Re: [Flightgear-devel] Licensing issues

2002-10-19 Thread Erik Hofman
John Check wrote:


Theres nothing abot the licensing terms of the base package
that would prevent the scenario of which he speaks.

FWIW Erik, I understand how you feel, but OTOH thats the GPL.


Yep, GPL covers almost anything, but I'm not so sure LGPL does.

Erik


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Re: [Flightgear-devel] Licensing issues

2002-10-18 Thread Alex Perry
Christian (and others):
The purpose of my two bits of text, which you quoted, was to
formally state on the mailing list what _my_ policy is for _this_ project.
I was not trying to tell anybody else how their patches/code should be
treated ... I wrote the message to avoid putting GPL copyright notices on
the top of every little patch I routinely send through the mailing list.
I should explicitly mention that my policy may be different on other projects.
Thus, I encourage you to disagree with my personal policy (grin).

  I think I've said this before.  If I submit a patch against someone
  else's file, the patch is intended to inherit the copyright and any
  current or future licensing of the containing file or code fragment.

  When I create a file, or submit a large patch to a file without an
  identified copyright owner, the intent is to retain the copyright
  in my name and apply _only_ the then-current GPL license version.

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Re: [Flightgear-devel] Licensing issues

2002-10-18 Thread Brandon Bergren
Erik Hofman wrote:
 Okay, here's my view.

 I've spent numurous hours of work into FlightGear (sometimes even almost
 as a day job) not only for the fun of it, but also because it's Free
 (for everyone). The fun would stop for me if I noticed my work ens up in
 a commercial application as an easy way to make money. You don't want to
 know how much time I've spent creating the F-16 configuration file and
 some of the texture (realy, you don't).

 That said, if the product will clearly state it's based on FLightGear
 _and_ provided the URL to the website, I'm willing to accept almost
 anything because that assures me there won't be any commercial
 compettitor which directly affects FlightGear.

 For instance, if there ever will be a sailing simulator based on large
 parts of FLightGear, I would have no obligations because it doesn't
 affect FlightGear itself. However, if for example the textures end up
 included in a commercial flight simulator just because it saves them
 time, I will strongly disagree.

 On the other hand, if one or more of the active FlightGear developers
 get the opportunity to spent their life developing FlightGear that way
 (which *is* a donation to FlightGear if you ask me) I would have no
 obligations at all.

 Erik

Erik, I don't think there's any movement to change the license on the
base package.  I believe this discussion is on moving useful code
routines from fg to sg, to make simgear a more useful and attractive
platform.

--Brandon Bergren




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Re: [Flightgear-devel] Licensing issues

2002-10-17 Thread Julian Foad
Curtis L. Olson wrote:
 What I would like to propose for people's consideration, is the idea
 of taking each of FlightGear's component libraries and converting them
 to the LGPL license.  The top level wrapper code (i.e. whatever is in
 src/Main) would remain GPL.

Well, it doesn't matter what license is used for the wrapper code:

   for (i=1, iN; ++i) {
 subsystem[i].start();
   }

because anyone could re-write it easily.  Effectively we're talking 
about putting as much as possible under LGPL.  At first I thought that 
sounded like betrayal, but now I'm thinking it sounds good.  It would 
allow companies who sell a product to include part or (essentially) all 
of Flight Gear in their product.  They would still have an obligation to 
make freely available any modifications to Flight Gear components, so we 
and anyone else would not lose out and might benefit if they felt 
generous.  They might just put minimal hooks in to get at what they 
need, and not contribute anything valuable back to us.  I don't think 
that matters much.  They won't gain a special commercial advantage, 
because all of their competitors will be able to use FG in their 
products too.

If we do not do this, companies which might want to use (part of) FG in 
their products will instead write their own proprietary code, and almost 
certainly keep it proprietary.  Their potential input to the world of
computing will be sealed in a private box and never shared.

Curt, you have mentioned before that you work in a Human Factors 
Research Lab and use FG (or parts of it) for (ground-) vehicle display 
systems.  I assume you are thinking of enabling a commercial product to 
be made from this.  That's OK by me.

As a programmer I strongly support measures that avoid duplication of 
work.  I'm not sure whether GPL does this better by persuading users 
to share their own code so that they can use shared code, or the LGPL, 
by giving users more flexibility with what they can do.

If people are concerned about unfair use of LGPL'd libraries, then we 
should think about how to make such a library less susceptible, probably 
by making its interface tighter.

Disclaimer: these are just some current thoughts, and I reserve the 
right to change my mind.

- Julian


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RE: [Flightgear-devel] Licensing issues

2002-10-17 Thread Jon Berndt
 about putting as much as possible under LGPL.  At first I thought that
 sounded like betrayal, but now I'm thinking it sounds good.  It would
 allow companies who sell a product to include part or (essentially) all
 of Flight Gear in their product.  They would still have an obligation to

Yes. One point that has not been raised, yet, is that it also gives us a
chance to permeate (to whatever degree) more of the flight simulation
world and have a greater say in how things get done - perhaps even setting
a standard. The more people use our code, the more input we get, and with
that may come growth opportunities.

Jon

Jon S. Berndt
Coordinator,
JSBSim Project
http://jsbsim.sf.net



smime.p7s
Description: application/pkcs7-signature


Re: [Flightgear-devel] Licensing issues

2002-10-17 Thread Curtis L. Olson
Even back in the early days when FlightGear was just starting out, I
thought it would be pretty great if someday I could get paid to work
on FlightGear full time.  So far no one has stepped up to the plate
and offered to cover my salary simply for the pleasure of assisting an
open source project.  That would be great, but if someone actually
wanted to do this, realistically I'd probably encourage them to give
their money to a more deserving charity.

However, as time goes on, there are little seeds of opportunity that
come along once in a while.  As can be expected, anything that would
pay me or anyone else to work on FlightGear would most likely need
some sort of financial incentive.  FlightGear would have to satisfy
some need they are trying to fullfill.

