Re: Wired Article on the GPL

2000-03-30 Thread W . Yip
On Wed, 29 Mar 2000 15:49:49 -0800, Chip Salzenberg <[EMAIL PROTECTED]> wrote: >By releasing under the GPL, the original authors surrendered their >right to control GPL-compatible copying. Having surrendered that >right, the original authors are not able to transfer it. Mattel's lawyers would ce

Re: Wired Article on the GPL

2000-03-30 Thread W . Yip
On Thu, 30 Mar 2000 09:50:02 +1000, Andrew J Bromage <[EMAIL PROTECTED]> wrote: >Is it too late to grab a copy of cphack now? Will I or won't I be able >to join the inevitable class action for breach of contract against M if >they _do_ revoke the GPL on cphack if I've obtained my copy after the >

Re: Wired Article on the GPL

2000-03-30 Thread W . Yip
On Wed, 29 Mar 2000 19:47:29 -0800 (PST), Ken Arromdee <[EMAIL PROTECTED]> wrote: >But it turns out that that's not what they meant. The Wired article is just >written poorly. Someone on Slashdot quoted the actual law that they *were* >referring to: Having gone through the following, I still fa

Re: The position RMS takes...

2000-03-30 Thread John Cowan
"W. Yip" wrote: > Just so as to ensure we are on the same wavelength, my understanding of > what is an 'exclusive license' is that '...with an exclusive license, the > licensee is given the right to perform specified acts to the exclusion of > all others *including the (copyright owner)'* [1] Th

Two license questions

2000-03-30 Thread Richard Bondi
Dear All, My book will be my publisher's first to include open source licensed code. (The book is "Cryptography for Visual Basic: A Programmer's Guide to the Microsoft CryptoAPI", and includes open source COM wrappers for the CryptoAPI.) Can someone help me with the following questions please?

Re: Wired Article on the GPL

2000-03-30 Thread Richard Watts
On Thursday 30 March 2000, W. Yip <[EMAIL PROTECTED]> wrote: >On Wed, 29 Mar 2000 19:47:29 -0800 (PST), Ken Arromdee <[EMAIL PROTECTED]> >wrote: >>But it turns out that that's not what they meant. The Wired article is just >>written poorly. Someone on Slashdot quoted the actual law that they *w

RE: Wired Article on the GPL - Signed Licenses?

2000-03-30 Thread Dennis E. Hamilton
Although we are getting far afield from the structure of open-source licenses, there seem to be some procedural and technical steps someone could take to ensure that a license is perpetuated, especially for digitally-conveyed works and licenses to those works. There are moves afoot to establish t

Re: Two license questions

2000-03-30 Thread John Cowan
Richard Bondi wrote: > 1) I think this belongs on an FAQ at www.opensource.org: if I use one of > the approved licenses, can I rename it? I'm going to use the Ricoh license > for my book's code; can I call it the Wiley Open Source Public License > everywhere? Nobody is likely to sue you. The GP

Re: Wired Article on the GPL - Signed Licenses?

2000-03-30 Thread John Cowan
"Dennis E. Hamilton" wrote: > I notice that the EULA I am looking at right now is not "signed" although I > have every reason to believe that it is authentic. The statutory requirement applies to copyright licenses, which the GPL is but the EULA is not. -- Schlingt dreifach einen Kreis um die

Re: Wired Article on the GPL

2000-03-30 Thread Chip Salzenberg
According to W . Yip: > On Wed, 29 Mar 2000 15:49:49 -0800, Chip Salzenberg <[EMAIL PROTECTED]> wrote: > >By releasing under the GPL, the original authors surrendered their > >right to control GPL-compatible copying. Having surrendered that > >right, the original authors are not able to transfer

Re: Wired Article on the GPL

2000-03-30 Thread Chip Salzenberg
According to Mark Wielaard: > But the main document (the actual essay cp4break.html) says: > "The source is included, and you can do whatever you want with it." > "You are allowed to mirror this document and the related files anywhere you > see fit." Well, that about wraps it up for Mattel. Or i

Re: Wired Article on the GPL

2000-03-30 Thread Chip Salzenberg
According to W . Yip: > A purchaser, particularly a bona fide one, may not know anything > about the licenses attached to a copyright which he is purchasing, > and thus deserves protection from copyright holders who may be > dishonest. Surely, though, that theory doesn't help Mattel -- they *did*

Re: Wired Article on the GPL

2000-03-30 Thread John Cowan
Chip Salzenberg wrote: > But I would consider it obvious that, once I have been granted me a > license to copy, neither the original copyright holder nor his assigns > have the authority to stop me. In other words, the license adheres to > the code, not the author. Not obvious, probably not tru

loophole in the GPL?

2000-03-30 Thread Justin Wells
I'm sure it's not, but someone please explain to me why not. If the GPL is just a grant under copyright law, and not a contract, then why can't I do the following: -- I get a copy of a GPL'd work called "SSP" (some software program) -- I am legally entitled to make private derivative copi

Re: Wired Article on the GPL

2000-03-30 Thread Chip Salzenberg
According to John Cowan: > Chip Salzenberg wrote: > > In other words, the license adheres to the code, not the author. > > A license that isn't a contract (a bare permission) can be freely > revoked by the licensor, as in an invitation to enter onto land: if > the landowner changes his mind, the

Re: loophole in the GPL?

