Re: xchat is now shareware in windoze

2004-10-22 Thread Brian Thomas Sniffen
Henning Makholm <[EMAIL PROTECTED]> writes:

> Scripsit Brian Thomas Sniffen <[EMAIL PROTECTED]>
>
>> You're not considering all the cases.  It is true that Debian's
>> license to the original works persists.  But we won't have a license
>> to the derivative work, because the upstream author didn't have the
>> right to prepare that work, much less license it.
>
> Are you arguing that the GPL fails the Tentacles of Evil test?

I wouldn't bring up the Tentacles of Evil test, since I think it's
overbroad and a bit silly.  That said...

> Your position seems to be that anyone who has derived some GPL'ed
> software B from other people's GPL'ed work A can retrospectively
> revoke the GPL license for B by offering a shareware version of it (in
> breach of the license terms for A).

No, only that the authors of A will revoke their license to make and
distribute B on some actions on the part of B's author.

That is, the GPL:

2b says that the modified work is licensed *as a whole* to third parties under
the terms of this license. (emphasis mine)

4: However, parties who have received copies, or rights, from you
under this License will not have their licenses terminated so long as
such parties remain in full compliance.

6: Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.


Most importantly, notice that in 6 the original licensor grants rights
regarding the Program, not works based on it.  The rights to the
modified program come only from 2b.  So when the current maintainer
loses his rights in 2b because of 4, we continue to have the rights
granted in 6, and... hm.

You know, I'm reading 4 again and realizing that it says "from you,"
speaking to the current maintainer.  You're right.  The only way
Debian can get in trouble is if it distributes a modified version
created *after* the current maintainer lost his rights.

> If that is true we will have to remove from main all GPL'ed programs
> whose current maintainer is not their sole author.

No, this is no different from the case where the current maintainer
does anything else to illegally use material written by others in his
work.

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: xchat is now shareware in windoze

2004-10-21 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]>

> After looking at this for a bit, and thinking about it, it looks like
> the shareware is a distribution charge, which is allowed under the
> GPL.

There is still the point that the shareware binaries presumably
contain some code to check their time limit. Under the GPL, the
time-limit-checking code then has to be available in source form.
The comments in this thread indicate that this is not the case.

Now, why anyone would *want* time-limit-checking source code if
unencumbered source is available is beyond me. But our inability to
figure out why people might want to do this or that has never been a
valid argument on this list.

-- 
Henning Makholm"Nu kommer han. Kan du ikke høre knallerten?"



Re: xchat is now shareware in windoze

2004-10-21 Thread Glenn Maynard
On Thu, Oct 21, 2004 at 03:07:00PM -0400, Raul Miller wrote:
> On Wed, Oct 20, 2004 at 03:19:41PM +0200, Giacomo A. Catenazzi wrote:
> > Note: source is GPL, but for windoze binaries it is *required*
> > a registration.
> 
> After looking at this for a bit, and thinking about it, it looks like
> the shareware is a distribution charge, which is allowed under the GPL.

If what the original author wanted to do was use the distribution-charge
allowances to recoup costs for sending out Windows copies, he can add
a front end to his webpage: "paypal me $5 and I'll let you download the
binary and complete source under the GPL (and you can distribute it all
you want from there, since it doesn't cost me money)".  I think this is
what you're describing, and is perfectly valid under the GPL--but it isn't
shareware.

What he appears to actually be doing is: "here's the binary and partial
source; if you want to keep using it after a while, send me $5 and I'll
unlock it for you".  This is shareware; "partial source" is the GPL
violation.

-- 
Glenn Maynard



Re: xchat is now shareware in windoze

2004-10-21 Thread Henning Makholm
Scripsit Brian Thomas Sniffen <[EMAIL PROTECTED]>

> You're not considering all the cases.  It is true that Debian's
> license to the original works persists.  But we won't have a license
> to the derivative work, because the upstream author didn't have the
> right to prepare that work, much less license it.