There are some realities that we as a project are going to have to
face in the upcoming years, and personally, I'd prefer to control our
destiny, rather than have it control us.

One reality is that what we have going here is pretty darn cool and
impressive and it is getting to the point where FlightGear or portions
thereof could be highly attractive to various companies.  More than a
few people are impressed with FlightGear in it's current state when
they see it for the first time.  (that doesn't mean we still don't
have a lot of work to do ... )

I would prefer a culture where companies go through us and work with
us to achieve their objectives rather than go around us.  I'd prefer
that we were in control of the process, rather than having companies
simply do whatever they want.

Another reality is time (or the lack thereof.)  It seems that as life
goes on, I have less and less time to spend on any particular thing.
Life just get's busier and busier, and I get stretched thinner and
thinner.  I have less and less time for hobbies.  Finding ways to
generate income from my would would free me up to spend more time
developing code for our project and less time helping my boss get
rich.

Now as you point out, the benifits to the flightgear project is that
if someone is 100% focused on FlightGear, they can accomplish a lot in
a relatively short amount of time.  This can have huge benefits to our
project.  For example, I've been chipping away at runway lighting for
the last few weeks in my spare time.  If I was doing this full time,
I'd probably have it done a long time ago.  That would benefit
everyone involved.

There are trade offs to whatever course we take.  Personally I made a
conscious choice when I got involved in this open-source project.  I
knew we could never pull this off in a classic commercial sense and
there were other groups (fly, propilot, etc.) that actually tried
without any long term success.  The open source approach allowed us to
get to where we are today without needing to ship a product, pay
employees, etc.  And also I know that on my own, I could never have
come up with something even to close to the same calliber as
flightgear.

There is also a matter of trust.  If I go off and participate in some
commercial venture involving flightgear, am I selling out?  Am I
screwing everyone else?  I see it as getting paid to spend my time
working on FlightGear.  Most likely the bulk of that time would go
towards contributing to the open-source body of code.  Nothing is
taken away from the FlightGear project, but many things are certain to
be given to it.  I know I'm far from perfect and can say/do some
stupid things now and then, and people certainly should be cautious,
but hopefully I've earned your trust over the years.  If I was in this
to try to make a quick buck ... well ... after five years of not
having made a quick buck ... I'd either be a complete idiot, or more
likely I'm doing this because I love it.  That still doesn't mean I
wouldn't like to find a way to get paid for my efforts so I can spend
more time doing it, but lacking that, I'm still happy to continue
giving as much time as I can afford for the love of mixing computers
and aviation.

So in terms of licensing our code.  I think it is a good thing if we
can position the code so that we can take advantage of our own work or
at least make it possible to do so.  I'm proposing that we move very
slowly and very carefully.  I'm not proposing anything radical I don't
think.  What I would like to do at some point is start looking at key
sections of code, and with appropriate discussion, move them
individually to SimGear and convert the license to LGPL.  From other
feedback I've heard, people have generally been receptive to this
idea, and if we attack it one section at a time I think it is doable.
In many senses I'm talking about moving towards my original goal with
simgear to turn it into a simulator construction set, or simulation
kernel, depending on what you want to call it.

Having said all that, I have no immediate plans to quit my full time
job, however there are some little seeds of opportunity I'd like to be
able to water and see what grows.

Have I dug myself a deep enough 

Re: [Flightgear-devel] Licensing issues

2002-10-17 Thread Jim Wilson
Curtis L. Olson [EMAIL PROTECTED] said:

 come along once in a while.  As can be expected, anything that would
 pay me or anyone else to work on FlightGear would most likely need
 some sort of financial incentive.  FlightGear would have to satisfy
 some need they are trying to fullfill.

Like the basis for a sophisticated and low cost flight training appliance
(FS-Tivo)?

 I would prefer a culture where companies go through us and work with
 us to achieve their objectives rather than go around us.  I'd prefer
 that we were in control of the process, rather than having companies
 simply do whatever they want.

Hmmm...Covalent and Apache?
 
 Another reality is time (or the lack thereof.)  It seems that as life
 goes on, I have less and less time to spend on any particular thing.
 Life just get's busier and busier, and I get stretched thinner and
 thinner.  I have less and less time for hobbies.  Finding ways to
 generate income from my would would free me up to spend more time
 developing code for our project and less time helping my boss get
 rich.
 
Yep.  Me too :-)

 There are trade offs to whatever course we take.  Personally I made a
 conscious choice when I got involved in this open-source project.  I
 knew we could never pull this off in a classic commercial sense and
 there were other groups (fly, propilot, etc.) that actually tried
 without any long term success.  The open source approach allowed us to
 get to where we are today without needing to ship a product, pay
 employees, etc.  And also I know that on my own, I could never have
 come up with something even to close to the same calliber as
 flightgear.
 
 There is also a matter of trust.  If I go off and participate in some
 commercial venture involving flightgear, am I selling out?  Am I
 screwing everyone else?  I see it as getting paid to spend my time
 working on FlightGear.  Most likely the bulk of that time would go
 towards contributing to the open-source body of code.  Nothing is
 taken away from the FlightGear project, but many things are certain to
 be given to it.  I know I'm far from perfect and can say/do some
 stupid things now and then, and people certainly should be cautious,
 but hopefully I've earned your trust over the years.  If I was in this
 to try to make a quick buck ... well ... after five years of not
 having made a quick buck ... I'd either be a complete idiot, or more
 likely I'm doing this because I love it.  That still doesn't mean I
 wouldn't like to find a way to get paid for my efforts so I can spend
 more time doing it, but lacking that, I'm still happy to continue
 giving as much time as I can afford for the love of mixing computers
 and aviation.

I think you can have your cake and eat it...no problem. :-)

 So in terms of licensing our code.  I think it is a good thing if we
 can position the code so that we can take advantage of our own work or
 at least make it possible to do so.  I'm proposing that we move very
 slowly and very carefully.  I'm not proposing anything radical I don't
 think.  What I would like to do at some point is start looking at key
 sections of code, and with appropriate discussion, move them
 individually to SimGear and convert the license to LGPL.  From other
 feedback I've heard, people have generally been receptive to this
 idea, and if we attack it one section at a time I think it is doable.
 In many senses I'm talking about moving towards my original goal with
 simgear to turn it into a simulator construction set, or simulation
 kernel, depending on what you want to call it.

