On Tue, Oct 6, 2009 at 9:04 PM, Alex Smith <ais...@bham.ac.uk> wrote:

> On Tue, 2009-10-06 at 21:37 +0200, Dániel Borbély wrote:
> > that does not violate Enigma's GPL. It violates Oxyd rights... or not:
> > See the Esprit and Oxyd levels and packs in Enigma. However (mentioned
> > on mag-heut) it is currently impossible to reproduce some level
> > features.
>
> You can't legally make a non-GPL derivative of GPL source code without
> permission from all its copyright holders (for Enigma, there are a lot,
> and many of them are unlikely to consent to a change of licence in any
> case); the reason for this is that the GPL is the only licence that lets
> you make a modified copy of Enigma's source at all, and it doesn't
> permit that particular operation. The issue with putting Enigma on the
> iPhone is that I have heard (although do not know this for a fact) that
> giving the source for applications violates Apple's terms; apparently
> using Apple's SDK for the iPhone requires you to sign a non-disclosure
> agreement that prevents you from giving the application's source out. As
> a result, there'd be no way that anyone could simultaneously get a
> licence from Apple to develop a version of Enigma for the iPhone, and
> from the Enigma developers to port it to the iPhone; any course of
> action would break one agreement or the other.
>
> See <http://www.linux.com/archive/feature/131752> for a more in-depth
> explanation of this.
>
> Another potential problem would be that as a typical (unmodified) iPhone
> will only run code signed by Apple, it would be impossible to legally
> distribute GPLv3 code onto the iPhone (section 6 of version 3 of the GPL
> implies, among other things, that no licence is given to distribute code
> in such a way that the person distributing could create a modified copy
> that could be installed, but the person receiving it couldn't;
> therefore, Apple couldn't distribute GPLv3 code that they didn't own
> copyright for for the iPhone without also publishing the private key
> they use to sign software, which would be massively unlikely). Enigma is
> licenced under version 2 of the GPL or above; version 2 doesn't have
> this protection; however, with a project with a licence like that,
> there's always a risk that it will choose to move to version 3 (which is
> possible, apart from some GPLv2-only levels), leaving a possible iPhone
> port in the lurch even if you did manage to develop it somehow!
>
> Summary: Enigma cannot legally be ported to the iPhone unless either
> every Enigma developer, or Apple, have a serious change in their
> licensing policies, as the licences just don't match.
>
> Note: I am not a lawyer; I do study copyright law (and the GPL in
> particular) for a hobby, but I may of course be completely mistaken in
> everything said here.
>
> --
> ais523
>
>
>
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>

That pretty much makes sense. It would be nice to see someone else make an
Oxyd clone for the iPhone, even if it doesn't use the Enigma source code.
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