Are you arguing that the GPL fails the Tentacles of Evil test?

Your position seems to be that anyone who has derived some GPL'ed
software B from other people's GPL'ed work A can retrospectively
revoke the GPL license for B by offering a shareware version of it (in
breach of the license terms for A).

If that is true we will have to remove from main all GPL'ed programs
whose current maintainer is not their sole author.

Or am I misunderstanding you?

-- 
Henning Makholm"They want to be natural, the anti-social
 little beasts. They just don't realize that
 everyone's good depends on everyone's cooperation."



Re: xchat is now shareware in windoze

2004-10-21 Thread Raul Miller
> Raul Miller writes:
> > On Wed, Oct 20, 2004 at 03:19:41PM +0200, Giacomo A. Catenazzi wrote:
> > > Note: source is GPL, but for windoze binaries it is *required*
> > > a registration.
> > 
> > After looking at this for a bit, and thinking about it, it looks like
> > the shareware is a distribution charge, which is allowed under the GPL.

On Thu, Oct 21, 2004 at 03:16:38PM -0400, Michael Poole wrote:
> It is not a distribution charge; it is a charge on continued use,
> which is not allowed under the GPL.

He seems to be giving away the source, and has no problem with people
using it.

If that were the case, this would be a charge on continued use of that
distribution, not on continued use of the Program.

> The shareware version does not provide source code for things like the
> key checker (required by the GPL), does not provide a script or
> directions for linking against a different version of gtk+ (required
> by the LGPL), and apparently omits copyright notices (required by the
> GPL, LGPL and the OpenSSL libraries used).  Unless the license texts
> are embedded in a prominent part of the "shareware" xchat.exe
> executable, they are not included in the shareware version, so users
> do not know what the licenses really are.

If the key checker is a part of the program, this is a rather serious
problem.

Of course, combining GPLed code and OpenSSL code was also a problem,
last time I checked.

> > Note that this has some implications about the rights of users of xchat,
> > whether or not they register their shareware.  [Users who wish to
> > redistribute are allowed to, as long as they satsify GPL's requirements.]
> 
> Users cannot satisfy the GPL's requirements for redistribution, since
> they do not have the source code to rebuild the key-checking code, and
> they do not have scripts or directions to build minigtk.dll.

Which means he's not satisfying GPL's requirements either, for the
stuff other people hold copyrights on.

Ouch.

-- 
Raul



Re: xchat is now shareware in windoze

2004-10-21 Thread Michael Poole
Raul Miller writes:

> On Wed, Oct 20, 2004 at 03:19:41PM +0200, Giacomo A. Catenazzi wrote:
> > Note: source is GPL, but for windoze binaries it is *required*
> > a registration.
> 
> After looking at this for a bit, and thinking about it, it looks like
> the shareware is a distribution charge, which is allowed under the GPL.

It is not a distribution charge; it is a charge on continued use,
which is not allowed under the GPL.

The shareware version does not provide source code for things like the
key checker (required by the GPL), does not provide a script or
directions for linking against a different version of gtk+ (required
by the LGPL), and apparently omits copyright notices (required by the
GPL, LGPL and the OpenSSL libraries used).  Unless the license texts
are embedded in a prominent part of the "shareware" xchat.exe
executable, they are not included in the shareware version, so users
do not know what the licenses really are.

> Note that this has some implications about the rights of users of xchat,
> whether or not they register their shareware.  [Users who wish to
> redistribute are allowed to, as long as they satsify GPL's requirements.]

Users cannot satisfy the GPL's requirements for redistribution, since
they do not have the source code to rebuild the key-checking code, and
they do not have scripts or directions to build minigtk.dll.

Michael Poole



Re: xchat is now shareware in windoze

2004-10-21 Thread Raul Miller
On Wed, Oct 20, 2004 at 03:19:41PM +0200, Giacomo A. Catenazzi wrote:
> Note: source is GPL, but for windoze binaries it is *required*
> a registration.