There's been discussion about moving stuff to SimGear anyway...sounds like a
good approach.

 Having said all that, I have no immediate plans to quit my full time
 job, 

Darn :-)
 
 Have I dug myself a deep enough hole yet? :-)

Hehe...getting there.

Best,

Jim

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Erik Hofman

Curtis L. Olson wrote:
 I know this is probably opening a can of worms, but I just thought I'd
 throw this out to the list now so people could start thinking about
 and/or discussing the issues.
 
 Currently SimGear is a set of libraries, each of which is licensed
 under the *L*GPL.
 
 FlightGear is also mostly a set of libraries (with some top level
 wrapper code) that is entirely GPL'd.

 What I would like to propose for people's consideration, is the idea
 of taking each of FlightGear's component libraries and converting them
 to the LGPL license.  The top level wrapper code (i.e. whatever is in
 src/Main) would remain GPL.

Well, to be honnest. I've been thinking of restricting some of my 
contributions even more (configuration files, textures, etc) so it can 
be used for non commercial purposes only. That said, I'm a big fan of 
the Free Software Foundation, but some contributions took so much time, 
that I don't wanted to see them end up in commercial software (e.g. the 
F-16 config file end up in FLy! ot MSFS ...)

For code, I think GPL is good enoug and when looking back at it, 
changing SimGear to LGPL was done without consulting anyone else also 
(If I had contributed code for Simgear at that time I probably would 
have complained).

For me it's all an issue of other people running away with (and making 
mony out of) my contributions to LightGear, while I am jobless for some 
time now. This doesn't sound appealing to me.

Erik



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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Erik Hofman

Curtis L. Olson wrote:
 James A. Treacy writes:
 
You should get as close to 100% of the contributors to agree as you
can get. Flightgear needs to be prepared to remove any code written by
someone who disagrees or who couldn't be contacted and appears later
on.

FWIW, wine did this earlier this year and they got all but a handful
of contributors to sign off on the change. The missing had made only
small contributions that they could easily recode if the need arose.
 
 
 Question: for a particular source file, if a person contributed a
 minor patch or tweak to compile on a new platform, does that person
 now have a full say in the future of that source, or are they giving
 their changes to the author of that file to be placed under the
 license terms chosen by the primary author.
 
 My sense is that if it is only minor changes that were contributed by
 others, the primary author should be able to maintain complete
 ownership over the copyright and license terms of that code.

Yep. That's my opinnion also.


 FWIW, this issue arrises when we consider moving code from FlightGear
 into SimGear.  SimGear code is LGPL'd and FlightGear code is GPL'd so
 a license change would be required.  Hoever, if we attacked this piece
 by piece, subsystem by subsytem, it would likely be doable.

What's your reason for wanting to change the license anyway?

Erik



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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread David Megginson

Alex Perry writes:

  See the article in Linux Journal recently.  You legally cannot place
  anything into the public domain, you merely get to assert that the
  licensing you are assigning to your copyrighted work behaves as though
  it is in the public domain.  There is a subtle distinction, which
  essentially means that, since you do still have the copyright,
  people who retrieve the code also have the right to sue you.
  After all, the public domain license does not limit warranties etc.

They have the right to sue anyway, no matter how many disclaimers you
put in the license.


All the best,


David

-- 
David Megginson, [EMAIL PROTECTED], http://www.megginson.com/

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Erik Hofman

David Megginson wrote:
 Erik Hofman writes:
 
   Well, to be honnest. I've been thinking of restricting some of my 
   contributions even more (configuration files, textures, etc) so it can 
   be used for non commercial purposes only.
 
 Unfortunately, that would force their removal from FlightGear, which
 (given the high quality of your textures) would be a shame.

I haven't, I still supose the base package falls under the GPL.
But I like to keep it GPL and nothing less restrictive.

Also not that none of my code contributions have an explicit copyright 
in the header, which means they fall under the same license terms of 
FlightGear (GPL now, and maybe LGPL later).

Erik




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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Alex Perry

I should point out that my earlier message in this thread was to 
recommend that Curt not pursue the relicensing because the benefits
are probably too small to outweigh both the non-trivial effort for
the developers and the fairly large risk of causing FGFS to fork.
However, that is independent of how I license my contributions.

Erik said:
 Also not that none of my code contributions have an explicit copyright 

I think I've said this before.  If I submit a patch against someone
else's file, the patch is intended to inherit the copyright and any
current or future licensing of the containing file or code fragment.
When I create a file, or submit a large patch to a file without an
identified copyright owner, the intent is to retain the copyright
in my name and apply _only_ the then-current GPL license version.

To save confusion, don't bother asking me to me-copyrighted files
under the GPL with any version and automatic upgrade to future versions.
There are no restrictions on how the FSF organisation can rewrite
the intent and content of future versions of the GPL.  Those future
versions could, for example, grant a $0.01/sourceline royalty to RMS
for any commercial use of GPL'ed software.

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Christian Mayer

James A. Treacy wrote:
 
 On Tue, Oct 15, 2002 at 11:15:08PM -0500, Curtis L. Olson wrote:
  Question: for a particular source file, if a person contributed a
  minor patch or tweak to compile on a new platform, does that person
  now have a full say in the future of that source, or are they giving
  their changes to the author of that file to be placed under the
  license terms chosen by the primary author.
 
 Exactly the way I want to think of it. The law, though, seems to have
 its own bizarre sense of logic. I belive that contributions are seen
 as being individual items(*), like pieces of lego. You only have the
 copyright on your 'pieces of lego'. Thus, if the primary author of
 some code wants to release future versions under a different license
 and a contributor disagrees, then the primary author would need to
 back out the contributed code.
 
 Obviously, as code evolves it becomes less clear who contributed what.

