Re: [FYI] QT4 licensing looks very bad for *BSD

2005-07-01 Thread Chuck Swiger

Josh Ockert wrote:

I'm not so sure you guys have this right.

No BSD-licensed code is allowed to use a GPL library and remain
BSD-licensed.   According to the GPL, Section 2:

b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.


The derivative work as a whole must be released under the terms of the GPL 
because of this.  The parts of the derivative work which originally were under 
that other license remain available under that other license alone, just as the 
parts which originally were under the GPL remain available under the GPL, alone.


Nothing in the GPL forces the other code by itself to be under the GPL.
How could that possibly be the case?  [1]

Many simple permissive licenses are GPL-miscable, including the BSDL and 
MIT/X11 licenses.  See:


http://www.fsf.org/licensing/licenses/index_html#GPLCompatibleLicenses

You can even link GPL'ed code with proprietary code, but the result cannot be 
redistributed per GPL #7.  Such a combination can still be used by you as an 
individual, because GPL #0 states: The act of running the Program is not 
restricted


--
-Chuck

[1]: You can choose to use any license you want for original code that you've 
written.  Software licenses apply to the code which is under that license, and 
to derivative works (assuming the license permits such to be created); 
conversely, a license does not apply to code which is not under that license.


Unless you are the author, or unless the author grants permission for you to 
relicense the original source code, you do not have the right to take 
BSD-licensed code and put it under the GPL just because you feel like doing so, 
or just because you've linked the original program against (eg) GNU readline.

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-07-01 Thread Danny Pansters
On Friday 1 July 2005 07:32, Josh Ockert wrote:
 On 6/30/05, Danny Pansters [EMAIL PROTECTED] wrote:
  Sorry for top posting...
 
  The crucial words are: under the terms of this License. The confusion
  is due to contradictions in the License. Which are theirs. And it's very
  disputed as in might be void.
 
  What GPL quotes can be used (remember it's a license not a law, BTW) for
  the case when I use python bindings instead of C++ and (real) binding?
 
  And what about Use of the Program. A toolkit has a clear Use. And
  there we have the LGPL case all over again.
 
  Personally I wouldn't mind if the QPL came back to life. For *BSD it was
  a workable solution.
 
  On Friday 1 July 2005 04:44, Josh Ockert wrote:
   I'm not so sure you guys have this right.
  
   No BSD-licensed code is allowed to use a GPL library and remain
   BSD-licensed. According to the GPL, Section 2:
  
   b) You must cause any work that you distribute or publish, that in
   whole or in part contains or is derived from the Program or any part
   thereof, to be licensed as a whole at no charge to all third parties
   under the terms of this License.
  
   This very specifically includes works which use libraries; use of
   libraries with non-GPL software is to be done with the LGPL. That's
   why the first L in LGPL used to stand for Library. Now it stands for
   Lesser, because RMS wants to discourage its use; he has in fact
   claimed that many projects have been made open source because they
   wanted to use the readline library: The Readline library implements
   input editing and history for interactive programs, and that's a
   facility not generally available elsewhere. Releasing it under the GPL
   and limiting its use to free programs gives our community a real
   boost. At least one application program is free software today
   specifically because that was necessary for using Readline (see
   http://software.newsforge.com/software/04/07/15/163208.shtml).
  
   The GPL clarifies this point: This General Public License does not
   permit incorporating your program into proprietary programs. If your
   program is a subroutine library, you may consider it more useful to
   permit linking proprietary applications with the library. If this is
   what you want to do, use the GNU Library General Public License
   instead of this License. While this only explicitly refers to
   proprietary licenses, other open source licenses are also excluded
   because the 'viral' part of the GPL requires that they be distributed
   under the terms of this License (meaning the GPL).
  