After looking at this for a bit, and thinking about it, it looks like
the shareware is a distribution charge, which is allowed under the GPL.

Note that this has some implications about the rights of users of xchat,
whether or not they register their shareware.  [Users who wish to
redistribute are allowed to, as long as they satsify GPL's requirements.]

However, given the general ignorance of windows users about development
issues, it might not be that many of them will care.

-- 
Raul



Re: xchat is now shareware in windoze

2004-10-21 Thread Don Armstrong
On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
> Don Armstrong <[EMAIL PROTECTED]> writes:
> > On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
> >> If it were a compilation, that would be fine.  But in many cases --
> >> including this one, I think -- it's not.  We have a license to the
> >> original work from the original author, and to the derivative work
> >> from the upstream.  But the original author also has a copyright on
> >> the derivative work, and we have no license to it from him.
> >
> > The original author has a copyright on his work that is included in
> > the derivative work, not a copyright on the derivative work itself.
> 
> I believe you are mistaken about this.  The original author has a
> copyright which allows him to control the production and
> distribution of derivative works.  Any grants he makes regarding the
> original work are irrelevant to the derivative works.

That depends what grants are made regarding the original work. For
example, the GPL (a grant regarding the original work) grants specific
rights regarding derivative works.

What I was attempting to indicate is that the protection on the
derivative work comes from the presence of copyrighted material from
(or derived from) the original work within the derivative work. That
is, the copyrightable part of the derivative work not stemming from
the original work is owned by the person making the derivative work,
not the copyright holder of the original work.


Don Armstrong

-- 
I now know how retro SCOs OSes are. Riotous, riotous stuff. How they
had the ya-yas to declare Linux an infant OS in need of their IP is
beyond me. Upcoming features? PAM. files larger than 2 gigs. NFS over
TCP. The 80's called, they want their features back.
 -- Compactable Dave http://www3.sympatico.ca/dcarpeneto/sco.html

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: xchat is now shareware in windoze

2004-10-21 Thread Brian Thomas Sniffen
Don Armstrong <[EMAIL PROTECTED]> writes:

> On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
>> If it were a compilation, that would be fine.  But in many cases --
>> including this one, I think -- it's not.  We have a license to the
>> original work from the original author, and to the derivative work
>> from the upstream.  But the original author also has a copyright on
>> the derivative work, and we have no license to it from him.
>
> The original author has a copyright on his work that is included in
> the derivative work, not a copyright on the derivative work itself.

I believe you are mistaken about this.  The original author has a
copyright which allows him to control the production and distribution
of derivative works.  Any grants he makes regarding the original work
are irrelevant to the derivative works.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: xchat is now shareware in windoze

2004-10-21 Thread Don Armstrong
On Thu, 21 Oct 2004, Glenn Maynard wrote:
> On Thu, Oct 21, 2004 at 09:39:18AM -0700, Don Armstrong wrote:
> > Assuming the upstream author has properly licensed upstream's
> > contributions under the GPL, we can distribute those contributions so
> > long as we comply with the terms of the GPL. [There is an argument
> > that the upstream author can't actually distribute upstream's
> > contributions under the GPL, but I'd suggest that even if this is the
> > case, if we can comply with the GPL, we should be able to distribute
> > it ourselves.]
> 
> This is very confusing.  Can you please distinguish between the two
> upstream authors in a way other than calling one "upstream" and the
> other "upstream author"?

Sorry about that. There's only one thing here: "upstream's
contributions" (ie, those things written by the upstream author that
form a derivative work in combination with other GPLed works.)

[In retrospect, I should have worded this better to avoid confusion
between contributions to upstream, and the work(s) that upstream has
written.]


Don Armstrong

-- 
Clothes make the man. Naked people have little or no influence on
society.
 -- Mark Twain 

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: xchat is now shareware in windoze

2004-10-21 Thread Don Armstrong
On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
> If it were a compilation, that would be fine.  But in many cases --
> including this one, I think -- it's not.  We have a license to the
> original work from the original author, and to the derivative work
> from the upstream.  But the original author also has a copyright on
> the derivative work, and we have no license to it from him.