That's also my point of view.

If you want to change the licence you must ask every contributor. If one
doesn't answer or one rejects the change (you'll have to assume the
worst) you must roll these commits back before you change the license.
There's no other way to do it.

Code that has grown over the time is thus quite impossible to convert to
a new license with out implementing it in a clean room.

As this sounds like *very* much work to me and all of us have no spare
time (if they'd had they'd be improoving FGFS...) I can't see the FGFS
changing the license in the near future. 
If a company needs a differnt licence they could do it if they have the
resources... (have a look at the Wine project as a reference)


To make this kind of stuff easier in the future we could try to ask
every contributor to give the copyright to someone. E.g. to Curt or The
FlightGear project (whatever that means - probably only legal if
there's an official organisation like the KDE league; Mantis does that)


Appart from this legal stuff I really dislike 2 different licenses in
the FGFS pakage (or SimGear, or ...). All the files should have the same
license. That was IIRC one the reasons for seperating SimGear.
I also can's see any benefit for changing FGFS itself to LGPL.

So I grant permission to move any code that I produced (mostly, but not
only, patches and bug fixes) to SimGear and change the License for that
purpose only to the LGPL. Code that remains in FGFS itself has to stay
under GPL.

CU,
Christian

--
The idea is to die young as late as possible.-- Ashley Montague

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Christian Mayer

David Megginson wrote:
 
   My understanding of the *gpl is keep the copyright as a legal
   instrument to enforce the donation in court against those who
   try to deny the public its donated good, which _makes_ it
   legally enforceable.  I don't see pd as being enforceable.
 
 Not quite -- the GPL is designed to force people to make their
 modifications or improvements publicly available, something that does
 not concern me so much. 

The GPL doesn't force the modifications to be given back to the
community. It only forces that the source code for the distribution of
the software (modified or unmodified doesn't matter) must be aviable for
reasonalbe costs.

So if my company gets an GPLed software and modifies it and uses it only
internally no code has to come back to the community (although it'd be
playing nice). If the company sells (or gives it away for free) this
modified software it doesn't need to give the modified source code away
with it.
BUT: The customer can copy this software for free and give it to
everybody else for free (as long as it states that this software is
still GPLed). And the customer can ask the company for the source code.
The company has to give the source to the customer then...

 Something that is in the Public Domain
 remains in the Public Domain; otherwise, publishers would be able to
 restrict Jane Austen's novels or Shakespeare's plays (rather than just
 the publisher's editorial contributions).

They can - sort of. The layout etc. in their books is copyrighted work.
But you are free to type it from the books and give it away for free -
as long as you aren't also typing additional stuff like translations
from the old english to the new english words.

CU,
Christian

--
The idea is to die young as late as possible.-- Ashley Montague

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Christian Mayer

Alex Perry wrote:

 I should point out that my earlier message in this thread was to
 recommend that Curt not pursue the relicensing because the benefits
 are probably too small to outweigh both the non-trivial effort for
 the developers and the fairly large risk of causing FGFS to fork.

exactly

 I think I've said this before.  If I submit a patch against someone
 else's file, the patch is intended to inherit the copyright and any
 current or future licensing of the containing file or code fragment.

I disagree partly.

If I submit a patch it'll be under the same licence of the file that it
had at the creation of the patch (unless otherwise stated).
If anyone (including the author who has written everthing exept a few
minor patches) wants to change the licence every author of that file
(i.e. the original author and any additonal authors, also those that
only fixed a speeling mistake in a sting that never gets printed) must
agree - or their work has to be redone in a clean room environment.

 When I create a file, or submit a large patch to a file without an
 identified copyright owner, the intent is to retain the copyright
 in my name and apply _only_ the then-current GPL license version.

Who decides if my patch is minor or a large rewrite?

Also I haven't heard the phrase except minor modifications in the
Copyright law...

So it's a everybody agrees or no action can be done.


CU,
Christian

--
The idea is to die young as late as possible.-- Ashley Montague

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread James A. Treacy

On Wed, Oct 16, 2002 at 03:51:17PM +0200, Christian Mayer wrote:
 
 If you want to change the licence you must ask every contributor. If one
 doesn't answer or one rejects the change (you'll have to assume the
 worst) you must roll these commits back before you change the license.
 There's no other way to do it.
 
 Code that has grown over the time is thus quite impossible to convert to
 a new license with out implementing it in a clean room.
 
 As this sounds like *very* much work to me and all of us have no spare
 time (if they'd had they'd be improoving FGFS...) I can't see the FGFS
 changing the license in the near future. 
 If a company needs a differnt licence they could do it if they have the
 resources... (have a look at the Wine project as a reference)

IMO, changing licenses is one of those areas which end up being easier
in practice than expected - if people see a good reason to change the
license. If the reasons to change the license aren't strong enough you
are much more likely to encounter resistance (and as has been discussed
resistance would make changing the license very difficult).

To date, I don't believe the reasons to change the license are strong
enough to overcome any resistance.

-- 
James (Jay) Treacy
[EMAIL PROTECTED]

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Andy Ross

Curtis L. Olson wrote:
 Question: for a particular source file, if a person contributed a
 minor patch or tweak to compile on a new platform, does that person
 now have a full say in the future of that source, or are they giving
 their changes to the author of that file to be placed under the
 license terms chosen by the primary author.

It goes by change, not by file.  They contributed a patch under an
existing license, not a new one.  So you can't legally change their
license without removing the patch; nothing gives you the right to
their work.

In practice, what this means is that you need to get most of the
developers on board.  If someone doesn't agree, you need to be
prepared to remove their code and reimplement it.  You don't
necessarily need to remove every 2-line patch submitted on the
assumption that the author doesn't agree.  It's enough to announce the
license change in the appropriate forum for FlightGear development
(here, of course) and expect that people interested will notice and
tell you about problems.

IANAL, of course.  But this is the way it's worked in other projects
(Wine, especially) that have gone through license changes.

But under no circumstances can you relicense someone else's code over
their objections.  If someone makes a stink, you have to snip it out.