   I believe where the confusion comes in is here: The QT Public License.
   It allowed redistribution of any linked work under any Open Source
   license. To wit:
  
   6. You may develop application programs, reusable components and
   other software items that link with the original or modified versions
   of the Software. These items, when distributed, are subject to the
   following requirements: (a) You must ensure that all recipients of
   machine-executable forms of these items are also able to receive and
   use the complete machine-readable source code to the items without any
   charge beyond the costs of data transfer. (b) You must explicitly
   license all recipients of your items to use and re-distribute original
   and modified versions of the items in both machine-executable and
   source code forms. The recipients must be able to do so without any
   charges whatsoever, and they must be able to re-distribute to anyone
   they choose. (c) If the items are not available to the general public,
   and the initial developer of the Software requests a copy of the
   items, then you must supply one.
  
   You can read a whole flamewar on the Debian lists from when the QPL
   was first coming out:
   http://lists.debian.org/debian-legal/1999/03/msg00064.html
  
   If QT4 is licensed exclusively under GPL I do not believe that BSDL
   software can continue to be written with it without exploiting some
   kind of legal loophole. I'd need to read the GPL in more detail before
   giving my opinion. Please note that I'm not a licensed lawyer, just a
   law geek applying to law school and finishing up his senior year in
   undergrad; take my opinion with a grain of salt. But please do look up
   the references, and if you have doubts, read the BSDL, the QPL, the
   GPL, and the LGPL, and any clarifying text thereon.
 
  No. It's not about being licensed GPL. That allows for parts being BSDL.
  It's about having to relicense BSDL - GPL and we believe that can not be
  enforcable (at least not when abiding to GPL)
 
 
  Cheers,
 
  Dan

 I don't really see the contradiction in the GPL.

The contradiction is in Use of a toolkit which only use is techinically to 
create a derivative. Hence the LGPL.

 Regardless of whether it's a law or a license, it's binding. Nothing
 else gives you the right to use the Qt libraries.

Yes, but an EULA requiring release of 

RE: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Chuck Swiger
Sent: Wednesday, June 29, 2005 7:47 AM
To: Danny Pansters
Cc: freebsd-questions@freebsd.org
Subject: Re: [FYI] QT4 licensing looks very bad for *BSD


Also note that the Open Source Definition does not allow 
restrictions on the 
field of endeavor:

The license must not restrict anyone 

Chuck,

  The copyright laws govern this sort of thing not the GPL, and
the courts have consistently held that a Copyright holder can
pretty much do what they want, and can put any kind of licensing
terms they want on something.  In short a Copyright holders
right to control how his work is used trumps anything else.

  What this means is that if you have a case where someone
takes the GPL license and rewrites it to cover their work,
what a court is going to rule is that while the FSF may have
infringement grounds for suing the person for modifying the GPL,
that still does not affect the copyright status of the work
under the modified GPL.  What the person would be required to
do is cease infringing the GPL which means they would have
to strike all references to the name GPL from their modified
license, and probably significantly change sentences in it
so that it's not a verbatim copy, but a 1st year legal student
could do that.  They would not be barred from creating TERMS
that are mostly similar to the GPL's terms, yet containing
additional un-GPL-like restrictions.

  This also means that if you happened to be using software
under this modified GPL license, you would have no grounds for
a defence of well your honor his license was supposed to
be less restrictive because he says it's GPL and the GPL is
less restrictive than what his license terms are, so I just
followed the GPL terms, not his modified terms

  Now, there IS one loophole in the Qt modified GPL license.
That is, you could use a program like emacs to write a C++
program that calls Qt classes.  You could then distribute this
program in source form, with a commercial or restrictive
license, despite the fact that Trolltech's wording is:

By using this version of Qt/QSA, you agree to

 and legally you would not be infringing.  Any user that
compiled your program with Qt would be infringing.  However, if
you used QtDesigner or any of that to write your C++ program,
your source would be subject to the Qt license restrictions.

Of course, if you removed references in your source to Qt
Designer, it would be impossible for TrollTech to prove
that you used it, rather than Emacs, to write your source,
but that's a side issue. ;-)

Ted
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Chuck Swiger

Ted Mittelstaedt wrote:
[ ... ]

  The copyright laws govern this sort of thing not the GPL, and
the courts have consistently held that a Copyright holder can
pretty much do what they want, and can put any kind of licensing
terms they want on something.  In short a Copyright holders
right to control how his work is used trumps anything else.