The original author has a copyright on his work that is included in
the derivative work, not a copyright on the derivative work itself.

Because of the way GPL §6 is worded, our license always stems from the
original licensor, not the person who is doing the distribution or
modification.

If this is still a problem, perhaps try asking [EMAIL PROTECTED] I'm
fairly certain that I'm interpreting this reasonably, but they are the
ones who interpret the GPL on a daily basis.


Don Armstrong

-- 
Quite the contrary; they *love* collateral damage. If they can make
you miserable enough, maybe you'll stop using email entirely. Once
enough people do that, then there'll be no legitimate reason left for
anyone to run an SMTP server, and the spam problem will be solved.

Craig Dickson in <[EMAIL PROTECTED]>

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: xchat is now shareware in windoze

2004-10-21 Thread Raul Miller
On Thu, Oct 21, 2004 at 01:38:39PM -0400, Michael Poole wrote:
> Let us call them the package maintainer and patch contributor.

It's a bit more complicated than that.  We have seven people listed
in the AUTHORS file for xchat 1.2.0, with "many others" mentioned in
a footnote.  Most of the sources there are copyright 1988 Peter Zelezny,
and explicitly distributed under the terms of the GPL.

> The package maintainer includes GPL-only code from the patch
> contributor.

Contributors, but yes.

> The package maintainer continues to release that under the GPL, but
> also releases a shareware version in violation of the GPL.  Debian
> would package the GPL version.

If the package maintainer is Peter Zelezny (which it appears to be),
then it's "only" the contributions which he's lost rights to.  And,
there, only if they have not (and will not) assigned copyright to him.

> It is not clear to me that releasing the shareware(-only) version
> terminates the package maintainer's rights to release the GPL version.

If he hasn't been [and won't be] granted non-GPL rights then he's
lost all rights to distribute those elements [and would not be getting
replacement rights].  That's GPL section 4.

> I do not think any reasonable patch contributor would sue over the GPL
> releases made by the package maintainer, although they might easily
> sue over the shareware version.

I think that before any lawsuit actions (if any) happened, the people
involved would need to talk things over to make it clear what they plan
to do about this situation.

That said, until this is sorted out, people receiving the shareware
version should have every right to expect GPLed rights.

> Whether there are grounds to sue the Debian packager or a mirror
> operator is, of course, a different question from whether one really
> wants to package software when its maintainer seems to willfully
> violate copyrights (not just the copyrights on the patches, but also
> those on libraries such as gtk+).

I don't think there are good grounds here for anyone to sue any Debian
packager or mirror maintainer.

I do agree that promoting the work of someone who knowingly violates
the GPL in an ongoing fashion would not be good for the free software
community.

-- 
Raul



Re: xchat is now shareware in windoze

2004-10-21 Thread Michael Poole
Glenn Maynard writes:

> On Thu, Oct 21, 2004 at 09:39:18AM -0700, Don Armstrong wrote:
> > Assuming the upstream author has properly licensed upstream's
> > contributions under the GPL, we can distribute those contributions so
> > long as we comply with the terms of the GPL. [There is an argument
> > that the upstream author can't actually distribute upstream's
> > contributions under the GPL, but I'd suggest that even if this is the
> > case, if we can comply with the GPL, we should be able to distribute
> > it ourselves.]
> 
> This is very confusing.  Can you please distinguish between the two upstream
> authors in a way other than calling one "upstream" and the other "upstream
> author"?

Let us call them the package maintainer and patch contributor.  The
package maintainer includes GPL-only code from the patch contributor.
The package maintainer continues to release that under the GPL, but
also releases a shareware version in violation of the GPL.  Debian
would package the GPL version.