Andy

-- 
Andrew J. RossNextBus Information Systems
Senior Software Engineer  Emeryville, CA
[EMAIL PROTECTED]  http://www.nextbus.com
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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Andy Ross

Alex Perry wrote:
 There is a subtle distinction, which essentially means that, since
 you do still have the copyright, people who retrieve the code also
 have the right to sue you.

It's even more subtle: the right to sue you doesn't go with the
copyright.  The copyright is a right that *you* have to restrict
distribution.  The right to sue for damages is someone else's, and is
inherent (with lots of legislative exceptions).

Basically, regardless of what you do with your copyright: if you wrote
the code, it's your fault.  This is why the GPL has its warranty
clause, and why commercial licenses always have the limitation of
liability clause.

Andy

-- 
Andrew J. RossNextBus Information Systems
Senior Software Engineer  Emeryville, CA
[EMAIL PROTECTED]  http://www.nextbus.com
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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread David Megginson

Erik Hofman writes:

  I haven't, I still supose the base package falls under the GPL.
  But I like to keep it GPL and nothing less restrictive.
  
  Also not that none of my code contributions have an explicit copyright 
  in the header, which means they fall under the same license terms of 
  FlightGear (GPL now, and maybe LGPL later).

Perhaps the licensing status of the base package should be our first
concern.


All the best,


David

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Re: [Flightgear-devel] Licensing issues

2002-10-16 Thread Jim Wilson

Curtis L. Olson [EMAIL PROTECTED] said:

 James A. Treacy writes:
  You should get as close to 100% of the contributors to agree as you
  can get. Flightgear needs to be prepared to remove any code written by
  someone who disagrees or who couldn't be contacted and appears later
  on.
  
  FWIW, wine did this earlier this year and they got all but a handful
  of contributors to sign off on the change. The missing had made only
  small contributions that they could easily recode if the need arose.
 
 Question: for a particular source file, if a person contributed a
 minor patch or tweak to compile on a new platform, does that person
 now have a full say in the future of that source, or are they giving
 their changes to the author of that file to be placed under the
 license terms chosen by the primary author.

 My sense is that if it is only minor changes that were contributed by
 others, the primary author should be able to maintain complete
 ownership over the copyright and license terms of that code.
 
 If someone else (in addition to the main author of a particular chunk
 of code) contributed new code, or a major rewrite, or something else
 significant, then we start getting into gray areas.  It seems like the
 primary author of that code probably still could have final say, but
 basic courtesy might dictate that the major contributors at least be
 consulted ... (?)
 

This could be a concern for a legal department in a company considering 
using code down the road.  It seems unlikely that anyone with a trivial
contribution would sue the project if they were not given full say. 
Ethically I would say yes, since the conditions under which the contribution
took place were clearly stated by GPL.  Ethics are extremely important in 
the open source community, and should I think be considered before legal
liability.  Whether or not someone could or would take legal action or 
would spend the money to defend against legal action should not be the primary
concern.
 
 If that all was the case, then it still might be nearly impossible to
 relicense the entire project given the total number of contributors,
 but it might be possible to relicense a smaller sub-section of the
 code where the number of identifiable contributors is smaller and
 within reason (as long as the resulting license remained compatible
 with the rest of the code of course.)
 

At least two or three of the authors of the 3D models that I solicited for the
project would not want their work released under LGPL (I understand this isn't
necessarily what you had in mind).

 FWIW, this issue arrises when we consider moving code from FlightGear
 into SimGear.  SimGear code is LGPL'd and FlightGear code is GPL'd so
 a license change would be required.  Hoever, if we attacked this piece
 by piece, subsystem by subsytem, it would likely be doable.
 
 And of course, the FlightSim specific stuff would make the most sense
 to leave inside FlightGear, but other things like the scenery
 subsystem, FDM interface (?), sound manager, time tracking, model
 animation, properties, joystick support, etc. might make sense to
 migrate over to SimGear as time goes by ...
 

This would be the best approach I think, so long as authors are consulted.

Generally I feel the same as David about the code I've created.  But,
fundamentally I think that David's concern about the pretentiousness in the
GPL or LGPL is unwarranted.  It isn't about whether or not someone would
actually afford to defend their rights faced with abuses by a large company. 
GPL and LGPL are as much social contracts as they are legal contracts.  They
have recognizable meaning that could be disrupted, if too many projects sought
less restrictive licensing without good reason.

That said, the age of this project and the large number of contributors makes
it difficult to do this conversion right, except by carefully moving work over
to SimGear as Curt suggests, consulting authors along the way.

My apologies if this response is out of sync,  but i'm only about half way
through the thread and need to get back to work work.

Best,

Jim

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[Flightgear-devel] Licensing issues

2002-10-15 Thread Curtis L. Olson

I know this is probably opening a can of worms, but I just thought I'd
throw this out to the list now so people could start thinking about
and/or discussing the issues.

Currently SimGear is a set of libraries, each of which is licensed
under the *L*GPL.

FlightGear is also mostly a set of libraries (with some top level
wrapper code) that is entirely GPL'd.

For those that aren't as familiar with the differences between GPL and
LGPL, I will summarize based on my understanding:

- They are essentially the same except that the GPL applies to an
  entire application, where as the LGPL applies only to a specific
  library.  I.e. in a GPL'd application, the entire source code that
  forms that application must also be GPL'd (or at least have a
  compatible license.)  If someone makes a source code change
  (i.e. adds value) and distributes that change, they must distribute
  the new/different source code so everyone else can also benefit.
  All the rights and benifits which you received, you need to afford
  them to everyone else.

- The LGPL is very similar except it works on the granularity of a
  library.  If I add code or make a change to the a particular LGPL'd
  library and distribute it, I need to make the source for those
  changes available.  However, unlike the GPL, an LGPL'd library can
  be linked into a commercial application.  The host application can
  remain commercial.

