Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread Melchior FRANZ
* Erik Hofman -- Wednesday 21 January 2009:
[...]
 Modified Files:
   Boeing314A.xml 
 Log Message:
 Add the license statement

 + license
 +   licenseNameGPL (General Public License)/licenseName
 +   licenseURLhttp://www.gnu.org/licenses/gpl.html/licenseURL
 + /license
 + note
 + [...]This model
 + is not to be sold.
 + /note

That's impossible! The GPL explicitly allows selling software,
and it does *not* allow to add restrictions!

So, either the is not to be sold has to be removed, or the
aircraft shall be removed from CVS.

m.

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread gerard robin
On mercredi 21 janvier 2009, Melchior FRANZ wrote:
 * Erik Hofman -- Wednesday 21 January 2009:
 [...]

  Modified Files:
  Boeing314A.xml
  Log Message:
  Add the license statement
 
  + license
  +   licenseNameGPL (General Public License)/licenseName
  +   licenseURLhttp://www.gnu.org/licenses/gpl.html/licenseURL
  + /license
  + note
  + [...]This model
  + is not to be sold.
  + /note

 That's impossible! The GPL explicitly allows selling software,
 and it does *not* allow to add restrictions!

 So, either the is not to be sold has to be removed, or the
 aircraft shall be removed from CVS.

 m.

I was told by a layer,  since we are writing that the model is copyrighted 
protected under Licence GPLV2 , we may write anything we want as addons 
regarding the protection,  these addons won't be taken in account , and one 
may ignore it.

Are we wrong ?

Cheers
  



-- 
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http://pagesperso-orange.fr/GRTux/

J'ai décidé d'être heureux parce que c'est bon pour la santé. 
Voltaire


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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread Erik Hofman


Melchior FRANZ wrote:
 * Erik Hofman -- Wednesday 21 January 2009:
 [...]
 Modified Files:
  Boeing314A.xml 
 Log Message:
 Add the license statement
 
 + license
 +   licenseNameGPL (General Public License)/licenseName
 +   licenseURLhttp://www.gnu.org/licenses/gpl.html/licenseURL
 + /license
 + note
 + [...]This model
 + is not to be sold.
 + /note
 
 That's impossible! The GPL explicitly allows selling software,
 and it does *not* allow to add restrictions!
 
 So, either the is not to be sold has to be removed, or the
 aircraft shall be removed from CVS.

Ah sorry, that slipped my attention, you are right.
I'll ask Jon about it.

Erik

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Martin Spott
Melchior FRANZ wrote:
 * Erik Hofman -- Wednesday 21 January 2009:

  + license
  +   licenseNameGPL (General Public License)/licenseName
  +   licenseURLhttp://www.gnu.org/licenses/gpl.html/licenseURL
  + /license
  + note
  + [...]This model
  + is not to be sold.
  + /note
 
 That's impossible! The GPL explicitly allows selling software,
 and it does *not* allow to add restrictions!

a) The phrase in question is added as a note, it's not part of the
license statement.

b) The GPL states that You may charge a fee for the physical act of
transferring a copy, [...], but You may not copy, modify, sublicense,
or distribute the Program except as expressly provided under this
License.

Now, how would you interpret the vague term of selling a software ?
The word selling is probably a bit unfortunately choosen here, but
depending on one's interpretation, the note might conform pretty well
with the ideals of the GPL,

Martin.
-- 
 Unix _IS_ user friendly - it's just selective about who its friends are !
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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread Melchior FRANZ
* gerard robin -- Wednesday 21 January 2009:
 I was told by a layer,  since we are writing that the model is copyrighted 
 protected under Licence GPLV2 , we may write anything we want as addons 
 regarding the protection,  these addons won't be taken in account , and one 
 may ignore it.

That probably depends on the jurisdiction of the respective country.
The added is not to be sold does (or pretends to) explicitly
express the will of the rights owner. That it isn't in the linked
GPL document has no meaning. That it's not within the license
tags, may be a different issue, but one has at least to assume
that it's meant as a license restriction.

And even if it's guaranteed that the addition isn't legally
binding, it's then still misleading and against the spirit
of the GPL and Free software. As such it has no place in our
repository, no matter what. And if it's invalid, then why add
it in the first place?!