This generalization is correct, within certain important limits: a copyright 
right holder can put pretty much any license terms they want onto something.


This generalization is also wrong: lots of licenses contain terms which are not 
enforcable, and there exist considerations which trump copyright law.  For 
exmaple, if you write a program and distribute it under a license which says 
that anyone who uses your software must kill Ted's mother-in-law, one would 
discover that your mother-in-law's right to life trumps this license.


Plenty of licenses claim that the user may only make one archival or backup 
copy of the software.  Fair use (here in the US) and data retention 
requirements (here and elsewhere) permit people to take as many backups as they 
need to.  This sort of thing happens often enough that non-trivial software 
licenses expect that some of their terms may be found to be unenforcable, 
leading to clauses such as:


If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances. (GPL clause #7)

[ ... ]

  Now, there IS one loophole in the Qt modified GPL license.
That is, you could use a program like emacs to write a C++
program that calls Qt classes.  You could then distribute this
program in source form, with a commercial or restrictive
license, despite the fact that Trolltech's wording is:

By using this version of Qt/QSA, you agree to

 and legally you would not be infringing.


Of course you could.  In fact, you could even release a binary version of the 
program which dynamicly loaded the Qt library if present, and still not be 
infringing, so long as your code is seperate and independent of Qt.


This is precisely what the proprietary video drivers from ATI and nVidia for 
Linux do.  ATI and nVidia cannot redistribute a Linux kernel plus their 
drivers, since that combination would violate GPL #7, but so long as they do 
not redistribute GPL'ed code, they are not subject to the terms of the GPL.



Any user that compiled your program with Qt would be infringing.


If the user compiled the program *and* redistributed a binary containing both 
that software and Qt, it would be infringing.  But if the end-user simply uses 
the combination without redistributing it, then there is no infringement.


See GPL clause #0 just below (qv).


However, if you used QtDesigner or any of that to write your C++ program,
your source would be subject to the Qt license restrictions.


The output of a tool like an editor is generally not covered by the license 
which applies to the tool itself:


Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does. (GPL #0)

Microsoft doesn't own the Word or Excel documents you might create using 
Office, and TrollTech doesn't own the software you might create using QtDesigner.


--
-Chuck

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Danny Pansters
snipped

I'd like to say that my mail to trolltech was before yours and I haven't had 
an answer yet save for an automated reply. Perhaps I'm not important 
enough :)

I'm not sure if I want this to go on the list (and archive) but this is what I 
sent them, and yes, I was voicing concern but I don't think I got abusive or 
impolite at any point. If anything I'm directly pointing out where problems 
may/will arise (after re-reading I thought there's nothing wrong copying it 
to the list):

-

LIcensing of new QT4
From: Danny Pansters [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Date: 29/06/05 13:02

Hi there,

congratulations with the new QT. 

But there was something on your download page where the licensing is explained 
that made me very worried. I use and work on FreeBSD and there is no way I'm 
going to write code (for FreeBSD/KDE and in most cases useless for Linux) 
that is forced to become GPL because it uses QT. And I don't think you can 
enforce relicensing like that.

See, if I release code under BSDL that uses (but not changes) any GPL'd QT 
code I am abiding to the GPL. So is this situation still the same and is the 
wording on the webpage a bit mangled, or do you really mean that any and all 
code (including code under other open source licenses from people external to 
QT) must be released under GPL if it use QT?

Please give me a clear answer on this, because for *BSD people this means a 
lot and we'd need to have a long hard talk about QT if indeed everything is 
forced into GPL. I'm working on a TV app for FreeBSD using PyQt and now I'm 
wondering if I should just keep it to myself. That can't be the intention of 
the licensing.

Thanks,

Danny Pansters

--

They're still not clear about this as far as I can tell.