Plib (which flightgear makes heavy use of is LGPL'd.)  This means we
(an open source project) can use it, and also a commercial application
can use it.  For plib, this is a big benefit because it means more
people can use their code, more people contribute to the code,
etc. etc.  In the long term the code is probably better than it would
have otherwise been.  It might be true that some company is able to
sell a better product because of the efforts of the plib team, but the
hope is that the commercial company will be able to contribute back to
plib, just like any other contributor, and in fact the company would
have paid developers that may be able to contribute larger chunks of
time to plib than a home hobbyist could.

SimGear is also completely LGPL'd.  I'm not aware of any commercial
applications that are currently using it, however at the moment it's
pretty specific to the needs of FlightGear/TerraGear.

What I would like to propose for people's consideration, is the idea
of taking each of FlightGear's component libraries and converting them
to the LGPL license.  The top level wrapper code (i.e. whatever is in
src/Main) would remain GPL.

I'm sure there are some people out there that aren't thrilled with the
GPL and would be happy to see the licensing relaxed a bit more (and
might feel that this is not going far enough.)  There may be other's
who think the GPL is just fine and would rather not make the licensing
more flexible.

- I'd be interested in perspectives and discussion, although I highly
  doubt this would lead to any sort of consensus. :-)

- If we wanted to tweak the licensing terms for the FlightGear
  project, could we?  Who has authority to do this.  If we can get
  most authors/contributors to agree, is that good enough?  Do we need
  approval from 100% of the authors/contributors?  What if someone
  doesn't respond negatively now (i.e. they are on vacation, or just
  don't have time to think about it) and we change the licensing
  terms, but then they come back in a year and make a big issue of it?
  What do we do then?  Would that be a potential problem?

- Personally I'm inclined towards LGPL'ing the FlightGear components
  at some point in the nearer future.  Is there any major opposition
  to doing this?

- The LGPL license means that the code could show up as part of a
  commercial application and benefit them.  However, if they need to
  make any changes or improvements to the library to meet their needs,
  those changes would propogate back into our LGPL code.  It's
  conceivable/likely that if a commercial entity used portions of
  FlightGear's LGPL code, they would be able to contribute back to our
  project.

- Worst case scenario ... someone out there is a jerk and tries to
  take advantage of us and our efforts.  My view is that we out
  compete them.  We continue to develop our open-source version so it
  kicks their sorry butts.  If they have customers that are stupid
  enough to buy their old, outdated crap, then what are you going to
  do?  A couple rounds of thorough butt kicking and most people will
  get the idea.  It's not unlike commercial competition where a
  company see's another company's features and hires someone to
  replicate them.  The first company just impliments new and better
  features.  We are open-source so we are all volunteers, but just
  like the commercial world, we still win by being better.

We don't need to make a decision right now, but it would be
interesting to hear people's perspective on whether or not this
LGPL'ing the library portions of FlightGear would be 

Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread Alex Perry

I don't see a real benefit of changing FGFS from GPL to LGPL ...
* The people who don't like GPL probably aren't much happier about LGPL
* They (or we) can add a shared-memory tunnel in SimGear for properties
* Most proprietary extensions can simply coexist as separate programs

Anything that makes sufficiently fundamental changes to FGFS that the
property tree isn't enough, while also staying proprietary, is probably
going to be a strong source of project forking and should be discouraged.

My $0.02


 I know this is probably opening a can of worms, but I just thought I'd
 throw this out to the list now so people could start thinking about
 and/or discussing the issues.
 
 Currently SimGear is a set of libraries, each of which is licensed
 under the *L*GPL.
 
 FlightGear is also mostly a set of libraries (with some top level
 wrapper code) that is entirely GPL'd.
 
 For those that aren't as familiar with the differences between GPL and
 LGPL, I will summarize based on my understanding:
 
 - They are essentially the same except that the GPL applies to an
   entire application, where as the LGPL applies only to a specific
   library.  I.e. in a GPL'd application, the entire source code that
   forms that application must also be GPL'd (or at least have a
   compatible license.)  If someone makes a source code change
   (i.e. adds value) and distributes that change, they must distribute
   the new/different source code so everyone else can also benefit.
   All the rights and benifits which you received, you need to afford
   them to everyone else.
 
 - The LGPL is very similar except it works on the granularity of a
   library.  If I add code or make a change to the a particular LGPL'd
   library and distribute it, I need to make the source for those
   changes available.  However, unlike the GPL, an LGPL'd library can
   be linked into a commercial application.  The host application can
   remain commercial.
 
 Plib (which flightgear makes heavy use of is LGPL'd.)  This means we
 (an open source project) can use it, and also a commercial application
 can use it.  For plib, this is a big benefit because it means more
 people can use their code, more people contribute to the code,
 etc. etc.  In the long term the code is probably better than it would
 have otherwise been.  It might be true that some company is able to
 sell a better product because of the efforts of the plib team, but the
 hope is that the commercial company will be able to contribute back to
 plib, just like any other contributor, and in fact the company would
 have paid developers that may be able to contribute larger chunks of
 time to plib than a home hobbyist could.
 
 SimGear is also completely LGPL'd.  I'm not aware of any commercial
 applications that are currently using it, however at the moment it's
 pretty specific to the needs of FlightGear/TerraGear.
 
 What I would like to propose for people's consideration, is the idea
 of taking each of FlightGear's component libraries and converting them
 to the LGPL license.  The top level wrapper code (i.e. whatever is in
 src/Main) would remain GPL.
 
 I'm sure there are some people out there that aren't thrilled with the
 GPL and would be happy to see the licensing relaxed a bit more (and
 might feel that this is not going far enough.)  There may be other's
 who think the GPL is just fine and would rather not make the licensing
 more flexible.
 
 - I'd be interested in perspectives and discussion, although I highly
   doubt this would lead to any sort of consensus. :-)
 
 - If we wanted to tweak the licensing terms for the FlightGear
   project, could we?  Who has authority to do this.  If we can get
   most authors/contributors to agree, is that good enough?  Do we need
   approval from 100% of the authors/contributors?  What if someone
   doesn't respond negatively now (i.e. they are on vacation, or just
   don't have time to think about it) and we change the licensing
   terms, but then they come back in a year and make a big issue of it?
   What do we do then?  Would that be a potential problem?
 
