On Tue, 27 Nov 2001, Dave Cost wrote:

> As the subject suggests, we should talk about this issue. If the list is
> ever taken down by Idaya, contact me directly with the word "FreeVSD" in the
> subject and I'll set up a mailing list on one of my servers.

Pure coincidence, but an hour ago, I posted three messages to the list that
would have answered your question before you posted this;  and only one (the
first one) has come through.. any clue why?.

> So let's start with the facts.

Always seems a good idea.

> FreeVSD has been released under the GPL. Being an open source project, it
> was developed by the open source community. The project was partially funded
> by Idaya, which has benefited from the rest of the community.

And before this; considerable time by DSVR;  Long hours and broken
finger-nails by Nickb too nodoubt.

> I myself, have been following the development of FreeVSD since it's early
> days and I have contributed many patches and hints and help to other users
> (check the archives ;-)

Okay dokay;  two questions;  a) Did you transfer the ownership of these
patchen to Idaya?  b) Are the changes that you *didn't give up the rights
to* inside a binary currently being distributed by Idaya either under a
different licence, or in GPL-binary form to which they are refusing to
supply the source when you have a copy of the binary?

> Now Idaya is trying to lock down the source and release the product that has
> been developen by *us* as their *own* product, ignoring the GPL license and
> the rules set by the Free Software Foundation.
 
> The GPL License states clearly:
> and further: "These requirements apply to the modified work as a whole. "

I believe the word `link' is used to differinate which parts count as a part
of that `whole'.  Are `scripts' linked to together?
 
> further: "....the intent is to exercise the right to control the
> distribution of derivative or collective works based on the Program."

Yeah, but they own the entire rights, and choose to give it to a third part
under one licence, and give it to us under a different licence (happens to
be GPL) then that is their right;  as long as they own the /whole/ rights;  

However, *they can't speak for other people*, and therefore if they have
accepted your code, and you've not signed the rights over to Idaya, then you
have a case which you need to carefully followup.

> I myself feel robbed of the time and energy spent on FreeVSD.

I except I would too.  Have some condolence in that I cannot (either in
person, or as a business) afford to purchase ProVSD, the Windows tools, or
VPSA server package).

OT: It would be interesting to produce a comparision of the above compared
to RaQ partitioning, by say, Webfusion/Hosteurope.

        -Paul

PS.  Yup, if I was in Idaya's position I would be desperately trying to
workout how to convert ones of the best tools produced over the last couple
of years into a hard cash product.

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