Re: GPLv2 'web-app loophole'

2001-08-12 Thread Blake Cretney
On Wed, 8 Aug 2001 18:15:26 +0100 SamBC [EMAIL PROTECTED] wrote: -Original Message- From: Rod Dixon, J.D., LL.M. [mailto:[EMAIL PROTECTED]] This sounds like much ado about nothing. As is well-known, software is not an easy fit within copyright doctrine. I am unsure whether

RE: GPLv2 'web-app loophole'

2001-08-12 Thread Rod Dixon, J.D., LL.M.
be permissible under copyright law. Rod -Original Message- From: Blake Cretney [mailto:[EMAIL PROTECTED]] Sent: Sunday, August 12, 2001 7:52 PM To: [EMAIL PROTECTED] Subject: Re: GPLv2 'web-app loophole' On Wed, 8 Aug 2001 18:15:26 +0100 SamBC [EMAIL PROTECTED] wrote: -Original

RE: GPLv2 'web-app loophole'

2001-08-09 Thread SamBC
-Original Message- From: Rod Dixon, J.D., LL.M. [mailto:[EMAIL PROTECTED]] This sounds like much ado about nothing. As is well-known, software is not an easy fit within copyright doctrine. I am unsure whether there is a relevant distinction between use and copy as far as software

Re: GPLv2 'web-app loophole'

2001-08-09 Thread John Cowan
Abraham Ingersoll scripsit: We (Dajoba, LLC) publish web-based software under the GPL. We recently came across a company who has taken our GPL'd code, modified it and actively resells access to (use of) the renamed application. Does your original work display a copyright notice to the user

Re: GPLv2 'web-app loophole'

2001-08-09 Thread John Cowan
David Johnson scripsit: But such is not the case for a web application. The software will only be copied to the legal owner's servers, and the only thing the user receives is the output of the program, not the program itself. There is the question of whether the HTML generated by the

Re: GPLv2 'web-app loophole'

2001-08-09 Thread John Cowan
Rod Dixon, J.D., LL.M. scripsit: Hmm... This is an interesting argument. You seem to be saying that you doubt that some/all web-apps (scripts that execute on the server) load into an end-user's RAM? Clearly not. To take a technically equivalent example: when I send you this email, I

Re: GPLv2 'web-app loophole'

2001-08-09 Thread David Johnson
On Thursday 09 August 2001 06:07 pm, John Cowan wrote: There is the question of whether the HTML generated by the program is a derivative work of the program, which depends on how the program is implemented. If so, then OtherCo has surely copied *and distributed* it. That's a tricky

Re: GPLv2 'web-app loophole'

2001-08-08 Thread phil hunt
On Wednesday 08 August 2001 2:15 am, David Johnson wrote: My point is not whether a thing can be done, but whether it should be done at all. I don't believe that Open Source licenses should regulate in any way the actual execution of the software. Are you saying that the Open Source

Re: GPLv2 'web-app loophole'

2001-08-08 Thread Brian Behlendorf
On Wed, 8 Aug 2001, phil hunt wrote: On Wednesday 08 August 2001 2:15 am, David Johnson wrote: My point is not whether a thing can be done, but whether it should be done at all. I don't believe that Open Source licenses should regulate in any way the actual execution of the software.

Re: GPLv2 'web-app loophole'

2001-08-07 Thread David Johnson
On Monday 06 August 2001 08:42 pm, Rod Dixon, J.D., LL.M. wrote: This sounds like much ado about nothing. As is well-known, software is not an easy fit within copyright doctrine. I am unsure whether there is a relevant distinction between use and copy as far as software is concerned.

RE: GPLv2 'web-app loophole'

2001-08-07 Thread Rod Dixon, J.D., LL.M.
On Monday 06 August 2001 08:42 pm, Rod Dixon, J.D., LL.M. wrote: This sounds like much ado about nothing. As is well-known, software is not an easy fit within copyright doctrine. I am unsure whether there is a relevant distinction between use and copy as far as software is concerned.

Re: GPLv2 'web-app loophole'

2001-08-07 Thread David Johnson
On Tuesday 07 August 2001 05:13 am, Rod Dixon, J.D., LL.M. wrote: Hmm... This is an interesting argument. You seem to be saying that you doubt that some/all web-apps (scripts that execute on the server) load into an end-user's RAM? That's part of what I'm saying. And if the web-app isn't

Re: GPLv2 'web-app loophole'

2001-08-07 Thread Karsten M. Self
on Tue, Aug 07, 2001 at 06:15:12PM -0700, David Johnson ([EMAIL PROTECTED]) wrote: On Tuesday 07 August 2001 05:13 am, Rod Dixon, J.D., LL.M. wrote: Hmm... This is an interesting argument. You seem to be saying that you doubt that some/all web-apps (scripts that execute on the server) load

Re: GPLv2 'web-app loophole'

2001-08-07 Thread David Johnson
On Tuesday 07 August 2001 06:27 pm, Karsten M. Self wrote: Note that this rule doesn't hole for Java, Javascript, Flash, and other forms of content that are transmitted to, and executed on, the client's host. In this case, code is distributed to the user's system. I'd argue GPL

Re: GPLv2 'web-app loophole'

2001-08-06 Thread M. Drew Streib
On Mon, Aug 06, 2001 at 04:01:26PM -0700, Abraham Ingersoll wrote: In leiu of the FSF's expert advice, does anyone here have a qualified opinion about this 'web-app loophole' and possible remedies we should entertain? Specifically -- what exactly consitutes a derivative work of SourceForge

Re: GPLv2 'web-app loophole'

2001-08-06 Thread Karsten M. Self
on Mon, Aug 06, 2001 at 04:01:26PM -0700, Abraham Ingersoll ([EMAIL PROTECTED]) wrote: We (Dajoba, LLC) publish web-based software under the GPL. We recently came across a company who has taken our GPL'd code, modified it and actively resells access to (use of) the renamed application. They

Re: GPLv2 'web-app loophole'

2001-08-06 Thread David Johnson
On Monday 06 August 2001 04:01 pm, Abraham Ingersoll wrote: We (Dajoba, LLC) publish web-based software under the GPL. We recently ...we simply want to feel out people's attitudes regarding this 'web-app loophole' Cool! I have some attitudes and opinions on this, and since you asked, I'll

RE: GPLv2 'web-app loophole'

2001-08-06 Thread Rod Dixon, J.D., LL.M.
As Larry said, you are asking an incredibly complicated legal question. Two points: register your work with the Copyright Office immediately (http://www.loc.gov/copyright/) and hire an attorney. Consulting FSF may be helpful, but you seem to be presenting a classic case of someone needing legal