 - Personally I'm inclined towards LGPL'ing the FlightGear components
   at some point in the nearer future.  Is there any major opposition
   to doing this?
 
 - The LGPL license means that the code could show up as part of a
   commercial application and benefit them.  However, if they need to
   make any changes or improvements to the library to meet their needs,
   those changes would propogate back into our LGPL code.  It's
   conceivable/likely that if a commercial entity used portions of
   FlightGear's LGPL code, they would be able to contribute back to our
   project.
 
 - Worst case scenario ... someone out there is a jerk and tries to
   take advantage of us and our efforts.  My view is that we out
   compete them.  We continue to develop our open-source version so it
   kicks their sorry butts.  If they have customers that are stupid
   enough to buy their old, outdated crap, 

Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread Andy Ross

Alex Perry wrote:
 I don't see a real benefit of changing FGFS from GPL to LGPL ...
 * The people who don't like GPL probably aren't much happier about LGPL
 * They (or we) can add a shared-memory tunnel in SimGear for properties
 * Most proprietary extensions can simply coexist as separate programs

I'm inclined to agree.  The only real purpose behind the LGPL is to
special case the situation of GNU versions of system libraries.
Applying the GPL strictly to libraries like libc or libstdc++ means
that proprietary software can't be run on free operating systems,
since the act of linkage makes them a derived work according to the
license.  That's silly, so there's a special-purpose variant of the
license that allows linkage (but *only* linkage) of proprietary code.

The LGPL has since become popular for library projects that are
designed to become standards, or at least widely shared.  Projects
like plib and SDL use it for that reason -- to keep development open
while encouraging use of the library by anyone.

FlightGear doesn't really fall into either category, since it's a
one-of-a-kind codebase that is used only by other GPLed software.  It
strikes me that putting, say, the scenery engine under the LGPL isn't
likely to encourage anyone to use it as the standard scenery engine
for anything.  Users who want the code are likely going to want to
hack at it for their own purposes, which the LGPL forbids.

Is there a use case here, or a particular proprietary application you
have in mind?  It might be simpler to do a custom release to that
vendor under a separate license, rather than play with the license for
the whole project.  The LGPL is a little problematic for most
proprietary users.  They aren't, contrary to common belief, allowed to
use the library any way they want.  They have to link expressly
against the library as shipped (no cutting and pasting of code), and
have to ensure that future users can relink against newer versions of
the library if they want (no static linkage, essentially).

Andy

-- 
Andrew J. RossNextBus Information Systems
Senior Software Engineer  Emeryville, CA
[EMAIL PROTECTED]  http://www.nextbus.com
Men go crazy in conflagrations.  They only get better one by one.
 - Sting (misquoted)


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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread James A. Treacy

On Tue, Oct 15, 2002 at 03:22:02PM -0500, Curtis L. Olson wrote:
 
 - If we wanted to tweak the licensing terms for the FlightGear
   project, could we?  Who has authority to do this.  If we can get
   most authors/contributors to agree, is that good enough?  Do we need
   approval from 100% of the authors/contributors?  What if someone
   doesn't respond negatively now (i.e. they are on vacation, or just
   don't have time to think about it) and we change the licensing
   terms, but then they come back in a year and make a big issue of it?
   What do we do then?  Would that be a potential problem?

You should get as close to 100% of the contributors to agree as you
can get. Flightgear needs to be prepared to remove any code written by
someone who disagrees or who couldn't be contacted and appears later
on.

FWIW, wine did this earlier this year and they got all but a handful
of contributors to sign off on the change. The missing had made only
small contributions that they could easily recode if the need arose.

-- 
James (Jay) Treacy
[EMAIL PROTECTED]

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re: [Flightgear-devel] Licensing issues

2002-10-15 Thread David Megginson

Curtis L. Olson writes:

  I know this is probably opening a can of worms, but I just thought I'd
  throw this out to the list now so people could start thinking about
  and/or discussing the issues.
  
  Currently SimGear is a set of libraries, each of which is licensed
  under the *L*GPL.
  
  FlightGear is also mostly a set of libraries (with some top level
  wrapper code) that is entirely GPL'd.

Well, GPL or freer.  Some of the code that I've written that doesn't
incorporate anyone else's is explicitly PD, though that leaves you
free to make it GPL if you want.

My opinion is already on the record, so I'll just restate it quickly:
I prefer Public Domain to LGPL (and LGPL to GPL), both because it
makes it easier for companies to use the code without waiting for
approval from the legal department, and because I don't believe in
making threats I'm not willing to keep (I'm not going to bankrupt
myself suing Microsoft if they steal my code, so why pretend that I
would)?

If people cannot stomach Public Domain, then something freer than
LGPL, such as BSD or Perl artistic, would be preferable.  The issue in
any case is getting permission from original authors who contributed
under the GPL; here's a start:

  I hereby grant permission for any code or other digital objects I've
  contributed to FlightGear, SimGear, TerraGear, or the FlightGear base
  package to be relicensed under the LGPL or a less restrictive license,
  up to and including Public Domain.


All the best,


David

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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread Arnt Karlsen

On Tue, 15 Oct 2002 17:37:32 -0400, 
David Megginson [EMAIL PROTECTED] wrote in message 
[EMAIL PROTECTED]:

 My opinion is already on the record, so I'll just restate it quickly:
 I prefer Public Domain to LGPL (and LGPL to GPL), both because it
 makes it easier for companies to use the code without waiting for
 approval from the legal department, and because I don't believe in
 making threats I'm not willing to keep (I'm not going to bankrupt
 myself suing Microsoft if they steal my code, so why pretend that I
 would)?

..pretending, you allow, say, the FSF, to act on our behalf, or 
to fund that furball.  With PD, AFAIK, you have given up all rights,
and your (or the public domains) case never makes it into the court.