It's interesting that what you said about relicensing in a GPL context (that 
this may not be a requirement if to be GPL compliant/compatible) was also the 
first thing that came to my mind. It may even void their GPL based license if 
taken to the letter. I fact that would be likely.

I'll be satisfied if they make a statement about this or something alike, but 
I do agree with you that a requirement to relicensing while complying with 
gpl would not be possible if abiding to gpl themselves.

Again, thanks, you clearly know what this stuff (from a *bsd perspective) is 
about, unlike others even if they *gasp* wrote a book.

I dunno I feel somewhat silly about persuing this, but I also feel that if no 
one does we might end up with a dreadful deal etched in stone and that would 
be bye bye qt/kde development specifically for *BSD and released as such. 
That would very much hinder newcomers or veterans alike who want to enhance 
our desktop (can you say pc-bsd which adapted a GPL license based on exactly 
this presumable FUD!)

Anayway I apreciate your input and effords talking with the Trolls. Thanks.

Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
I'm not so sure you guys have this right.

No BSD-licensed code is allowed to use a GPL library and remain
BSD-licensed. According to the GPL, Section 2:

b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.

This very specifically includes works which use libraries; use of
libraries with non-GPL software is to be done with the LGPL. That's
why the first L in LGPL used to stand for Library. Now it stands for
Lesser, because RMS wants to discourage its use; he has in fact
claimed that many projects have been made open source because they
wanted to use the readline library: The Readline library implements
input editing and history for interactive programs, and that's a
facility not generally available elsewhere. Releasing it under the GPL
and limiting its use to free programs gives our community a real
boost. At least one application program is free software today
specifically because that was necessary for using Readline (see
http://software.newsforge.com/software/04/07/15/163208.shtml).

The GPL clarifies this point: This General Public License does not
permit incorporating your program into proprietary programs. If your
program is a subroutine library, you may consider it more useful to
permit linking proprietary applications with the library. If this is
what you want to do, use the GNU Library General Public License
instead of this License. While this only explicitly refers to
proprietary licenses, other open source licenses are also excluded
because the 'viral' part of the GPL requires that they be distributed
under the terms of this License (meaning the GPL).

I believe where the confusion comes in is here: The QT Public License.
It allowed redistribution of any linked work under any Open Source
license. To wit:

6. You may develop application programs, reusable components and
other software items that link with the original or modified versions
of the Software. These items, when distributed, are subject to the
following requirements: (a) You must ensure that all recipients of
machine-executable forms of these items are also able to receive and
use the complete machine-readable source code to the items without any
charge beyond the costs of data transfer. (b) You must explicitly
license all recipients of your items to use and re-distribute original
and modified versions of the items in both machine-executable and
source code forms. The recipients must be able to do so without any
charges whatsoever, and they must be able to re-distribute to anyone
they choose. (c) If the items are not available to the general public,
and the initial developer of the Software requests a copy of the
items, then you must supply one.

You can read a whole flamewar on the Debian lists from when the QPL
was first coming out:
http://lists.debian.org/debian-legal/1999/03/msg00064.html

If QT4 is licensed exclusively under GPL I do not believe that BSDL
software can continue to be written with it without exploiting some
kind of legal loophole. I'd need to read the GPL in more detail before
giving my opinion. Please note that I'm not a licensed lawyer, just a
law geek applying to law school and finishing up his senior year in
undergrad; take my opinion with a grain of salt. But please do look up
the references, and if you have doubts, read the BSDL, the QPL, the
GPL, and the LGPL, and any clarifying text thereon.
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Danny Pansters
Sorry for top posting...

The crucial words are: under the terms of this License. The confusion is due 
to contradictions in the License. Which are theirs. And it's very disputed as 
in might be void.

What GPL quotes can be used (remember it's a license not a law, BTW) for the 
case when I use python bindings instead of C++ and (real) binding?

And what about Use of the Program. A toolkit has a clear Use. And there 
we have the LGPL case all over again.