Finally, whoever added (not committed) the restriction should be
aware that *if* s/he infringes on the GPL, s/he loses the right to
use *any* GPL'ed software.

m.

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Stefan Seifert
On Wednesday, 21. January 2009, Martin Spott wrote:

 b) The GPL states that You may charge a fee for the physical act of
 transferring a copy, [...], but You may not copy, modify, sublicense,
 or distribute the Program except as expressly provided under this
 License.

 Now, how would you interpret the vague term of selling a software ?
 The word selling is probably a bit unfortunately choosen here, but
 depending on one's interpretation, the note might conform pretty well
 with the ideals of the GPL,

Please, as we are no lawers ourselfs, and as the statement in the GPL may be 
easily misunderstood, accept the Free Software Foundation's answer to this 
question:

Does the GPL allow me to sell copies of the program for money?

Yes, the GPL allows everyone to do this. The right to sell copies is part of 
the definition of free software. Except in one special situation, there is no 
limit on what price you can charge. (The one exception is the required 
written offer to provide source code that must accompany binary-only 
release.)

http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney

Stefan

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Melchior FRANZ
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney

Does the GPL allow me to sell copies of the program for money?

Yes, the GPL allows everyone to do this. The right to sell copies
is part of the definition of free software. Except in one special
situation, there is no limit on what price you can charge. (The one
exception is the required written offer to provide source code that
must accompany binary-only release.)

m.

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Martin Spott
Erik Hofman wrote:
 Update of /var/cvs/FlightGear-0.9/data/Aircraft/Boeing314
 In directory baron.flightgear.org:/tmp/cvs-serv11895

 Modified Files:
 Boeing314A.xml
 Log Message:
 Add the license statement
 
 + This simulation model is not endorsed by the manufacturer. This 
 model
 + is not to be sold.

Melchior FRANZ wrote:
 http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
 
 Does the GPL allow me to sell copies of the program for money?

You see the difference ? Hey, usually MF is unnatural over-picky about
everyone's statements and/or ideas, now he breaks with his own habits.

Nice,
Martin.
-- 
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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread gerard robin
On mercredi 21 janvier 2009, Martin Spott wrote:
 Erik Hofman wrote:
  Update of /var/cvs/FlightGear-0.9/data/Aircraft/Boeing314
  In directory baron.flightgear.org:/tmp/cvs-serv11895
 
  Modified Files:
  Boeing314A.xml
  Log Message:
  Add the license statement
 
  + This simulation model is not endorsed by the manufacturer.
  This model + is not to be sold.

 Melchior FRANZ wrote:
  http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
 
  Does the GPL allow me to sell copies of the program for money?

 You see the difference ? Hey, usually MF is unnatural over-picky about
 everyone's statements and/or ideas, now he breaks with his own habits.

 Nice,
   Martin.

Cool,  Martin
Nobody, here and everywhere  is perfect  :)

-- 
Gérard
http://pagesperso-orange.fr/GRTux/

J'ai décidé d'être heureux parce que c'est bon pour la santé. 
Voltaire


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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Tim Moore
Martin Spott wrote:
 Erik Hofman wrote:
 Update of /var/cvs/FlightGear-0.9/data/Aircraft/Boeing314
 In directory baron.flightgear.org:/tmp/cvs-serv11895

 Modified Files:
 Boeing314A.xml
 Log Message:
 Add the license statement

 + This simulation model is not endorsed by the manufacturer. 
 This model
 + is not to be sold.
 
 Melchior FRANZ wrote:
 http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney

 Does the GPL allow me to sell copies of the program for money?
 
 You see the difference ?
Is this a trick question?

Tim


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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Martin Spott
Tim Moore wrote:
 Martin Spott wrote:
  Erik Hofman wrote:
  Update of /var/cvs/FlightGear-0.9/data/Aircraft/Boeing314
  In directory baron.flightgear.org:/tmp/cvs-serv11895
 
  Modified Files:
  Boeing314A.xml
  Log Message:
  Add the license statement
 
  + This simulation model is not endorsed by the manufacturer. 
  This model
  + is not to be sold.
  
