Re: Dual licensed software

2003-03-14 Thread Branden Robinson
On Tue, Mar 11, 2003 at 02:31:08PM -0800, Thomas Bushnell, BSG wrote:
> Glenn Maynard <[EMAIL PROTECTED]> writes:
> 
> > On Tue, Mar 11, 2003 at 02:11:39PM -0500, Luis Bustamante wrote:
> > > QPL is DFSG-free iirc, can JpGraph go in main despite the fact it can
> > > be used also under the terms of JpGraph Commercial License?
> > 
> > The DFSG-freeness of the QPL is currently under renewed debate on this
> > list.
> 
> I think after Henning's recent posts, it's now clear that the QPL is
> not problematic after all, because the forced publication requirement
> can be evaded entirely.

Please review my recent message to this list, subject "QPL clause 3 is
not DFSG-free".

-- 
G. Branden Robinson|You can have my PGP passphrase when
Debian GNU/Linux   |you pry it from my cold, dead
[EMAIL PROTECTED] |brain.
http://people.debian.org/~branden/ |-- Adam Thornton


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Re: Dual licensed software

2003-03-11 Thread Thomas Bushnell, BSG
Glenn Maynard <[EMAIL PROTECTED]> writes:

> On Tue, Mar 11, 2003 at 02:11:39PM -0500, Luis Bustamante wrote:
> > QPL is DFSG-free iirc, can JpGraph go in main despite the fact it can
> > be used also under the terms of JpGraph Commercial License?
> 
> The DFSG-freeness of the QPL is currently under renewed debate on this
> list.

I think after Henning's recent posts, it's now clear that the QPL is
not problematic after all, because the forced publication requirement
can be evaded entirely.



Re: Dual licensed software

2003-03-11 Thread Don Armstrong
On Tue, 11 Mar 2003, Thomas Bushnell, BSG wrote:
> This unfortunately is not satisfactory.  See on the main JpGraph page
> the actual license grant:
> 
> ] JpGraph is released under a dual license.
> ]
> ] QPL 1.0 (Qt Free Licensee) For non-commercial, open-source and
> ] educational use and JpGraph Professional License for commercial use.
> ]
> ] Basically it means that if you or your company develops non open
> ] source software and have financial gains, either directly or
> ] indirectly (for example by improving a business process), by using
> ] JpGraph this counts as commercial use.
> 
> So if you are IBM, say, and you get any financial gain because you use
> JpGraph to prepare reports, then you are a "commercial use", and you
> are not allowed to distribute under the QPL.

I agree.

The terms of the copyright statement clearly make it non-free, because
it violates DFSG #6 and #7. [No discrimination against fields of
endeavor, and the distribution of license clause. {The license we
distribute it under must apply to everyone who we can distribute it to.}]

If the comercial license was somehow free, this would satisfy #6, but
it still wouldn't satisfy #7.

[It's not truely dual licensed either. It's one license for one group,
and another license for another group.]


Don Armstrong

-- 
"I was thinking seven figures," he said, "but I would have taken a
hundred grand. I'm not a greedy person." [All for a moldy bottle of
tropicana.]
 -- Sammi Hadzovic [in Andy Newman's 2003/02/14 NYT article.]
 http://www.nytimes.com/2003/02/14/nyregion/14EYEB.html

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: Dual licensed software

2003-03-11 Thread Glenn Maynard
On Tue, Mar 11, 2003 at 12:29:12PM -0800, Thomas Bushnell, BSG wrote:
> So if you are IBM, say, and you get any financial gain because you use
> JpGraph to prepare reports, then you are a "commercial use", and you
> are not allowed to distribute under the QPL.

This comes back to Steve's message in another thread:

>Note that the limits you're placing in your example (group x can have
>this license, group y can have this license) mean that neither the
>3-clause BSD nor the GPL is actually in effect -- you've modified both
>licenses by limiting who's eligible.  I'm not sure if this makes it
>non-free; if the license is worded such that a teacher receiving the
>source under the BSD license can't redistribute modifications under the
>BSD license to *non*-teachers, then it's certainly non-free.

In other words, even non-commercial users don't really get the QPL; they
get the QPL with additional restrictions ("no commercial use").

-- 
Glenn Maynard



Re: Dual licensed software

2003-03-11 Thread Glenn Maynard
On Tue, Mar 11, 2003 at 02:11:39PM -0500, Luis Bustamante wrote:
> QPL is DFSG-free iirc, can JpGraph go in main despite the fact it can
> be used also under the terms of JpGraph Commercial License?

The DFSG-freeness of the QPL is currently under renewed debate on this
list.

-- 
Glenn Maynard



Re: Dual licensed software

2003-03-11 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] (Luis Bustamante) writes:

> QPL is DFSG-free iirc, can JpGraph go in main despite the fact it can
> be used also under the terms of JpGraph Commercial License?
> 
> References
> 1. http://www.aditus.nu/jpgraph
> 2. http://www.aditus.nu/jpgraph/jpgprolicense.pdf

This unfortunately is not satisfactory.  See on the main JpGraph page
the actual license grant:

] JpGraph is released under a dual license.
]
] QPL 1.0 (Qt Free Licensee) For non-commercial, open-source and
] educational use and JpGraph Professional License for commercial use.
]
] Basically it means that if you or your company develops non open
] source software and have financial gains, either directly or
] indirectly (for example by improving a business process), by using
] JpGraph this counts as commercial use.

So if you are IBM, say, and you get any financial gain because you use
JpGraph to prepare reports, then you are a "commercial use", and you
are not allowed to distribute under the QPL.




Re: Dual licensed software

2003-03-11 Thread James Troup
[EMAIL PROTECTED] (Luis Bustamante) writes:

> Hi,
>
> I packaged JpGraph[1], it is an object oriented class library for
> php4. Currently, it is dual licensed under QPL 1.0 and JpGraph
> Commercial License[2]. It doesn't have any restriction for open-source
> use (you can even use QPL for commercial opensource use). The
> commercial license is used for commercial non-opensource. I brought
> this issue a couple of weeks ago to d-legal because it wasn't clear if
> QPL could be used in commercial open-source projects, but now the
> author explains better jpgraph license in his website. 
>
> QPL is DFSG-free iirc, can JpGraph go in main despite the fact it can
> be used also under the terms of JpGraph Commercial License?

Eh, for reference, this is the copyright that was in the package I
rejected:

| Copyright:
| 
| JpGraph is released under a dual license.  QPL 1.0 (Qt Free Licensee)
| for non-commercial, open-source and educational use and JpGraph
| Professional License for commercial non-opensource use.
| 
| Basically it means that if you or your company develops non open
| source software and have financial gains, either directly or
| indirectly (for example by improving a business process), by using
| JpGraph this counts as commercial use.
| 
| The Professional JpGraph License 1.2 can be found at
| http://www.aditus.nu/jpgraph/jpgprolicense.pdf

-- 
James