Personally I wouldn't mind if the QPL came back to life. For *BSD it was a 
workable solution.


On Friday 1 July 2005 04:44, Josh Ockert wrote:
 I'm not so sure you guys have this right.

 No BSD-licensed code is allowed to use a GPL library and remain
 BSD-licensed. According to the GPL, Section 2:

 b) You must cause any work that you distribute or publish, that in
 whole or in part contains or is derived from the Program or any part
 thereof, to be licensed as a whole at no charge to all third parties
 under the terms of this License.

 This very specifically includes works which use libraries; use of
 libraries with non-GPL software is to be done with the LGPL. That's
 why the first L in LGPL used to stand for Library. Now it stands for
 Lesser, because RMS wants to discourage its use; he has in fact
 claimed that many projects have been made open source because they
 wanted to use the readline library: The Readline library implements
 input editing and history for interactive programs, and that's a
 facility not generally available elsewhere. Releasing it under the GPL
 and limiting its use to free programs gives our community a real
 boost. At least one application program is free software today
 specifically because that was necessary for using Readline (see
 http://software.newsforge.com/software/04/07/15/163208.shtml).

 The GPL clarifies this point: This General Public License does not
 permit incorporating your program into proprietary programs. If your
 program is a subroutine library, you may consider it more useful to
 permit linking proprietary applications with the library. If this is
 what you want to do, use the GNU Library General Public License
 instead of this License. While this only explicitly refers to
 proprietary licenses, other open source licenses are also excluded
 because the 'viral' part of the GPL requires that they be distributed
 under the terms of this License (meaning the GPL).

 I believe where the confusion comes in is here: The QT Public License.
 It allowed redistribution of any linked work under any Open Source
 license. To wit:

 6. You may develop application programs, reusable components and
 other software items that link with the original or modified versions
 of the Software. These items, when distributed, are subject to the
 following requirements: (a) You must ensure that all recipients of
 machine-executable forms of these items are also able to receive and
 use the complete machine-readable source code to the items without any
 charge beyond the costs of data transfer. (b) You must explicitly
 license all recipients of your items to use and re-distribute original
 and modified versions of the items in both machine-executable and
 source code forms. The recipients must be able to do so without any
 charges whatsoever, and they must be able to re-distribute to anyone
 they choose. (c) If the items are not available to the general public,
 and the initial developer of the Software requests a copy of the
 items, then you must supply one.

 You can read a whole flamewar on the Debian lists from when the QPL
 was first coming out:
 http://lists.debian.org/debian-legal/1999/03/msg00064.html

 If QT4 is licensed exclusively under GPL I do not believe that BSDL
 software can continue to be written with it without exploiting some
 kind of legal loophole. I'd need to read the GPL in more detail before
 giving my opinion. Please note that I'm not a licensed lawyer, just a
 law geek applying to law school and finishing up his senior year in
 undergrad; take my opinion with a grain of salt. But please do look up
 the references, and if you have doubts, read the BSDL, the QPL, the
 GPL, and the LGPL, and any clarifying text thereon.

No. It's not about being licensed GPL. That allows for parts being BSDL. It's 
about having to relicense BSDL - GPL and we believe that can not be 
enforcable (at least not when abiding to GPL)


Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
On 6/30/05, Danny Pansters [EMAIL PROTECTED] wrote:
 Sorry for top posting...
 
 The crucial words are: under the terms of this License. The confusion is due
 to contradictions in the License. Which are theirs. And it's very disputed as
 in might be void.
 
 What GPL quotes can be used (remember it's a license not a law, BTW) for the
 case when I use python bindings instead of C++ and (real) binding?
 
 And what about Use of the Program. A toolkit has a clear Use. And there
 we have the LGPL case all over again.
 
 Personally I wouldn't mind if the QPL came back to life. For *BSD it was a
 workable solution.
 
 
 On Friday 1 July 2005 04:44, Josh Ockert wrote:
  I'm not so sure you guys have this right.
 