It is not clear to me that releasing the shareware(-only) version
terminates the package maintainer's rights to release the GPL version.
I do not think any reasonable patch contributor would sue over the GPL
releases made by the package maintainer, although they might easily
sue over the shareware version.

More to the point, I do not think *any* patch contributor, reasonable
or not, would have grounds to sue someone who always distributes the
package according to the GPL -- even if this distributor includes
contributed GPL-only patches and later GPL-licensed changes made by
the package maintainer but which depend on those patches.

Whether there are grounds to sue the Debian packager or a mirror
operator is, of course, a different question from whether one really
wants to package software when its maintainer seems to willfully
violate copyrights (not just the copyrights on the patches, but also
those on libraries such as gtk+).

Michael Poole



Re: xchat is now shareware in windoze

2004-10-21 Thread Glenn Maynard
On Thu, Oct 21, 2004 at 09:39:18AM -0700, Don Armstrong wrote:
> Assuming the upstream author has properly licensed upstream's
> contributions under the GPL, we can distribute those contributions so
> long as we comply with the terms of the GPL. [There is an argument
> that the upstream author can't actually distribute upstream's
> contributions under the GPL, but I'd suggest that even if this is the
> case, if we can comply with the GPL, we should be able to distribute
> it ourselves.]

This is very confusing.  Can you please distinguish between the two upstream
authors in a way other than calling one "upstream" and the other "upstream
author"?

-- 
Glenn Maynard



Re: xchat is now shareware in windoze

2004-10-21 Thread Brian Thomas Sniffen
Don Armstrong <[EMAIL PROTECTED]> writes:

> On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
>> It is true that Debian's license to the original works persists.
>> But we won't have a license to the derivative work, because the
>> upstream author didn't have the right to prepare that work, much
>> less license it.
>
> Assuming the upstream author has properly licensed upstream's
> contributions under the GPL, we can distribute those contributions so
> long as we comply with the terms of the GPL. [There is an argument
> that the upstream author can't actually distribute upstream's
> contributions under the GPL, but I'd suggest that even if this is the
> case, if we can comply with the GPL, we should be able to distribute
> it ourselves.]
>
> The other licenses that are granted under GPL §6 come directly from
> the original licensor, not via the intermediate(s) (in this case,
> upstream.) Thus, we have valid GPL licenses for all parts of the
> derivative work.

If it were a compilation, that would be fine.  But in many cases --
including this one, I think -- it's not.  We have a license to the
original work from the original author, and to the derivative work
from the upstream.  But the original author also has a copyright on
the derivative work, and we have no license to it from him.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: xchat is now shareware in windoze

2004-10-21 Thread Don Armstrong
On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
> It is true that Debian's license to the original works persists.
> But we won't have a license to the derivative work, because the
> upstream author didn't have the right to prepare that work, much
> less license it.

Assuming the upstream author has properly licensed upstream's
contributions under the GPL, we can distribute those contributions so
long as we comply with the terms of the GPL. [There is an argument
that the upstream author can't actually distribute upstream's
contributions under the GPL, but I'd suggest that even if this is the
case, if we can comply with the GPL, we should be able to distribute
it ourselves.]

The other licenses that are granted under GPL §6 come directly from
the original licensor, not via the intermediate(s) (in this case,
upstream.) Thus, we have valid GPL licenses for all parts of the
derivative work. That the original author has lost his license to
prepare a derivative work is immaterial to us, because we retain it.

This assumes that the windows version of xchat is a separate derived
work from the version of xchat that we are distributing, of course.


