] wrote:
 : NOTE! This copyright does *not* cover user programs that use kernel
 : services by normal system calls - this is merely considered normal 
 use
 : of the kernel, and does *not* fall under the heading of derived 
 work.
 
 OK, so according to Linus, the GPL allows a proprietary program to
 make calls to the kernel, but TrollTech says the GPL doesn't allow a
 proprietary program to make calls to the Qt library.

No. Linus is providing a specific **extension** to the GPL which excludes calls 
to 
kernel services from the scope of the GPL. Whether he needs to do that is, as 
we 
have seen, debatable, but he is making the situation crystal clear.

Tim C
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Re: Big development in the GUI realm

2005-02-07 Thread Grant Edwards
On 2005-02-08, Robert Kern [EMAIL PROTECTED] wrote:
 Grant Edwards wrote:

 Spare us your clueless, junior-high legal analyses 

 [etc.]

 Hey! There's no need for name-calling. This is a tricky legal area that 
 can be very confusing even to the most legal-minded of us. While I think 
 Luke is incorrect in several respects and is somewhat uninformed about 
 others, he doesn't deserve this vitriol.

Sorry if I was a bit blunt, but I'm sick of people trying to
weasle their way around a license by creative interpretation of
the license terms when the licensors made their intentions as
clear as possible.

I've released software under the GPL, and I really pisses me
off when I see people trying to violate the spirit and intent
of the license becuase they want to use GPL'ed software but
they don't want to abide by the terms of the license.  

If you want to use one of my libraries that's under the GPL and
you don't want to release your source code, then do the right
thing:

  1) Release your code under the GPL.

  2) Write your own library.

  3) Ask me to let you use it under the LGPL or a different
 license.  [I've agreed everytime the request has been made.]

I've got no patience at all for people who sit around playing
word games and coming up with bad analogies to try to justify
using somebody else's software without author's permission.

I don't _care_ why somebody thinks they should be able to use
Trolltech's software for a non-GPL'ed program without paying
for it when Trolltech has stated explicitly that they're not
allowed to do that.

-- 
Grant Edwards   grante Yow!  I'm DESPONDENT... I
  at   hope there's something
   visi.comDEEP-FRIED under this
   miniature DOMED STADIUM...
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Re: Big development in the GUI realm

2005-02-07 Thread Robert Kern
Grant Edwards wrote:
Sorry if I was a bit blunt, but I'm sick of people trying to
weasle their way around a license by creative interpretation of
the license terms when the licensors made their intentions as
clear as possible.
Believe me, I share your frustration every time this issue comes up. 
However, I think it's best to follow Robert Heinlein's maxim:

 Never attribute to malice what can adequately be explained by stupidity.
And I think we can also replace the word stupidity with ignorance if 
you like.

It seems to me that Luke is confused and ignorant. He has shown no 
indication that he intends to write proprietary software using Qt.

In any case, he may be right, and the FSF, Trolltech, and you could all 
be wrong. Your intention when you use the GPL may be moot if a judge 
determines that the text itself and copyright law does not support your 
interpretation.

I think that it is almost always best to obey the intentions of the 
copyright holder and to ask for clarification when it is unclear. On the 
other hand, if the copyright holder is *clearly* off-base with his 
interpretation (and to me this would require actual case law, not just 
the opinion of a lawyer), then I might consider disregarding the 
author's interpretation and going with what case law and my lawyer 
suggests. I don't believe that this situation holds with respect to this 
issue, of course.

--
Robert Kern
[EMAIL PROTECTED]
In the fields of hell where the grass grows high
 Are the graves of dreams allowed to die.
  -- Richard Harter
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Re: Big development in the GUI realm

2005-02-07 Thread Courageous

OK, so according to Linus, the GPL allows 

No. Pay attention. Linus has his own revised version, to clarify
this point, and in fact /overruling/ the GPL if the point is
clarified differently by RMS or others.

That's the right of their community, it's /their/ code.

make calls to the kernel, but TrollTech says the GPL doesn't allow a
proprietary program to make calls to the Qt library.

That's their prerogative, although TrollTech's authority as an
/interpretational/ entity over the GPL means precisely zero. I
wouldn't push this, though, unless you've got a big litigation
budget.

It's this double-standard that I find confusing, since both projects
are said to be based on the same license.

Linus doesn't use the GPL, he uses his GPL, version-whatever.

Anyway, your safe bet:

Follow the copyright holder's wishes.

That's fair. After all, it's free, so they're doing you a damn
big favor.

C//

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