  No BSD-licensed code is allowed to use a GPL library and remain
  BSD-licensed. According to the GPL, Section 2:
 
  b) You must cause any work that you distribute or publish, that in
  whole or in part contains or is derived from the Program or any part
  thereof, to be licensed as a whole at no charge to all third parties
  under the terms of this License.
 
  This very specifically includes works which use libraries; use of
  libraries with non-GPL software is to be done with the LGPL. That's
  why the first L in LGPL used to stand for Library. Now it stands for
  Lesser, because RMS wants to discourage its use; he has in fact
  claimed that many projects have been made open source because they
  wanted to use the readline library: The Readline library implements
  input editing and history for interactive programs, and that's a
  facility not generally available elsewhere. Releasing it under the GPL
  and limiting its use to free programs gives our community a real
  boost. At least one application program is free software today
  specifically because that was necessary for using Readline (see
  http://software.newsforge.com/software/04/07/15/163208.shtml).
 
  The GPL clarifies this point: This General Public License does not
  permit incorporating your program into proprietary programs. If your
  program is a subroutine library, you may consider it more useful to
  permit linking proprietary applications with the library. If this is
  what you want to do, use the GNU Library General Public License
  instead of this License. While this only explicitly refers to
  proprietary licenses, other open source licenses are also excluded
  because the 'viral' part of the GPL requires that they be distributed
  under the terms of this License (meaning the GPL).
 
  I believe where the confusion comes in is here: The QT Public License.
  It allowed redistribution of any linked work under any Open Source
  license. To wit:
 
  6. You may develop application programs, reusable components and
  other software items that link with the original or modified versions
  of the Software. These items, when distributed, are subject to the
  following requirements: (a) You must ensure that all recipients of
  machine-executable forms of these items are also able to receive and
  use the complete machine-readable source code to the items without any
  charge beyond the costs of data transfer. (b) You must explicitly
  license all recipients of your items to use and re-distribute original
  and modified versions of the items in both machine-executable and
  source code forms. The recipients must be able to do so without any
  charges whatsoever, and they must be able to re-distribute to anyone
  they choose. (c) If the items are not available to the general public,
  and the initial developer of the Software requests a copy of the
  items, then you must supply one.
 
  You can read a whole flamewar on the Debian lists from when the QPL
  was first coming out:
  http://lists.debian.org/debian-legal/1999/03/msg00064.html
 
  If QT4 is licensed exclusively under GPL I do not believe that BSDL
  software can continue to be written with it without exploiting some
  kind of legal loophole. I'd need to read the GPL in more detail before
  giving my opinion. Please note that I'm not a licensed lawyer, just a
  law geek applying to law school and finishing up his senior year in
  undergrad; take my opinion with a grain of salt. But please do look up
  the references, and if you have doubts, read the BSDL, the QPL, the
  GPL, and the LGPL, and any clarifying text thereon.
 
 No. It's not about being licensed GPL. That allows for parts being BSDL. It's
 about having to relicense BSDL - GPL and we believe that can not be
 enforcable (at least not when abiding to GPL)
 
 
 Cheers,
 
 Dan
 

I don't really see the contradiction in the GPL. 

Regardless of whether it's a law or a license, it's binding. Nothing
else gives you the right to use the Qt libraries.

As far as binding, if it links with the program, then it's covered
under the GPL.

I think you're seriously confused on something. The GPL does require
that derivative works (including programs linked to GPL libraries) be
distributed under the GPL. It does NOT require that the GPL 

Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
PS - Not that I'm claiming that BSD is a total giveaway, but as long
as the required notices are intact, there's nothing wrong with BSDL
code being imported to GPL code.
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[FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Danny Pansters
Folks,

I don't want to scare anyone but today QT4 was released and their web page

(http://www.trolltech.com/download/opensource.html)

specifically states several times that if using the free version one is 
required to release their own code under GPL. That's effectively a 
requirement to relicense which goes much further than the GPL itself. The 
former licensing amounted to abide to the GPL or QPL as is normal for a GPL 
project and in that case one could release code under BSDL and if anything 
let the next guy worry about it (if they want to distribute a derivative).

