Re: Do I have to release the patch for a GPL software under GPL?

2006-05-13 Thread Graham Murray
[EMAIL PROTECTED] (Gordon Burditt) writes:

 Now, I, Evil Bill Fence Door, copyright this patch, sell it with
 onerous copy protection, and for $1,000,000 a copy.  The license
 that comes with it prohibits re-distribution of the patch.  Note
 that I'm *not* re-distributing any GPL-licensed software.  It's up
 to the customer to get it himself.

But the recipient has no need to re-distribute the patch. Applying the
patch generates a derived work of the software being patched. So, if
the original software is licenced under the GPL then the derived work
will be as well. Therefore the recipient of the patch is allowed,
under the terms of the GPL, the distribute the patched software.
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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

2006-03-26 Thread Graham Murray
Alexander Terekhov [EMAIL PROTECTED] writes:

 The fact is that the GPL price-fixes IP at zero. The fact is that 
 zero is below cost of IP creation and hence is predatory. As for the 
 rest,

The GPL does not fix the price of anything. It gives freedoms in the
sense of a 'free man' not in the sense of 'free of charge'.
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Re: GPL and other licences

2006-02-15 Thread Graham Murray
Stefaan A Eeckels [EMAIL PROTECTED] writes:

 This very wide interpretation (giving copies to all who come into
 contact with the program) is not how the GPL has been interpreted by
 the FSF itself.

Do you not agree that section 2 states that the users of modified[0]
programs which accept commands interactively[1] must be given (by the
licensee) the opportunity to acquire a copy of the program, become a
licensee and therefore be allowed to copy, modify and distribute the
program?

This seems to be saying that, for this specific class of programs, if
the owner of the copy (the licensee) gives (someone) permission to use
(ie run) the program then permission must also be granted (to that
same person) to acquire a copy. If this applies (explicitly) to
modified programs which accept interactive commands, then by
implication it also applies to other modified programs which are
licensed under the GPL.

The interpretation is not as wide as to apply to all who come into
contact with the program, just those whom the licensee allows to run
the program. I can see nothing in the FAQ you quoted which states that
this is not the case, but one part 'However, putting the program on a
server machine for the public to talk to is hardly private use, so
it would be legitimate to require release of the source code in that
special case' describes a situation where the licensee has to provide
a copy of the work.

[0] In other words, the original creator of a work does not have to
allow users to obtain copies, but those who create derivative works
have to do so.

[1] Which is a class of program which at the time the GPL was written
(when multi-user computers were much more common than 'personal' ones)
was very likely to be run by people (users) other than the owner of
the copy.
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Re: GPL and other licences

2006-02-12 Thread Graham Murray
David Kastrup [EMAIL PROTECTED] writes:

 Graham Murray [EMAIL PROTECTED] writes:
 For example you borrow from the library a book which comes with a CD
 containing GPL'd software. Under the terms of the GPL are you not
 entitled to make a copy of that software before returning the book
 and CD to the library? You do not need the library's (owner of the
 physical copy you copied) permission to do so.

 Not?  You mean, I can just walk into a library and start scanning with
 a hand scanner or a digital camera from media that happen to contain
 public domain material, without actually borrowing the stuff out?

No I am not suggesting that at all. What I am suggesting is that I can
borrow a book from the library and once it is in my possession I can
do with it anything allowed by copyright law. I can quote from
copyright works therein (within the restrictions set by copyright
law), if there is any public domain works in the book I can make a
copy of such works. If there is a CD accompanying the book and if that
CD contains works licensed under the GPL, I am suggesting that the GPL
gives me the right to accept the licence and make copies etc. even
though I am neither the owner of the physical copy nor has the owner
given explicit permission to make copies.

