On Thu, 2011-01-06 at 17:50 +0530, jtd wrote:
> > > That the only thing that might yet save JAVA is the GPL
> >
> > save JAVA from what?

you have not answered this point
> 
> >
> > > One might note that with the sale of Novell's patents, GPLV3 like
> > > terms seems to be the only option for all other non BSDish open
> > > licences.
> >
> > what does this mean?
> 
> GPLV3 requires assignment of patent rights automatically to all 
> downstream distributors.
> 
> >
> > > Much of your arguments (except one) is about (1) expecting others
> > > to behave
> >
> > huh? who am I expecting to behave? and behave how?
> 
> 1) the guy who takes bsd code into gpl and 
> 2) the guy who takes his contribution private (pseudo gplsts)
> 
> In both cases you want him to behave in a way that the licence does 
> not require. If you intend to prevent 1 you will have to add a 
> derivative clause that requires release of derivative works under BSD 
> licence. So now you will be rewarding bad behaviour. If someone takes 
> the code closed it's ok, but if he takes it gpl you wont allow

when did I say that - he has the right to close his copy and the right
to make it gpl. I also have the right to try and make him see sense and
flame him if he doesnt. But I do not have the right to prevent him from
doing bad things like this.
> 
> >
> > >  and (2) the assumption that an improvment is not desired by
> > > the original developer.
> >
> > where did I make that assumption - I am on record saying that a
> > major motivation for open sourcing code is the hope that people
> > will step in improve the software.
> 
> How does the software improve without contributing back?. If a 
> recipient takes his contibution private, inspite of deriving his work 
> from foss he is without a shadow of doubt nullifying the major 
> reason. Which partly is what the gpl prevents. 

well, it may come as a surprise to you that there are thousands of BSD
licensed projects where people contribute back - sometimes in very large
numbers. In fact the normal method of contribution is contribution back.
And it is voluntary - I have seen some instances of modifying and
distributing a closed source copy - and then contributing back part or
whole of the closed portion. 

> 
> With BSD you are, by not specifically asking for contribution thru 
> clauses in the licence, telling the downstream guy I dont care.
> 
> With gpl you are saying I care, so dont touch the damned thing if you 
> dont want to contribute your code.

I am a firm believer in persuasion over force
> 
> >
> > > I fail to see how  (1) holds in the light of the above list.
> > > The whole point of opening your code is the desire for
> > > improvment, so proposing (2) as an argument against gpl seems
> > > rather strange.
> >
> > I haven't proposed this
> >
> > > The exception is BSD not benefiting from literal copying of gpl
> > > code. Note that reading and reimplementing gpl code is a  viable
> > > alternative,
> >
> > are we allowed to do that? I wanted to port RT to python/django,
> > but I saw GPL and was discouraged. If you can certify that I can do
> > this and license it under BSD I will be forever grateful to you
> 
> You can read and reimplement it in a different way. You are not 
> copying (or transcribing), which is what copyright is about.

suppose I take RT, study the code and implement the whole thing in
python/django, is that a copy? or a reimplementation. As far I can see
the problem would lie in the database structure - I would have to
restructure the database to suit django, but that could be interpreted
as a copy?

> In the case of GPL software, reimplementing code is very clearly not 
> copying.

so I can go ahead?

> 
> Note: I abhor closed works derived from foss. I could not care less 
> about an independent closed implementation of any code. 

I abhor both
-- 
regards
KG
http://lawgon.livejournal.com
Coimbatore LUG rox
http://ilugcbe.techstud.org/

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