Question about GPL and non-free dual licensing

2007-04-21 Thread Ben Finney
Shriramana Sharma <[EMAIL PROTECTED]> writes:

> Say someone creates a library libfoo in the C language. The library
> is dual-licenced -- under the GPL and under a commercial
> licence.

Please note that the GPL *is* a commercial license. Nothing in it
prevents anyone engaging in commerce -- selling the software or
anything related to it -- and many organisations and individuals have
been doing exactly that for many years.

Free software *is* commercial software; any software with a license
that restricted its sale is non-free by definition. Mistakenly using
"commercial" as though it were the opposite of "free" spreads the
fallacy.

http://www.fsf.org/licensing/essays/selling.html>

The distinction you may be looking for is "under the GPL and under a
non-free license".

http://www.fsf.org/licensing/essays/words-to-avoid.html#Commercial>

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Ben Finney


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Re: Request for GR: clarifying the license text licensing / freeness issue

2007-04-21 Thread Ben Finney
Ian Jackson <[EMAIL PROTECTED]> writes:

> Ben Finney writes ("Re: Request for GR: clarifying the license text licensing 
> / freeness issue"):
> > [The status quo] doesn't address the concern that motivated this
> > discussion: that the license texts which have restrictions on
> > modification are non-free works by the DFSG, yet are being
> > distributed in Debian against the Social Contract.
>
> This concern DOES NOT NEED TO BE ADDRESSED.  It needs to be IGNORED.

You seem to be saying that a violation of the social contract should
be ignored. My response to that is that where there is a violation,
the social contract and actual practice are out of sync, and one or
the other (or both) needs to be changed.

If that's not what you're saying, please clarify.

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Re: License missing in the tarball but present on the website

2007-04-21 Thread Joerg Jaspert
On 10997 March 1977, Gonéri Le Bouder wrote:

> Upstream published an errata on the website. The don't have a gpg key to
> sign the post:
> http://vdrift.net/article.php/license-change-2007-03-23-release
> I will copy the post in the debian/changelog with a link to the website.
> Is it enough?

debian/copyright is the place where such stuff has to be.

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Re: License missing in the tarball but present on the website

2007-04-21 Thread Gonéri Le Bouder
>On Thu, Apr 19, 2007 at 12:24:26PM +0200, Gonéri Le Bouder wrote:
...
>If the project is relatively fast moving and vdrift is
>in etch, it might be a good idea to package it with the tarball updated
>to reflect the licence change for etch r1 whenever that occurs and ask
>for it to be put into stable-proposed-updates. This would cover all 
>bases: anyone who had got vdrift from r0 would be made aware: anyone
>who installed from r1 onwards would automatically get the changed 
>licence terms.
The concerned tarball is not in Etch.

>Any lenny / sid package would just be packaged with the new licence.
>
>> My question is: in the debian/copyright, is it possible to refere to a
>> license that is on a website or in an archived mailing list.
>> 
>I don't think that's adequate, unfortunately. What if I install from 
>CD and have no 'Net access?
Upstream published an errata on the website. The don't have a gpg key to
sign the post:
http://vdrift.net/article.php/license-change-2007-03-23-release

I will copy the post in the debian/changelog with a link to the website.
Is it enough?

Best regards,

   Gonéri


pgpZlG0Q5nFjF.pgp
Description: PGP signature


Re: question about gpl-commercial dual licencing

2007-04-21 Thread Jacobo Tarrio
El sábado, 21 de abril de 2007 a las 15:10:31 +0530, Shriramana Sharma escribía:

> Say someone creates a library libfoo in the C language. The library is 
> dual-licenced -- under the GPL and under a commercial licence. GPL is 
> Now I create Python binding to that library - pyfoo. Now I would like to 
> dual-licence it myself, under the same terms -- GPL and a commercial 
> Now to get the right of dual-licensing, do I have to obtain a commercial 
> licence from the author of libfoo?
> If yes, why? If no, why not? Please elucidate. Thanks.

 Basically, if a customer of yours wanted to use pyfoo to create a Python
application using libfoo which is distributed under terms other than the
GPL, that customer of yours would need both a license from you and a license
from the author of libfoo.

 Now, you could enter an agreement with the libfoo author so that you can
sell directly pyfoo+libfoo licenses...

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Re: backporting and dual-licensing

2007-04-21 Thread Andrew Donnellan

On 4/21/07, Shriramana Sharma <[EMAIL PROTECTED]> wrote:

My question is: What would be considered a big enough
difference/modification that X would need Y's permission for backporting
the changes?


Anything that is big enough to legally create a derivative.