I still do not see why the licence only applies to the owner of the
physical copy and not to anyone who (legally) has access to the work
(for whatever purpose). To answer the point raised about the postman,
the reason I think this is different is that postman only has legal
access to closed package and not to the contents thereof.  
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Re: GPL and other licences

2006-02-11 Thread Graham Murray
Stefaan A Eeckels [EMAIL PROTECTED] writes:

 You got it wrong. By giving you his property (the lawful copy of the
 software) for the purposes of your job, you have not lawfully acquired
 (become owner) of a copy, and hence you have no rights. The fact that
 you have access to the copy (you hold the CD your employer handed you
 for the purposes of installing it on one of their computers, which you
 are allowed to use but do not own) does not mean that you are the owner
 of that copy, and it is the ownership of that copy (on whatever medium)
 that gives you certain rights. Now ownership, no rights. 

Why do you have to be the 'owner' of the copy? Consider, for a moment,
a different scenario. You borrow from a library a book containing a
work which has passed into the public domain. Although you have not
become the 'owner' of the work, you are legally entitled (under
copyright law) to transcribe the work and create a copy. You then
become the 'owner' of the copy you created. 

Why is a GPL'd program any different? The copyright owner has, under
the terms of the GPL, given permission for copies to be made as long
as certain conditions are met. These conditions do not mention being
the legal owner of work which is copied, just that source code must be
made available (by one of the 3 mechanisms stated), that the copy and
any derivative works must be subject to the same licence, and that no
extra conditions be added. The preamble of GPL2 states to make sure
the software is free for all its USERS (my emphasis). Is this not
saying that it is the user of the software, not just the 'owner' of
the copy, that has the rights outlined in the GPL?  So surely, all
that is required is legal access to a copy not legal ownership of the
copy.
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Re: GPL and other licences

2006-02-11 Thread Graham Murray
David Kastrup [EMAIL PROTECTED] writes:

 What about licensee don't you understand?

The part which (you claim) states that only the owner of the physical
media on which the copy is 'fixed' can become a licensee. I can see
nothing in the GPL which states that. On contrary the preamble states
that it ensures that the software is free for all users (ie those
using the program) and reads as though anyone who has access to the
program (eg to run it) can accept the licence and become a
licensee. Having become a licensee, you can then copy, modify and/or
distribute the software subject to the conditions in the licence. 
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Re: GPL and other licences

2006-02-06 Thread Graham Murray
Rui Miguel Silva Seabra [EMAIL PROTECTED] writes:

 The thing is that the copyright licenses of software like Microsoft
 explicitly say you have to have one license per computer. Now... if they
 were only stating copyright law, would they have to do that?

No. Because copyright law would not allow the creation of the
additional copies beyond the one installed on the hard disk of the
first computer on which it is installed. It just emphasises the
restriction. 

I suspect that these clauses are a hangup from the days when software
both came on a ran from floppy disk. 
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Re: GPL 3 and patents question

2006-02-04 Thread Graham Murray
Alan Mackenzie [EMAIL PROTECTED] writes:

 No:  This was even covered in GPL2:

   8. If the distribution and/or use of the Program is restricted in
 certain countries either by patents or by copyrighted interfaces, the
 original copyright holder who places the Program under this License
 may add an explicit geographical distribution limitation excluding
 those countries, so that distribution is permitted only in or among
 countries not thus excluded.  In such case, this License incorporates
 the limitation as if written in the body of this License.

But the problem with the situation wrt the OP is that in his country
there are no software patents, and he does not know if the work he
produces and licenses under GPL would violate any patents in any other
country. All he knows is that his writing and using the code does not
violate any patents which apply to him (as his country has no software
patents). So how is he supposed to put a geographical restriction on
distribution without the knowledge of the patent status in *every*
other country?
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Re: LGPL question

2005-11-19 Thread Graham Murray
[EMAIL PROTECTED] (Gordon Burditt) writes:

 What *is* the source code to music?  A non-DRM'd, non-encrypted copy
 of the music?

I would say that the score is the equivalent of the source code, the
mixing details being like build instructions and the performance being
the equivalent of the compiled binary.
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