Or better yet.. modify the disclaimer like I and a few others did to say that the only thing you will disclaim are things you post on the bug tracker! NO UPDATES, NO CHANGES, NO NOTHING! If its not posted under your user on mantis IT IS NOT DISCLAIMED!

/b

On Jul 23, 2005, at 2:59 PM, William Lloyd wrote:


On 23-Jul-05, at 11:22 AM, Kevin Walsh wrote:


On Fri, 2005-07-22 at 18:18 +0100, Kevin Walsh wrote:


Adam Goryachev [EMAIL PROTECTED] wrote:


On Fri, 2005-07-22 at 04:15 +0100, Kevin Walsh wrote:


For this reason, I believe that if a fork were
ever necessary, it would struggle to beat a distinct path away from
the Asterisk Binary Edition



Correct, until the point where there is MORE features being added to the forked version of asterisk than the digium version of asterisk.



That can't happen, because the ABE could, and probably would, absorb
all of the advances in the fork, while forging ahead with the
original.



Since the fork would be GPL only, if ABE 'absorbed' the new features, then it would 'become' GPL, and therefore would need to be released as GPL, and hence would no longer by ABE :) So, that can't happen. Any other
ideas?



You're forgetting about the "disclaimer" documents. Anyone who signed
the perpetual agreement and made changes and/or enhancements to the
Asterisk code (a fork would still be using Asterisk code) would firstly
be obliged to inform "the owner", and would secondly have a prior
agreement with "the owner" to allow them to use and close the code.
That would neatly bypass the GPL and allow the new code to be folded
into the Asterisk Binary Edition.


It's unlikely that the current pool of asterisk developers will remain static however. People change jobs, new people find asterisk interesting, people that have not contributed before start to contribute.

Assuming a fork were to happen one day. Lots of current developers would stay with the Digium tree because they know it, are digium partners, think it's a better idea, already signed the disclaimer and don;t have an issue with it etc. Many new developers submitting smaller patches would not bother to sign a legal disclaimer and just submit the patch to the full GPL tree. The splinter GPL tree would likely integrate the changes faster and obviously don;t care about a disclaimer.

The practicalities of tracking the changes between two source trees would just get more and more time consuming for Digium. They will want to make 100% legal sure that every change they bring into their tree comes from somebody with a disclaimer.

Rewriting the missing bits with other programmers would just help the tree's diverge faster.

Meanwhile a full GPL tree can just plow ahead without concern.

Many companies successfully manage the commercial GPL gap. MySQL for example. The difference in this case is selling a binary only version instead of making money off just hardware and support services/contracts.

At the end of the day Digium own the Asterisk trademark and in the world these days, brand name recognition is often more important than the product behind it.

-bill






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