Don Armstrong

-- 
 why the hell does kernel-source-2.6.3 depend on xfree86-common?
 It... Doesn't?
 good point

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: xchat is now shareware in windoze

2004-10-21 Thread Brian Thomas Sniffen
Don Armstrong <[EMAIL PROTECTED]> writes:

> On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
>> It does pose a direct problem for Debian, as we may not have a valid
>> GPL license grant from upstream -- because *his* license under the GPL
>> may have been revoked.
>
>   GPL §4. You may not copy, modify, sublicense, or distribute the
>   Program except as expressly provided under this License. [...]
>   parties who have received copies, or rights, from you under this
>   License will not have their licenses terminated so long as such
>   parties remain in full compliance.
>
> And:
>
>   GPL §6. Each time you redistribute the Program (or any work based on
>   the Program), the recipient automatically receives a license from
>   the original licensor to copy, distribute or modify the Program
>   subject to these terms and conditions.
>
> As you can see, the grant comes from the original licensor to Debian,
> and actions taken by the upstream do not affect our license, so long
> as we remain in full compliance.
>
> So while upstream is likely violating the GPL for works which upstream
> does not hold the copyright for, that violation doesn't pose a risk
> for Debian so long as Debian isn't violating the GPL.

You're not considering all the cases.  It is true that Debian's
license to the original works persists.  But we won't have a license
to the derivative work, because the upstream author didn't have the
right to prepare that work, much less license it.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: xchat is now shareware in windoze

2004-10-21 Thread Don Armstrong
On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
> It does pose a direct problem for Debian, as we may not have a valid
> GPL license grant from upstream -- because *his* license under the GPL
> may have been revoked.

  GPL §4. You may not copy, modify, sublicense, or distribute the
  Program except as expressly provided under this License. [...]
  parties who have received copies, or rights, from you under this
  License will not have their licenses terminated so long as such
  parties remain in full compliance.

And:

  GPL §6. Each time you redistribute the Program (or any work based on
  the Program), the recipient automatically receives a license from
  the original licensor to copy, distribute or modify the Program
  subject to these terms and conditions.

As you can see, the grant comes from the original licensor to Debian,
and actions taken by the upstream do not affect our license, so long
as we remain in full compliance.

So while upstream is likely violating the GPL for works which upstream
does not hold the copyright for, that violation doesn't pose a risk
for Debian so long as Debian isn't violating the GPL.


Don Armstrong

-- 
I leave the show floor, but not before a pack of caffeinated Jolt gum
is thrust at me by a hyperactive girl screaming, "Chew more! Do more!"
The American will to consume more and produce more personified in a
stick of gum. I grab it. -- Chad Dickerson

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: xchat is now shareware in windoze

2004-10-21 Thread Lewis Jardine

Brian Thomas Sniffen wrote:


It does pose a direct problem for Debian, as we may not have a valid
GPL license grant from upstream -- because *his* license under the GPL
may have been revoked.

-Brian



Am I correct in my reading of the GPL that the upstream losing his 
license is only a problem for people receiving the software from him 
after the revocation occurs? As I understand it, any existing copies 
distributed to others before the revocation receive a license from the 
original author, that is only revocable should the recipient do 
something to violate the GPL.


Therefore (if my reading is correct), this is not a pressing problem, 
until/unless Debian starts distributing code that was distributed by the 
upstream after his infringing action?



--
Lewis Jardine
IANAL IANADD



Re: xchat is now shareware in windoze

2004-10-21 Thread Brian Thomas Sniffen
It does pose a direct problem for Debian, as we may not have a valid
GPL license grant from upstream -- because *his* license under the GPL
may have been revoked.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: xchat is now shareware in windoze

2004-10-20 Thread Michael Poole
John Goerzen writes:

> On Wednesday 20 October 2004 08:19 am, Giacomo A. Catenazzi wrote:
> > Hello.
> >
> > Navigating in the xchat site (debian package xchat),
> >
> > I found in http://www.xchat.org/windows/  these sentences:
> >  > Q. Has the license for X-Chat changed?
> >  > A. The Windows version is shareware, however, you may still
> >  > download the source code, released under the G.P.L.
> >
> > Note: source is GPL, but for windoze binaries it is *required*
> > a registration.
> 
> This may be perfectly acceptable.
> 
> Assuming that the sources for the Windows version include all the 
> registration/validation logic, and are distributed under the GPL, 
> providing a compiled binary of them is completely kosher.  Of course, 
> anybody with a compiler could hack out the time limit.
> 
> Now, if the registration/validation logic is not part of those GPL'd 
> sources, then we have a problem.

