Nick,

>> True, but not the other way around. They haven't said : we've added
lots of
> source
>> code to GCC, now we're going to make it closed source. And that's
exactly what
>> Idaya is doing now.
> 
> Wrong.
> 
> Idaya have added lots of changes to FreeVSD and kept it *Free Software*.
> Idaya have created ProVSD which is based on FreeVSD with some
> enchancements.
> 
> FreeVSD is *still* Free Software.  It *always* will be. 

If anyone adds code to a GPLed source code, then they should release that
code. If they created new code into an independent files which relies on
FreeVSD libs (shared-libs), then the code is not GPL infected. If thats 
what Idaya did then there's no problem with not releasing that code and 
make mony from a private system (which is fine), but if that didn't 
happened, then unless the whole code is re-licensed, Idaya should release
those changes.

If FreeVSD will remain always free, then i guess it'll be kept as a GPL
license, but then my question is, the ProVSD add-ons are coded into
existing FreeVSD files or separately ?

Regards,

>> Well, the people who founded Idaya should have thought a little more about
> what
>> they were going to do with the company. Now they've founded a company, hoping
> to
>> sell just the extra services for FreeVSD. Since that didn't seem to work,
> they're
>> now violating GPL by creating ProVSD.
> 
> Since they own the license to FreeVSD, they have the right to revoke
> the GPL at any time.

Thats the problem... You're arguing that FreeVSD be kept as free, but do
you think someone will be insterested on using a Private license software
into their business guessing that at any-time, at any-rate, the owner of
the code can change his mind and start charging, close the software, stop
supporting it, etc... ?? Thats TOTALLY WRONG ! That's not an Open Source
model for a commercial project, thus, the project will simply not be
adopted by anyone.

> Therefore they are perfectly entited to re-license ProVSD to whatever
> they like.  Yes, they must remove the code changes by developers who
> have not signed a copyright disclaimer.  But what grounds do you have
> for suspecting that this has not already been done ?

The same goes for you, what grounds you have NOT to suspect that ?

>> I don't think anyone minds if their source code is in a different project, as
> long
>> as that project is again released as GPL. If it's not, the source HAS TO BE
>> removed. People don't even need to request it, Idaya is legally obliged to do
> it !
> 
> Correct, unless they have signed a copyright disclaimer.

And if the code right now is GPL, the changes to those codes should be
released. New code added which are not part of the standar file
distribution of FreeVSD should not. If Idaya wants to keep those changes
private, then they should think on re-licensing the code.

>> Well, I guess I'll find out real soon. I've thrown away the patches I made to
>> FreeVSD in the past weeks and simply started from scratch now. If I'll open
> source
>> it (that's an IF there, but at least I'm honest about it), it'll stay open
> source.
> 
> Until you decide that there's no money in it.

Most of the GNU/GPLed source on the net,which you use day-to-day didnt
start as a money ambicious project... There is a big difference !
What push you to watch TV ? do someone pays you to do so ? People do stuff
because they like it, thats the success of the Open Source community, not
the money.

> Writing a project for fun is great.  Releasing a project and seeing
> hundreds of people profit from your work, when you receive nothing
> particularly significant in return is not so great.

Thats not a reason to change or hide code from the project, that actually
means BAD COMMERCIAL PROJECTION from the CEO and P and VPs of the company
and whoever is behind the company.

Open Source its a real way to make your code distributed and used,but that
doesnt mean all the time a commercial success...

Rgards,
_______________________________________________________
Urivan Saaib
Presidente
CiberNET Mexico
Email: [EMAIL PROTECTED]
Tel/Fax: (646) 175.71.95


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