I think this should be discussed. I already sent the Trolls an email asking 
for clarification about this, or rather if it's as bad as it seems for us. 
Perhaps they just overlooked the *BSDs...


Dan

PS keep your flames to yourselves. This is serious.

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread RW
On Wednesday 29 June 2005 12:30, Danny Pansters wrote:
 Folks,

 I don't want to scare anyone but today QT4 was released and their web page

 (http://www.trolltech.com/download/opensource.html)

 specifically states several times that if using the free version one is
 required to release their own code under GPL. That's effectively a
 requirement to relicense which goes much further than the GPL itself. The
 former licensing amounted to abide to the GPL or QPL as is normal for a
 GPL project and in that case one could release code under BSDL and if
 anything let the next guy worry about it (if they want to distribute a
 derivative).

I don't see what you are getting at. As I read it, they give an informal 
informational precis of what the GPL is, and then say: This is because the 
Open Source versions of our software are governed by the terms of the GNU GPL 
license.  
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Chuck Swiger

Danny Pansters wrote:

I don't want to scare anyone but today QT4 was released and their web page

(http://www.trolltech.com/download/opensource.html)

specifically states several times that if using the free version one is 
required to release their own code under GPL. That's effectively a 
requirement to relicense which goes much further than the GPL itself. The 
former licensing amounted to abide to the GPL or QPL as is normal for a GPL 
project and in that case one could release code under BSDL and if anything 
let the next guy worry about it (if they want to distribute a derivative).


TrollTech is playing the same type of game that MySQL is doing.  If you write 
your own program, and use it with QT which results in a derivative work, then 
you may not redistribute your program without complying with the terms of the 
GPL.  Nothing in the GPL requires someone else's code to be relicensed under 
the GPL, it just requires that code to be under a GPL-miscable license.  The 
new BSDL (ie, without the advertizing clause) is fine.


Also note that the Open Source Definition does not allow restrictions on the 
field of endeavor:


The license must not restrict anyone from making use of the program in a 
specific field of endeavor. For example, it may not restrict the program from 
being used in a business, or from being used for genetic research.


Rationale: The major intention of this clause is to prohibit license traps that 
prevent open source from being used commercially. We want commercial users to 
join our community, not feel excluded from it.


--
-Chuck

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Danny Pansters
Hey Chuck, thanks for answering.

On Wednesday 29 June 2005 16:47, Chuck Swiger wrote:
 Danny Pansters wrote:
  I don't want to scare anyone but today QT4 was released and their web
  page
 
  (http://www.trolltech.com/download/opensource.html)
 
  specifically states several times that if using the free version one is
  required to release their own code under GPL. That's effectively a
  requirement to relicense which goes much further than the GPL itself. The
  former licensing amounted to abide to the GPL or QPL as is normal for a
  GPL project and in that case one could release code under BSDL and if
  anything let the next guy worry about it (if they want to distribute a
  derivative).

 TrollTech is playing the same type of game that MySQL is doing.  If you
 write your own program, and use it with QT which results in a derivative
 work, then you may not redistribute your program without complying with the
 terms of the GPL.  Nothing in the GPL requires someone else's code to be
 relicensed under the GPL, it just requires that code to be under a
 GPL-miscable license.  The new BSDL (ie, without the advertizing clause)
 is fine.

But they specifically state it:

(I)

Add a notice to your program that it is GPL licensed when it runs

This is because the Open Source versions of our software are governed by the 
terms of the GNU GPL license. Using the Open Source Edition means you agree 
that the source of the software you write also will be published according to 
this license.

on their download page: http://www.trolltech.com/download/opensource.html

Their licensing page (I just noted) OTOH, has:

(II)

If you wish to use the Qt Open Source Edition, you must contribute all your 
source code to the open source community in accordance with the GPL when your 
application is distributed.