1. If Y fixes a bug (of whatever severity) with a patch?


Depends on the patch. If it's only a typo then maybe not, if it's
bigger then maybe.



2. If Y makes improvements to the library by optimizing some algorithms?


Depends on the optimisations, but usually, yes.



3. If Y adds new functionality to the library?


Almost definitely.



4. If Y just restructures the library in a more efficient manner.


I'd say yes.

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backporting and dual-licensing

2007-04-21 Thread Shriramana Sharma
Say a person X writes a library libfoo. He licenses the library out 
under both the GPL and a commercial licence.


A person Y uses libfoo under the GPL. He goes and does a lot of 
improvements in the library since it is under the GPL. Now the modified 
version of libfoo is copyrighted by both X and Y.


So X would not be able to import such improvements into the main 
distribution of libfoo since then he would not be able to dual-licence 
it - specifically he would not be able to licence it commercially, not 
owning it entirely. He must either take Y into his business or obtain a 
waiver from Y by one-time payment or whatever.


My question is: What would be considered a big enough 
difference/modification that X would need Y's permission for backporting 
the changes?


1. If Y fixes a bug (of whatever severity) with a patch?

2. If Y makes improvements to the library by optimizing some algorithms?

3. If Y adds new functionality to the library?

4. If Y just restructures the library in a more efficient manner.

Shriramana Sharma.


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Re: question about gpl-commercial dual licencing

2007-04-21 Thread Andrew Donnellan

On 4/21/07, Shriramana Sharma <[EMAIL PROTECTED]> wrote:

Hello all.

Say someone creates a library libfoo in the C language. The library is
dual-licenced -- under the GPL and under a commercial licence. GPL is
for open-source consumers and commercial licence is for closed-source
consumers.

Now I create Python binding to that library - pyfoo. Now I would like to
dual-licence it myself, under the same terms -- GPL and a commercial
licence.

Now to get the right of dual-licensing, do I have to obtain a commercial
licence from the author of libfoo?

If yes, why? If no, why not? Please elucidate. Thanks.


If you created the bindings using ctypes or similar, where there's no
actual linking taking place, I think it's all OK.

Otherwise, I think you still need a license - you would be linking
against the library to create the bindings, therefore creating a
derivative work, and as you have received the library under the GPL
the terms of the GPL must apply. Of course, it still depends on
whether the commercial license gives permission to do stuff like that
anyway.

However, I think a nice email to the author can clear it all up anyway
- your Python bindings would simply drive more sales of the commercial
license anyway.

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question about gpl-commercial dual licencing

2007-04-21 Thread Shriramana Sharma

Hello all.

Say someone creates a library libfoo in the C language. The library is 
dual-licenced -- under the GPL and under a commercial licence. GPL is 
for open-source consumers and commercial licence is for closed-source 
consumers.


Now I create Python binding to that library - pyfoo. Now I would like to 
dual-licence it myself, under the same terms -- GPL and a commercial 
licence.


Now to get the right of dual-licensing, do I have to obtain a commercial 
licence from the author of libfoo?


If yes, why? If no, why not? Please elucidate. Thanks.

Shriramana Sharma.


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Re: License missing in the tarball but present on the website

2007-04-21 Thread Andrew M.A. Cater
On Thu, Apr 19, 2007 at 12:24:26PM +0200, Gonéri Le Bouder wrote:
> Hello,
> 
> The vdrift upstream uploaded a data tarball with some content licensed under
> the Creative Commons Attribution-Non-Commercial-Share Alike 2.5 license.
> 
> After discution there are agree to relicense these files under GNU GPL
> but the tarball is quite udge (> 200M) and so I think it should provably
> be easier to publish a notification on the website. 
> 

Notes in the README.Debian and any relevant docs directory would help. 
A copy of their email would also be useful in there. This sort of thing 
would actually be useful in DWN. "$foo data relicensed to GPL" 

If the project is relatively fast moving and vdrift is
in etch, it might be a good idea to package it with the tarball updated
to reflect the licence change for etch r1 whenever that occurs and ask
for it to be put into stable-proposed-updates. This would cover all 
bases: anyone who had got vdrift from r0 would be made aware: anyone
who installed from r1 onwards would automatically get the changed 
licence terms.

Any lenny / sid package would just be packaged with the new licence.

> My question is: in the debian/copyright, is it possible to refere to a
> license that is on a website or in an archived mailing list.
> 
I don't think that's adequate, unfortunately. What if I install from 
CD and have no 'Net access?

> Best regards,
> 
>Gonéri

All best,

Andy