..there _are_ many good reasons not to give up copyright for free 
stuff too, the best ones is to protect that very freedom and price.

 If people cannot stomach Public Domain, then something freer than

..public domain equals the author drops or donates his copyright 
to the public domain?   
My understanding of the *gpl is keep the copyright as a legal 
instrument to enforce the donation in court against those who 
try to deny the public its donated good, which _makes_ it
legally enforceable.  I don't see pd as being enforceable.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;-)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.



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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread David Megginson

Arnt Karlsen writes:

  ..public domain equals the author drops or donates his copyright 
  to the public domain?   

It means that the work is released into the public domain.  There is
no donation, because no one owns (or can own) copyright on their
original work, though people can copyright derivatives.

  My understanding of the *gpl is keep the copyright as a legal 
  instrument to enforce the donation in court against those who 
  try to deny the public its donated good, which _makes_ it
  legally enforceable.  I don't see pd as being enforceable.

Not quite -- the GPL is designed to force people to make their
modifications or improvements publicly available, something that does
not concern me so much.  Something that is in the Public Domain
remains in the Public Domain; otherwise, publishers would be able to
restrict Jane Austen's novels or Shakespeare's plays (rather than just
the publisher's editorial contributions).


All the best,


David

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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread Curtis L. Olson

James A. Treacy writes:
 You should get as close to 100% of the contributors to agree as you
 can get. Flightgear needs to be prepared to remove any code written by
 someone who disagrees or who couldn't be contacted and appears later
 on.
 
 FWIW, wine did this earlier this year and they got all but a handful
 of contributors to sign off on the change. The missing had made only
 small contributions that they could easily recode if the need arose.

Question: for a particular source file, if a person contributed a
minor patch or tweak to compile on a new platform, does that person
now have a full say in the future of that source, or are they giving
their changes to the author of that file to be placed under the
license terms chosen by the primary author.

My sense is that if it is only minor changes that were contributed by
others, the primary author should be able to maintain complete
ownership over the copyright and license terms of that code.

If someone else (in addition to the main author of a particular chunk
of code) contributed new code, or a major rewrite, or something else
significant, then we start getting into gray areas.  It seems like the
primary author of that code probably still could have final say, but
basic courtesy might dictate that the major contributors at least be
consulted ... (?)

If that all was the case, then it still might be nearly impossible to
relicense the entire project given the total number of contributors,
but it might be possible to relicense a smaller sub-section of the
code where the number of identifiable contributors is smaller and
within reason (as long as the resulting license remained compatible
with the rest of the code of course.)

FWIW, this issue arrises when we consider moving code from FlightGear
into SimGear.  SimGear code is LGPL'd and FlightGear code is GPL'd so
a license change would be required.  Hoever, if we attacked this piece
by piece, subsystem by subsytem, it would likely be doable.

And of course, the FlightSim specific stuff would make the most sense
to leave inside FlightGear, but other things like the scenery
subsystem, FDM interface (?), sound manager, time tracking, model
animation, properties, joystick support, etc. might make sense to
migrate over to SimGear as time goes by ...

Regards,

Curt.
-- 
Curtis Olson   IVLab / HumanFIRST Program   FlightGear Project
Twin Cities[EMAIL PROTECTED]  [EMAIL PROTECTED]
Minnesota  http://www.menet.umn.edu/~curt   http://www.flightgear.org

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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread Alex Perry

 Arnt Karlsen writes:
   ..public domain equals the author drops or donates his copyright 
   to the public domain?   

See the article in Linux Journal recently.  You legally cannot place
anything into the public domain, you merely get to assert that the
licensing you are assigning to your copyrighted work behaves as though
it is in the public domain.  There is a subtle distinction, which
essentially means that, since you do still have the copyright,
people who retrieve the code also have the right to sue you.
After all, the public domain license does not limit warranties etc.

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Re: [Flightgear-devel] Licensing issues

2002-10-15 Thread James A. Treacy

On Tue, Oct 15, 2002 at 11:15:08PM -0500, Curtis L. Olson wrote:
 Question: for a particular source file, if a person contributed a
 minor patch or tweak to compile on a new platform, does that person
 now have a full say in the future of that source, or are they giving
 their changes to the author of that file to be placed under the
 license terms chosen by the primary author.

Exactly the way I want to think of it. The law, though, seems to have
its own bizarre sense of logic. I belive that contributions are seen
as being individual items(*), like pieces of lego. You only have the
copyright on your 'pieces of lego'. Thus, if the primary author of
some code wants to release future versions under a different license
and a contributor disagrees, then the primary author would need to
back out the contributed code.

Obviously, as code evolves it becomes less clear who contributed what.

(*)This is what I have surmised from previous discussions on
copyright. I have never seen this explicitly stated. I don't like this
way of looking at things but we have to deal with the legal system we
have been given.

 My sense is that if it is only minor changes that were contributed by
 others, the primary author should be able to maintain complete
 ownership over the copyright and license terms of that code.

It is precisely because this is false that the FSF will not accept
code for software they own the copyright unless you sign a
document stating you own the copyright on code that you submit and
assign the copyright to the FSF.

 If someone else (in addition to the main author of a particular chunk
 of code) contributed new code, or a major rewrite, or something else
 significant, then we start getting into gray areas.  It seems like the
 primary author of that code probably still could have final say, but
 basic courtesy might dictate that the major contributors at least be
 consulted ... (?)

I wish common courtesy played a part in such matters. When it comes to
the law you can't trust people to be polite. Unfortunately, the legal
system is inherently combatative(**).

SUMMARY
If the developers decide to change the license it should be doable.
Some person or group will need to track down as many contributors as
possible and try to get them to agree to the switch. That is where the
real work is. My opinion is that the change won't bring enough benefits
to warrant the expenditure of energy.

(**) Off topic: the family of a co-worker of my wife completely
devastated a few million dollar estate (on lawyers) because one
group didn't agree with the terms of the will and contested it.
This is not a rare occurence.

-- 
James (Jay) Treacy
[EMAIL PROTECTED]

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