I haven't ever contacted them requesting a copy of the source (I was going
to at one point) but I imagine they would if someone requested it (they
would be dumb not to because it's just asking for trouble, and their target
audience doesn't care at all).
I believe it's a violation of the GPL to not bundle at least an offer of the
source code along with the program itself, so they may be violating that
clause.
Section 2c:
If the modified program normally reads commands interactively when run, you
> must cause it, when started running for such interactive use in the most
> ordinary way, to print or display an announcement including an appropriate
> copyright notice and a notice that there is no warranty (or else, saying
> that you provide a warranty) and that users may redistribute the program
> under these conditions, and telling the user how to view a copy of this
> License. (Exception: if the Program itself is interactive but does not
> normally print such an announcement, your work based on the Program is not
> required to print an announcement.)
This seems to mean that if Mixxx had a copyright notice in the program, then
they would be obligated to follow suit and output the copyright notice. I
think "In the most ordinary way" in our case is the About box. Our About box
does not mention the GPL, nor does it mention the Mixxx copyright, so they
are able to skirt by because our program does not "normally print such an
announcement". We could throw in a copyright notice and a GPL mention in the
About box, and I think they would be bound to preserve that in their fork.
RJ
On Wed, Mar 3, 2010 at 10:52 PM, Scott <[email protected]> wrote:
> I can't find the source for "Digital DJ Pro", can anyone else? If not,
> that's a violation of GPLv2, no?
>
> -Scott
>
> On Wed, 2010-03-03 at 22:20 -0500, Garth Dahlstrom wrote:
> > Hi Jus,
> >
> >
> > Our relationship with "Music Oasis/Freeze.com" is not a friendly one,
> > we have threatened them in the past for trademark violation.
> >
> >
> > The levers of control Mixxx has over it's IP are:
> > * Trademark - the "Mixxx" brand and representations
> >
> >
> > * Copyright - published works: code, artwork, documentation,
> > website, etc
> >
> >
> > For trademark, its pretty simple, they can't use our name "Mixxx" or
> > represent themselves as us in a manner that creates confusion in the
> > marketplace. We have taken steps to defend our trademark by
> > threatening Music Oasis & co when they used our name and also claimed
> > they had trademark over it on their site in the past (they put "Mixxx
> > Digital DJ Pro" is TM of Music Oasis on the bottom of their webpage).
> > They have since removed all references to "Mixxx".
> >
> >
> > With respect to copyright the situation is a bit more complicated:
> > * Code: this is covered by the GPLv2, which means anyone can create
> > and distribute binaries provided the source code and derived source
> > code (for changes made) are available to the public to rebuild and
> > pass along under the terms of the GPLv2. (Provided they do not
> > violate our other copyrighted materials or our trademark they are
> > allowed to do this.)
> >
> >
> > * Artwork and other copyrighted works: These are not licensed
> > explicitly under the GPL, and so we can enforce copyright violations
> > on these as we have made no grant of redistribution rights to
> > anyone... (This is why they have re-skinned / rebranded their copy)
> >
> >
> > The situation with Art is one of the primary motivations of why we'd
> > want new skins to adopt a CC license (to prevent ripping off Mixxx)
> > with an assignment of copyright to Mixxx so Mixxx can take action to
> > stop groups like Music Oasis from ripping off the skins.
> >
> >
> > I personally have no problem with people forking GPL code for profit,
> > but I think there is a certain etiquette to doing it on good terms.
> > I'm not saying one need ask for permission, but it's not nice to
> > pollute the original groups trademark/market and try to pass of the
> > work as entirely your own when all you did was change some artwork.
> > Given that they have made pretty much no attempt to be on good terms
> > with us or make even a token contribution back to the Mixxx community
> > from which they profit, I would be happy to see Mixxx initiate full
> > fledge litigation against them if they were found to be in violation
> > of the GPL (though I can't speak on behalf of Mixxx as a whole in this
> > respect).
> >
> >
> > Cheers,
> >
> >
> > -G
> >
> >
> > P.S. typed this in a bit of a hurry, so @mixxx.org folks feel free to
> > add/correct if I missed on anything...
> >
> >
> >
> >
> > On 2010-03-03, at 7:59 AM, jus wrote:
> >
> > > Hello,
> > > i was curious why there are more&more new users looking for help in
> > > the forum referring to Mixxx as "Digital DJ pro" or "DJ Pro".
> > >
> > >
> > > A quick search brings
> > > up http://www.freeze.com/download/Audio/Digital-DJ-Pro and
> > > http://www.music-oasis.com/download/Audio/Digital-DJ-Pro .
> > >
> > >
> > > They only changed the "About" splashscreen & the default skin to an
> > > own crappy one.
> > >
> > >
> > > Windows users are tricked into downloading a "download manager"
> > > which pulls the rebranded Mixxx 1.7.0 to the users computer.
> > > The downloader drops additional payloads such as browser toolbars,
> > > changes that browser startpage and set cookies that look like
> > > measurement for a kind of revenue sharing program.
> > >
> > >
> > > EXAMPLE:
> > >
> ProductSessionId=ab106995-89bf-4c79-a0a9-d16f367893413077&VersionId=-1&Tracking=0&SessionTime=1/3/2010
> 5:22:38
> AM&CampaignID=127849&ShortName=digitaldj&LeadmanSessionId=14c97e18-8069-41e5-9921-106995&PingRestrictionsRecorded=1&Membership=0.
> > >
> > >
> > > If the download stats on freeze.com are correct over 400000 ppl
> > > downloaded already...
> > >
> > >
> > >
> > >
> > > Is it legal under the GPL to reuse Mixxx in that manner?
> > >
> > >
> > >
> > >
> > > jus
> > >
> > >
> > >
> ------------------------------------------------------------------------------
> > > Download Intel® Parallel Studio Eval
> > > Try the new software tools for yourself. Speed compiling, find bugs
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> > >
> http://p.sf.net/sfu/intel-sw-dev_______________________________________________
> > > Mixxx-devel mailing list
> > > [email protected]
> > > https://lists.sourceforge.net/lists/listinfo/mixxx-devel
> >
> >
> ------------------------------------------------------------------------------
> > Download Intel® Parallel Studio Eval
> > Try the new software tools for yourself. Speed compiling, find bugs
> > proactively, and fine-tune applications for parallel performance.
> > See why Intel Parallel Studio got high marks during beta.
> > http://p.sf.net/sfu/intel-sw-dev
> > _______________________________________________ Mixxx-devel mailing list
> [email protected]
> https://lists.sourceforge.net/lists/listinfo/mixxx-devel
>
>
>
>
> ------------------------------------------------------------------------------
> Download Intel® Parallel Studio Eval
> Try the new software tools for yourself. Speed compiling, find bugs
> proactively, and fine-tune applications for parallel performance.
> See why Intel Parallel Studio got high marks during beta.
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> _______________________________________________
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> [email protected]
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>
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