Glen, 

Please don't feel you're under any pressure, or attack. GPL issues are far from 
being clear to everybody. 

I'd just like to add that I have doubts you can re-license the GPL components 
(which are essentially Debian, so GPL v2), into GPL v3. 

Can anybody confirm this?

Nicola

 

> Subject: Re: [CinCV] AV Linux and it's 'non-GPL' license
> From: [email protected]
> To: [email protected]
> Date: Thu, 6 Oct 2011 14:29:33 -0700
> 
> Eeesh!
> 
> Joining this list has been both uncomfortable and educational at the same
> time...is everyone greeted with such 'hospitality'?...lol
> 
> OK, so what about this:
> 
> AV Linux goes GPL(3) and I issue a disclaimer statement declaring which
> EXACT packages are 'non-free' but come bundled with the ISO and clearly
> state that the declared non-free packages must be removed in order to
> redistribute AV Linux...
> 
> Will this appease the powers that be?
> 
> In all seriousness thanks for the feedback, -GLEN
> 
> 
> 
> >> Well I'm not a lawyer either so we have something in common!
> >
> > Hi Glen and the others,
> >
> > likewise, I'll join the club of non-lawyers discussing legal issues ;-)
> >
> > Am 05.10.2011 00:41, schrieb [email protected]:
> >> I've been distributing AV Linux like this since 2007 and ....
> >
> >> ... but I was under the impression that any derived work could be
> >> licensed
> >> outside of the GPL provided the source code of the derived work was made
> >> available upon request.
> >
> > This impression is simply wrong. You just had the luck that no one sued
> > you.
> >
> > This matter isn't difficult.
> > Any confusion boils down to being precise with the term "derived work".
> >
> >
> > If you want to license a "derived work" *outside* the GPL, then you need
> > to
> > negotiate with *each* contributor to the GPLed work to get you an
> > *separate*
> > usage agreement for his/her code *independent* of that code being
> > published
> > also under the GPL.
> >
> > If you can't do that, the GPL as it stands is crisp and clear.
> > *You* use GPLed content to build your derived work.
> > This implies that *you* comply to the GPL beforehand.
> > And the GPL dictates that every derived work has to be
> > *licensed again under the GPL*. End of the discussion.
> >
> >
> > This is what often is referred to as the "infectious" or "viral" property
> > of the GPL. Other licenses (e.g. the Apache License) are deliberately
> > different and do not employ this strict ruling.
> >
> >> The 'source code' is the ISO image...
> >
> > Sorry, no.
> > Source code is source code is source code. This isn't a matter for
> > interpretation. Source code is an textual or similarly editable
> > representation from which you can re-create your whole delivery.
> >
> > There is an absolutely simple criterion: What everyone can rebuild
> > from the accessible source code, needs to be equivalent to what
> > you distribute in binary form (including all your modifications).
> >
> > Btw: that exactly was the reason why GPL doesn't play well for
> > distributing media content. That's one of the reasons, why
> > we have the CreativeCommons licenses.
> >
> >
> >> .... and of course the GPL content of Debian has it's source code freely
> >> available as well. Regardless the icluded closed source content falls
> >> outside
> >> of the GPL and there is no law forbidding me to distribute it on an ISO
> >> of my
> >> making providing I have the permission of the developers which I do.
> >
> > What you do here is compiling several products into a distribution.
> > That is another matter altogether. Indeed you're free to do so. The key
> > distinguishing point is if you just ship independent pieces together,
> > as opposed to combining GPLed and non-GPLed code into a new product.
> >
> > If you do the latter, the GPL rulez! But you're always free to do the
> > former (just shipping together). Just in that case you need to make clear
> > to your users that they get content with two different licenses, and,
> > because you're distributing GPLed content as part of your distribution,
> > *you* need to make the source code for that GPLed content available.
> >
> > It doesn't suffice that you state that everyone interested can get the
> > source code from "somewhere". *You* need to provide it. The GPL-2 even
> > contains some rules on how, and how much you're allowed to charge for
> > e.g. mailing an CD with source code to a user requesting that from you.
> >
> > The GPL-2 is very outdated in that respect, indeed. If I recall correct,
> > only the GPL-3 contains a ruling that it is sufficient to publish an
> > URL to a net server holding the full and exact source code, and that
> > you're not bound to ship floppies to some bozo in Mongolia where there
> > is no internet access. Nevertheless, even with the GPL-3, you need to
> > assure that that net server is reasonably accessible.
> >
> > To elaborate on that point: Debian doesn't keep an archive of superseded
> > source code versions. If you e.g. base your code modifications on some
> > library in Debian/oldstable, some years ahead that basic code won't
> > be accessible from Debian anymore. If you hit an evil spirited lawyer,
> > you can get a lot of trouble consequently.
> >
> >
> > Please understand me right. I am all sympathetic with what you do!
> > Just, if there are some values at stake, commercially, I can only
> > recommend to check the legal issues with a real lawyer and to
> > make sure you're in the safe zone.
> >
> > Keep the good work up!
> > Cheers,
> > Hermann Vosseler
> >
> >
> >
> >
> >
> >
> > _______________________________________________
> > Cinelerra mailing list
> > [email protected]
> > https://init.linpro.no/mailman/skolelinux.no/listinfo/cinelerra
> >
> 
> 
> 
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