2000-03-30 Thread John Cowan
Justin Wells wrote: > The GPL says that if I "distribute" copies then I must provide source. I, > however, maintain that I am doing no such thing--I am *selling* copies, > transfering my ownership of that copy to someone else, not distributing > them. The term "distribute" must be understood in

RE: Wired Article -- Nullifying a GPL?

2000-03-30 Thread Dennis E. Hamilton
I looked at what I could find on Wired, thanks to the Slashdot discussion and its links. 1. UNRESOLVED QUESTIONS? One problem I notice is that we don't have a finding with regard to the validity of the copyright by the original distributors of cphack. Part of the Mattel claim was that this wor

Re: loophole in the GPL?

2000-03-30 Thread Justin Wells
On Thu, Mar 30, 2000 at 02:52:38PM -0500, John Cowan wrote: > The term "distribute" must be understood in the sense in which it is > used in the Copyright Act. The term is not actually defined there, but > is used thus: "distribute copies or phonorecords of the copyrighted work > to the public

Re: loophole in the GPL?

2000-03-30 Thread Seth David Schoen
Justin Wells writes: > On Thu, Mar 30, 2000 at 02:52:38PM -0500, John Cowan wrote: > > > The term "distribute" must be understood in the sense in which it is > > used in the Copyright Act. The term is not actually defined there, but > > is used thus: "distribute copies or phonorecords of the c

Re: Wired Article on the GPL

2000-03-30 Thread Nils Lohner
In message <[EMAIL PROTECTED]>, Chip Salzenberg writes: >According to John Cowan: >> Chip Salzenberg wrote: >> > In other words, the license adheres to the code, not the author. >> >> A license that isn't a contract (a bare permission) can be freely >> revoked by the licensor, as in an invitation

Re: loophole in the GPL?

2000-03-30 Thread Justin Wells
On Thu, Mar 30, 2000 at 12:56:54PM -0800, Seth David Schoen wrote: > Mmmm, I think you're glossing over what "your copy" means here. I imagine > that you're referring to the "first sale" doctrine, which restricts the > ability of copyright holders to restrict resale of copies _that they > sell_.

Re: Wired Article on the GPL

2000-03-30 Thread Ken Arromdee
On Thu, 30 Mar 2000, Chip Salzenberg wrote: > > A license that isn't a contract (a bare permission) can be freely > > revoked by the licensor, as in an invitation to enter onto land: if > > the landowner changes his mind, the licensee instantly becomes a > > trespasser. > I never thought I'd say t

Re: Wired Article on the GPL

2000-03-30 Thread Chip Salzenberg
According to Nils Lohner: > This does not make sense. If I bought the software, and the license > is changed afterwards, I have to abide by a new license? No, no, you've confused license with contract. If you buy the software, then there is an exchange of considerations, so there is a (sale) co

Re: Wired Article on the GPL

2000-03-30 Thread John Cowan
Nils Lohner wrote: > This does not make sense. If I bought the software, and the license is > changed afterwards, I have to abide by a new license? I would argue that I > should have to abide by the license under which I bought it as I have never > had a chance to acept or reject the other lice

Re: Wired Article on the GPL

2000-03-30 Thread Richard Watts
On Thursday 30 March 2000, Nils Lohner <[EMAIL PROTECTED]> wrote: >In message <[EMAIL PROTECTED]>, Chip Salzenberg writes: >>According to John Cowan: >>> Chip Salzenberg wrote: >>> > In other words, the license adheres to the code, not the author. >>> >>> A license that isn't a contract (a bare

Re: Wired Article on the GPL

2000-03-30 Thread Matthew C. Weigel
On Thu, 30 Mar 2000, John Cowan wrote: > Remember that we are talking about the GPL here, not some random > proprietary license. The GPL grants you permissions to take certain > actions provided you meet certain conditions. The actions are copying, > distributing, and making derivative works.

Re: Wired Article on the GPL

2000-03-30 Thread John Cowan
"Matthew C. Weigel" wrote: > Ummm... yes, you can accept or reject the GPL, if I understand it correctly. > You either accept the terms of the license -- the restrictions placed on > distribution, for instance -- or you don't, and if you don't, you have no > legal recourse for distribution. You

Re: Wired Article on the GPL

2000-03-30 Thread Justin Wells
On Thu, Mar 30, 2000 at 04:39:10PM -0500, John Cowan wrote: > Remember that we are talking about the GPL here, not some random proprietary > license. The GPL grants you permissions to take certain actions provided you > meet certain conditions. The actions are copying, distributing, and > makin

Re: License

2000-03-30 Thread Jim Jagielski
Justin Wells wrote: > > The consensus on the list ([EMAIL PROTECTED]) has been > that you should draft a license which you think fits the definition > and simply start using it. If your software is important enough to > draw attention, then sooner or later someone will be interested in > seeing

Re: License

2000-03-30 Thread Derek J. Balling
At 07:18 PM 3/30/00 -0500, Jim Jagielski wrote: >Justin Wells wrote: > > > > The consensus on the list ([EMAIL PROTECTED]) has been > > that you should draft a license which you think fits the definition > > and simply start using it. If your software is important enough to > > draw attention, the