On Friday 07 January 2011 12:59:20 Kenneth Gonsalves wrote:

> 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

>From losing foss developers.

>
> > > > 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.

If it's your code you do have a right and a responsibilty too. It's 
entirely your chioice. Same with the folks who use the GPL.

>
> > > >  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 

Who is disputing this?

> - I have seen some instances 
> of modifying and distributing a closed source copy - and then
> contributing back part or whole of the closed portion.

So how is " part" = "whole".  And how is "some" = "All"
BTW if you ship a closed GPL package, and contribute back to head, 
alongwith a link to head with the closed, there is no problem at all. 

The problem is "part" and "some".

>
> > 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

Fair enough.

>
> > > > 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. 

Very very much 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?


Even if you exactly replicated the db structure, it would not be a 
copy. A database structure would be analogous to a filing cabinet.
I am am sure nobody could sue me for copying the "method" of 
organising a filing cabinet or the internal organisation of the 
contents in a filing cabinet.

>
> > In the case of GPL software, reimplementing code is very clearly
> > not copying.
>
> so I can go ahead?

IMO 100%

One assumes that patents is a non issue.

http://kerneltrap.org/mailarchive/openbsd-misc/2007/11/9/399443
>
> > 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/


-- 
Rgds
JTD
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