Briefly perusing the CVS repository on SourceForge, there does not
appear to be any logic for checking the license keys.  The Win32
executable also seems to be linked against a modified version of a
gtk+ library, with no source provided for that (it definitely includes
"minigtk.dll" wand a "gtkrc" file with no explanation of the license
for that).  It also seems to be linked against OpenSSL (it includes
"libeay32.dll and libssl32.dll) without including the copyright
notices required by those licenses.  I know several contributors to
X-Chat have complained about the shareware release and feel that it
infringes their copyrights.

In short, the Windows version seems to blatantly and willfully violate
a number of copyrights.  The maintainer makes it clear he will
continue to redistribute code contributed under the GPL as shareware
(at http://forum.xchat.org/viewtopic.php?t=533).  This does not pose a
direct problem for Debian, since Debian would not be distributing the
Windows shareware version, but Debian may not want to support software
whose authors do things like X-Chat's maintainer has done.

Michael Poole



Re: xchat is now shareware in windoze

2004-10-20 Thread Joachim Breitner
Hi,

Am Mittwoch, den 20.10.2004, 16:36 -0500 schrieb John Goerzen:
> Now, if the registration/validation logic is not part of those GPL'd 
> sources, then we have a problem.

If it only applies to the windows sources/binary, we don't have a
problem. If anybody has a problem, then those who contributed GPLed code
or whose GPLed code somehow else made their way into the windows
sources, but did not agree with that licencing.

Or is there anything that actually and legally should worry debian,
besides a possible different view on free software from some upstream
author?

thx,
nomeata
-- 
Joachim "nomeata" Breitner
Debian Developer
  [EMAIL PROTECTED] | ICQ# 74513189 | GPG-Keyid: 4743206C
  JID: [EMAIL PROTECTED] | http://people.debian.org/~nomeata



Re: xchat is now shareware in windoze

2004-10-20 Thread John Goerzen
On Wednesday 20 October 2004 08:19 am, Giacomo A. Catenazzi wrote:
> Hello.
>
> Navigating in the xchat site (debian package xchat),
>
> I found in http://www.xchat.org/windows/  these sentences:
>  > Q. Has the license for X-Chat changed?
>  > A. The Windows version is shareware, however, you may still
>  > download the source code, released under the G.P.L.
>
> Note: source is GPL, but for windoze binaries it is *required*
> a registration.

This may be perfectly acceptable.

Assuming that the sources for the Windows version include all the 
registration/validation logic, and are distributed under the GPL, 
providing a compiled binary of them is completely kosher.  Of course, 
anybody with a compiler could hack out the time limit.

Now, if the registration/validation logic is not part of those GPL'd 
sources, then we have a problem.

-- John



xchat is now shareware in windoze

2004-10-20 Thread Giacomo A. Catenazzi

Hello.

Navigating in the xchat site (debian package xchat),
I found in http://www.xchat.org/windows/  these sentences:

> Q. Has the license for X-Chat changed?
> A. The Windows version is shareware, however, you may still
> download the source code, released under the G.P.L.

> You may use X-Chat for Windows for free for 30 days. If,
> after this time, you would like to continue using the product,
> you are required to register. Registration is a one time fee
> of $20 USD (United States Dollars) or $25 AUD (Australian
> Dollars). You may pay using the Paymate service below, which
> accepts credit cards in both currencies.

Note: source is GPL, but for windoze binaries it is *required*
a registration.

So I propose to the debian maintainer, not to send patch
to upstream, without an explicit declaration that the patches
are licensed GPL-only and thus not available in non GPL code.

legal team: do you think it is good such requirement?
What do you think about such mix free/shareware in debian?
[note that I don't think all patch authors relicensed the
code]

ciao
cate