On Monday 22 August 2005 20:04, Timothy Miller wrote:
>
> We are NOT discussing the ASIC right now.  We are discussing the C++
> model that will be open source from the beginning.  The model will be
> published under a proprietary license with the provision that ANYONE
> can convert it to GPL at ANY TIME.  To me, it's under a proprietary
> license.  To you, it's either that license or the GPL, as you please.

That doesn't make sense. If you are the copyright owner, then you own the 
copyrights, and you don't need to give yourself a licence to do something, 
because you already have all the rights. So, as long as you own the 
copyrights to everything, you can publish it under the terms of the GPL, and 
still do anything you like with it, including publishing it under a 
different, proprietary licence.

If you do not own the copyrights to everything, then the owners of the 
copyrights of the parts that you don't own need to give you a licence to use 
their stuff in proprietary works, and everyone else a licence to use it under 
the GPL. Additionally, they have the right to licence out their parts to 
third parties under their own licence. That is, unless these parts can be 
considered derived works of the rest of the work, in which case they must 
publish them under the GPL only. That could get hairy with multiple 
contributors.

> If you want to contribute to the project as it's going, you can submit
> your changes under MY license, and then they'll instantly come back
> out and be available under GPL if you choose.
>
> All I'm trying to do is pull a TrollTech or MySQL, but with a slightly
> different set of priorities.  People don't have a problem with
> TrollTech, so they shouldn't have a problem with what we're doing.
> Perhaps I'm going about this wrong.  Perhaps it should be under GPL,
> and I can refuse to accept contributions into my tree if I don't get
> from you the permission I need.  That's what TrollTech and MySQL do.
> Would you prefer it that way?  I just don't want to have to mess about
> with making sure everyone's given me permission.

The problem is that by default, the creator of a work owns the copyright. 
Unless they explicitly sign it over to you, or licence that work to you under 
a specific licence, all rights are reserved. That is why Linus created all 
this signing-off stuff on patches that go into the kernel. You can of course 
refuse patches if they don't come with an appropriate licence. You could make 
people who have SVN access sign an agreement that anything they enter into 
SVN is under a specific licence, and that if it isn't they're liable, not 
you.

All in all, I don't think it's too much of a burden to require people who 
submit anything more than a one-liner patch to include a simple statement 
that they give you a licence or that they sign over the copyrights to you.


Incidentally, it seems to me that what you're trying to do is a lot like what 
Netscape does with Mozilla. How about a modified MPL, with the GPL in a 
dual-licence?

Lourens

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