IANAL and I suppose myself and others who aren't lawyers should not try to be lawyers, but since you mentioned that linuxsampler developers are exposed to litigation and i was at some point involved in that, i'd like to make two brief comments (i know i'm probably going to regret that): 1) IANAL, but it's my understanding that _everybody_ is subject to litigation at any point of time, at least in the US. 2) IANAL, but according to wikipedia http://en.wikipedia.org/wiki/Open_source_software: " The term "Open Source" was originally intended to be trademarkable; however, the term was deemed too descriptive, so no trademark exists[9]. "
having pointed those two out, i agree with many points you made. if it makes any difference (and it really doesn't) it all sounds very reasonable and logical. On Fri, Nov 28, 2008 at 7:23 PM, Gregory Maxwell <[EMAIL PROTECTED]> wrote: > On Fri, Nov 28, 2008 at 5:05 PM, Graham Goode <[EMAIL PROTECTED]> wrote: > [sno[ >> Now for the exception they make: under normal circumstances, commercial >> hardware- and software makers are not allowed to use GPL code (LGPL yes, >> but that's another story). > > Wrong wrong wrong. > > Commercial hardware and software makers are free to use GPL (and LGPL) > code. They must abide by the terms of the GPL, which will cause them > to make all or some of the source code of their product available. > (And GPLv3 ensures that people who purchase the hardware have the same > ability to update the software as the maker does). Some commercial > vendors may not like the requirements of the GPL and thus may chose > not to use GPL covered works, but the GPL contains absolutely no > prohibition against commercial use. > > Sometimes commercial users engage in activities which are counter to > the freedom purpose of free software (i.e. "tivoization") which is why > the GPL has been updated to address those risks, but commercial usage > itself is generally considered to be a protected activity by the Free > Software foundation. > >> So the linuxSampler license is a bit less >> restrictive than the real GPL, in that it gives commercial software makers >> a chance to use their code, even in ways the GPL does not allow it, but >> only if permission is given by the authors. > > Strictly speaking linuxsampler, by prohibiting commercial use, fails > to meet the definition of free software > (http://www.gnu.org/philosophy/free-sw.html), the open source > definition (http://www.opensource.org/docs/definition.php), and by > extension the requirements of various distributions: E.g. Fedora > (http://fedoraproject.org/wiki/Packaging/LicensingGuidelines) and > Debian (http://www.debian.org/social_contract#guidelines). > > Because "open source" is a trademark the authors of Linux Sampler are > currently exposed to litigation for abusing the mark to describe their > product as something it's not. > > Perhaps it is best for the world if Linux Sampler doesn't permit being > embedded in commercial products, I wouldn't have any clue. But it's > simply incorrect to describe the Linux sampler licensing terms as more > permissive than the GPL. > > >> If it were pure GPL, giving this permission would be impossible. So this >> license gives a bit more freedom, it does not take the freedom from GPL." > [snip] > > This is not true. If it were pure GPL from many copyright holders with > no assignment then yes, you couldn't give permission for uses which > violate the GPL. > > Some authors of pure GPL software also offer the software under > alternative terms for commercial users who do not wish to abide by the > requirements of the GPL. (i.e. the requirements to include source for > the GPL covered works, etc) > > ------------------------------------------------------------------------- > This SF.Net email is sponsored by the Moblin Your Move Developer's challenge > Build the coolest Linux based applications with Moblin SDK & win great prizes > Grand prize is a trip for two to an Open Source event anywhere in the world > http://moblin-contest.org/redirect.php?banner_id=100&url=/ > _______________________________________________ > Linuxsampler-devel mailing list > Linuxsampler-devel@lists.sourceforge.net > https://lists.sourceforge.net/lists/listinfo/linuxsampler-devel > -- Regards, Vladimir ------------------------------------------------------------------------- This SF.Net email is sponsored by the Moblin Your Move Developer's challenge Build the coolest Linux based applications with Moblin SDK & win great prizes Grand prize is a trip for two to an Open Source event anywhere in the world http://moblin-contest.org/redirect.php?banner_id=100&url=/ _______________________________________________ Linuxsampler-devel mailing list Linuxsampler-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/linuxsampler-devel
