---------- Forwarded message ----------
Date: Mon, 20 Jun 2011 14:20:45 +0200 (CEST)
From: Peter Åstrand <astr...@cendio.se>
To: Marc-André Moreau <marcandre.mor...@gmail.com>
Cc: rdesktop-de...@lists.sourceforge.net,
Subject: Re: Black Duck IP Assessment of FreeRDP


Hi, I'm back from my vacation now. Thanks for funding this analysis and reporting about it. We recognize that Black Duck is a trusted company, and the report itself is impressive, although limited in scope.

When it comes to the core problem of the license migration, we do not believe that it changes anything. The report states that there are 139 files from the rdesktop project in "conflict" (page 7):

"These components consist of files and/or snippets of code. The components use the GPL 2.0 license, which conflicts with typical proprietary commercial licenses."

But we already knew that many files were from rdesktop. You mention on the Wiki that:

"Please note that source snapshots included with the report do not correspond to the latest development version of FreeRDP in which certain issues have been addressed already."

Without a new report from Black Duck, there's nothing but your own word that says that you have addressed all of the problems.

There's an even bigger problem, however: As we have mentioned earlier, we believe that rewriting code based on the old code means that the new code is a derived work, thus it's still covered by the copyright of the old code. This is a common opinion. Two quotes from: http://programmers.stackexchange.com/questions/81705/rewriting-gpl-code-to-change-license, for example:

* "I'm not a lawyer, but AFAIK if you have seen the GPLed library code any emulation library you write would be tainted and may be declared a derived work by a judge if it is too similar in his appreciation. ... So the process would be to write a functional spec and have someone which hasn't seen the GPLed code write the library."


* "My understanding is that if you start with a work and modify it, no matter how extensive the modifications, the final result is a derived work of the original. You will need to write the library from scratch."


Since we can assume that all of the existing FreeRDP developers have looked at the code, you would need to find new programmers which have not looked at neither the rdesktop nor the FreeRDP code, and then let them implement the "conflicting" code parts from scratch, based on some kind of specification. See http://en.wikipedia.org/wiki/Clean_room_design . In practice, this is a very tedious process.


Regards,
Peter Åstrand


On Mon, 30 May 2011, Marc-André Moreau wrote:

Hello rdesktop developers,
This is to inform you that we have paid for a Black Duck IP assessment of the FreeRDP code base, from which we have received the reports. I have updated our wiki page the provides information on the license change
accordingly: http://www.freerdp.com/wiki/doku.php?id=license_change

The Black Duck report, along with the source snapshots used in the assessment, can be obtained
here: http://www.freerdp.com/downloads/freerdp_blackduck.zip

For those who do not know about Black Duck, they are a company specialized in intellectual property
issues: http://www.blackducksoftware.com/

Their expertise in the domain is trusted by a number of large
companies: http://www.blackducksoftware.com/about/customers

The report did brought the attention towards certain problems, such as code snippets in ssl.c that we simply got
rid of (SHA-1 and MD5 code snippets were GPLv2).

We are therefore now in our "final sprint" of review for ensuring that our code base is clean enough for
considering a FreeRDP 0.9 release under the Apache license.

I invite the rdesktop developers to report issues that would not have caught our attention yet, so that we address them. One this final review sprint is done, we will have reached a sufficient level of confidence that the code base is clean to proceed with the release of FreeRDP 0.9 under the Apache license.

In sign of good faith, please note that we recently added RemoteFX support in FreeRDP this week. Since it's a separate library (librfx) released under the Apache license, it could be integrated in rdesktop, if someone wants
to do it.

Best regards,
- Marc-Andre




---
Peter Åstrand           ThinLinc Chief Developer
Cendio AB               http://www.cendio.com
Wallenbergs gata 4
583 30 Linköping        Phone: +46-13-21 46 00
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