That's on http://www.trolltech.com/products/qt/opensource.html

The two are obviously different (the latter being the same as for qt3-gpl). 
Abiding to and applying a licence are not the same. And that's what get's 
mangled up (perhaps accidentally).

 Also note that the Open Source Definition does not allow restrictions on
 the field of endeavor:

 The license must not restrict anyone from making use of the program in a
 specific field of endeavor. For example, it may not restrict the program
 from being used in a business, or from being used for genetic research.

 Rationale: The major intention of this clause is to prohibit license traps
 that prevent open source from being used commercially. We want commercial
 users to join our community, not feel excluded from it.

Yeah but if the letter of (I) is to be followed we'd be barred from releasing 
any qt/kde desktop enhancing stuff for *BSD if we'd insist on releasing that 
code (our own) on our own license terms (to be expected) which complies with 
what GPL asks of us. Hence I'm saying that (I) would go a lot further than 
GPL requirements.

Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Chuck Swiger

Danny Pansters wrote:

Hey Chuck, thanks for answering.


No problem.  (I'm not completely convinced this thread belongs on 
freebsd-questions, but I don't know where else to move it to.  :-)


Anyway, I contacted someone at TrollTech with pretty much what I said in my 
last email, and got a positive response that they would look into this.  My 
impression is that their download page reflects a somewhat clumsy explanation 
of what the GPL requires for derivative works, rather than an attempt by 
TrollTech to force other people to use the GPL.


--
-Chuck

From: [EMAIL PROTECTED]
Subject: Re: [Issue N77189] QT4 Open Source compliance...
In-reply-to: [EMAIL PROTECTED]
To: Chuck Swiger [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Message-id: [EMAIL PROTECTED]

[ ... ]

If one were to write your own program, and use it with QT in a fashion
which results in a derivative work, then one may not redistribute the
program without complying with the terms of the GPL.


Exactly. Deriving from Qt and QSA is all you do when you use it.


However, nothing in the GPL requires someone else's code to be
relicensed under the GPL, it simply requires that code to be under a
GPL-miscable license. For instance, the new BSDL (ie, without the
advertizing clause) is fine, as is the MIT/X11 license and others.


We don't require this either:


Make the complete source code of your program available to all end
users  Allow all users to re-use, modify and re-distribute the code
Give up your right to demand compensation for re-use and
re-distribution  Add a notice to your program that it is GPL licensed
when it runs


When you have end users, then you obviously redistributed it. Since the
GPL is viral, you have to license under the GPL or a compatible license
(which is what we mean when we says GPL licensed).

[ ... ]

-- and -

Subject: Re: [Issue N77189] QT4 Open Source compliance...
In-reply-to: [EMAIL PROTECTED]
To: Charles Swiger [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Message-id: [EMAIL PROTECTED]


The specific problem with OSD-compliance is this phrase:

Give up your right to demand compensation for re-use


Hello Chuck,

thanks for clarifying, now I know what you are commenting on.


People can and do sell GPL'ed software all of the time. People can and
do sell services or charge usage fees for systems which use GPL'ed
software.

What you cannot do with GPL'ed software is prevent someone you've sold
the software to from giving it away for free, if they so choose.  And
once you've redistributed the software (in either source or binary
form), you must also make the complete source code available for free.


I think you have a point, I'll pass this on to our legal department for
review.


When you have end users, then you obviously redistributed it. Since
the GPL is viral, you have to license under the GPL or a compatible
license (which is what we mean when we says GPL licensed).
 
The GPL is reciprocal or copyleft, yes. I would suggest there is a

significant difference between you must use a GPL-compatible license
if you redistribute a binary containing Qt and you must license your
code under the GPL.


I think the GPL is quite fuzzy when it comes to inhouse development.
But you are right, development itself does not constitute an act
relevant for the GPL. I was oversimpifying :)

Regards,
Volker

--
Volker Hilsheimer, Support Manager
Trolltech AS, Waldemar Thranes gate 98, NO-0175 Oslo, Norway

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