  Melchior FRANZ wrote:
  http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
 
  Does the GPL allow me to sell copies of the program for money?
  
  You see the difference ?
 Is this a trick question?

Nope. Selling a 'computerized' (to sum it up) model (or just any other
sort of 'software') might, when you keep typical commercial software
contracts in mind, be well understood as selling a license of the
model/software. This is obviously different from selling a copy in
the understanding of the GPL, which refers to the physical act of
transferring.

We're talking about wether the model has top be removed from CVS
(original statement from MF) and all the consequences which might
follow, so we probably should care about the details as well.

Cheers,
Martin.
-- 
 Unix _IS_ user friendly - it's just selective about who its friends are !
--

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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread Arnt Karlsen
On Wed, 21 Jan 2009 14:06:42 +0100, gerard wrote in message 
200901211406.42997.ghma...@gmail.com:

 On mercredi 21 janvier 2009, Melchior FRANZ wrote:
  * Erik Hofman -- Wednesday 21 January 2009:
  [...]
 
   Modified Files:
 Boeing314A.xml
   Log Message:
   Add the license statement
  
   + license
   +   licenseNameGPL (General Public
   License)/licenseName
   +
   licenseURLhttp://www.gnu.org/licenses/gpl.html/licenseURL
   + /license
   + note
   + [...]This model
   + is not to be sold.
   + /note
 
  That's impossible! The GPL explicitly allows selling software,
  and it does *not* allow to add restrictions!
 
  So, either the is not to be sold has to be removed, or the
  aircraft shall be removed from CVS.
 
  m.
 
 I was told by a layer,  since we are writing that the model is
 copyrighted protected under Licence GPLV2 , we may write anything we
 want as addons regarding the protection,  these addons won't be taken
 in account , and one may ignore it.
 
 Are we wrong ?

..in a word, yes.

..if you are the original author, you can license it under _another_
license to create 2 or more paralell models, one EULA for use in 
e.g. MSFS, one GPLv2 _without_ your is not to be sold for use in 
FG-cvs, and a _real_nice_ one under GPLv3 to push us all, the 
right way. ;o)

..note that IP cannot move between these license trees, 
unless each modifier author also licenses his modification 
under each license.  Big ass mess, essentially, the only
exception being GPLv2-and-later to GPLv3.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...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] CVS: data/Aircraft/Boeing314 Boeing314A.xml, 1.5, 1.6

2009-01-21 Thread syd adams
Maybe I'm being naive here , but wouldn't be easier to jusr remove the word
Boeing from the files ?
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Re: [Flightgear-devel] CVS: data/Aircraft/Boeing314 Boeing314A.xml,

2009-01-21 Thread Tim Moore
Martin Spott wrote:
 Tim Moore wrote:
 Martin Spott wrote:
 Erik Hofman wrote:
 Update of /var/cvs/FlightGear-0.9/data/Aircraft/Boeing314
 In directory baron.flightgear.org:/tmp/cvs-serv11895

 Modified Files:
 Boeing314A.xml
 Log Message:
 Add the license statement

 + This simulation model is not endorsed by the manufacturer. 
 This model
 + is not to be sold.
 Melchior FRANZ wrote:
 http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney

 Does the GPL allow me to sell copies of the program for money?
 You see the difference ?
 Is this a trick question?
 
 Nope. Selling a 'computerized' (to sum it up) model (or just any other
 sort of 'software') might, when you keep typical commercial software
 contracts in mind, be well understood as selling a license of the
 model/software. This is obviously different from selling a copy in
 the understanding of the GPL, which refers to the physical act of
 transferring.
http://www.gnu.org/philosophy/selling.html makes it clear that selling a copy 
is GNUspeak for sell. People around here get bent out of shape when their 
screen shots are used to sell copies of FlightGear.
 
 We're talking about wether the model has top be removed from CVS
 (original statement from MF) and all the consequences which might
 follow, so we probably should care about the details as well.

This model is not to be sold seems pretty explicit to me. Maybe Boeing really 
means it, maybe they don't, but as originally committed this is a significant 
restriction on the GPL.

Tim


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