Re: mysql

2003-11-22 Thread Marius Amado Alves
On Fri, 2003-11-21 at 23:54, Rodrigo Barbosa wrote:
 Actually, what limits your hability to distribute your application
 is not MySQL AB, but the GPL itself.

Indeed. It's the 'viral' nature of GPL that makes dual licencing
economically feasible. See my essay Open Source Business Found
Parasitic archived in this list and in www.SoftDevelCoop.org.

(I just now realised that my recent postings we're not getting into the
list because I changed email address and I forgot to resubscribe and the
list server is silent about failed postings. Just for the record my
failed postings we're mainly replies to people looking for a commercial
open source licence, pointing them to SDC.)

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Re: OFF-TOPIC - The SCO suit

2003-11-22 Thread MemphisHank
True, the potential impacts of U.S. litigation -expense- and -duration- 
shouldn't be ignored, if one wants to speculate re. the outcome and/or re. the 
interim tactical aspects of SCO v. IBM (and the IBM v. SCO counterclaims).  (Those 
factors can be huge.  I often use documentation of U.S. lawsuit duration, 
costs, and granularity to educate clients about the potential long war they might 
find, versus the fast battle they assume, when they inquire re. initiating a 
lawsuit.)

As a former litigator (I moved away from that side in '83!), I can assure you 
that many experienced U.S. lawyers and businesspeople see some U.S. 
litigations wrapped up (with varying outcomes) due to huge costs in cash and effort 
(without even considering other possible adverse decision-driving factors, like 
possible negative impacts on customer, partner, and supplier confidence, 
regulatory impacts in some situations, etc.).  

In that regard, many folks marveled re. the massive costs and years involved 
in the U.S. (Dept. of Justice) v. IBM antitrust litigation of earlier times.  
(Insert here caveat re. antitrust litigation perhaps being inherently more 
abstract and hence protracted and expensive than i.p. litigation - but that's 
debatable here, given the particular nuances of the SCO v. IBM situtation.)

And, yes, one task (tactic?) sometimes seen in U.S. commercial/i.p./etc. 
litigation is trying to kick out an initially involved key individual, for 
various reasons.  (E.g., in the now settled Canopy Group [of Utah] v. Computer 
Associates contract litigation, C.A. moved to exclude the C.G. General Counsel 
from access to materials disclosed under the litigation document-sharing 
[discovery] process.)  

Those desiring a fast outcome in SCO v. IBM (a) should research the durations 
of big-league U.S. litigation, particularly in issues of first impression 
(new legal questions) and (b) might be disappointed, given the pace of such 
processes.

Henry W. (Hank) Jones, III
Intersect Technology Consulting -and-
Law Office of Henry W. Jones, III
Austin, TX
[EMAIL PROTECTED]
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Re: mysql

2003-11-22 Thread Arnoud Engelfriet
Marius Amado Alves wrote:
 On Fri, 2003-11-21 at 23:54, Rodrigo Barbosa wrote:
  Actually, what limits your hability to distribute your application
  is not MySQL AB, but the GPL itself.
 
 Indeed. It's the 'viral' nature of GPL that makes dual licencing
 economically feasible. See my essay Open Source Business Found
 Parasitic archived in this list and in www.SoftDevelCoop.org.

No, it's the FUD that the GPL is 'viral' and therefore must
be avoided in business environments. It is very well possible
to combine GPL-licensed software with proprietary applications.
You just have to make the right architectural decisions.

Arnoud

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Re: mysql

2003-11-22 Thread Marius Amado Alves
On Sat, 2003-11-22 at 16:19, Arnoud Engelfriet wrote:
 No, it's the FUD that the GPL is 'viral' and therefore must
 be avoided in business environments.

No. Read my paper.

 It is very well possible
 to combine GPL-licensed software with proprietary applications.
 You just have to make the right architectural decisions.

Sure. But there is still a big class of cases where the GPL's viral
nature imposes itself. The original poster's problem was situated there,
I believe.

There is a great range of business environments: some deal well with
GPL, some don't. Dual licensing is a great way to explore the viral
nature of GPL. When I say 'viral' I do so without any prejudice
whatsoever. My own organization's flagship license Conditions of Use of
SDC Artifacts has also viral elements, namely item 18: The modified
artifact is still an SDC artifact subject to the current
Conditions of Use of SDC Artifacts. (www.softdevelcoop.org)

***And I really resent being called a FUDer.*** GPL's viral nature is right
there on clause 2b for everyone to see:
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.

It's clear how this can be a problem to a lot of businesses, and experience
(even in this list) shows beyond doubt that it really is a problem to many
real businesses.

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Re: mysql

2003-11-22 Thread Arnoud Engelfriet
Mitchell Baker wrote:
 Arnoud Engelfriet wrote:
 No, it's the FUD that the GPL is 'viral' and therefore must
 be avoided in business environments. It is very well possible
 to combine GPL-licensed software with proprietary applications.
 You just have to make the right architectural decisions.
 
 Yes, but just making the right architectural decisions is not easy.  
 Sometimes almost impossible if the code is already written.  And 
 sub-optimal in far more situations.  It takes nothing away from the GPL 
 to admit that it can be very awkward for use it in business settings.  

True. I didn't want to create the impression that it's easy.
You have to think through what will happen and what parts
subsequently will be open sourced, and whether that is
acceptable from a business (and legal) point of view.

 And in large complex environments, making the right architectural 
 decisions is difficult enough on purely technical grounds.  Adding 
 another lawyer adds yet more complexity and increases the chance of 
 failure all around.

Adding another _lawyer_? Surely you meant 'layer'? :-)

Arnoud

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Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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Re: mysql

2003-11-22 Thread Ian Lance Taylor
Marius Amado Alves [EMAIL PROTECTED] writes:

 When I say 'viral' I do so without any prejudice
 whatsoever.

The word itself is somewhat prejudicial, though, as rather few people
have positive connotations for the word ``virus.''

I think a better word here is ``sticky.''  The GPL is a sticky
license; once it is attached to code, it can't be removed.  The BSD
license is not sticky; it can be removed (or at least the most
important provisions can).

Ian
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Re: mysql

2003-11-22 Thread Brian Behlendorf
On Sat, 22 Nov 2003, Ian Lance Taylor wrote:
 I think a better word here is ``sticky.''  The GPL is a sticky
 license; once it is attached to code, it can't be removed.  The BSD
 license is not sticky; it can be removed (or at least the most
 important provisions can).

No, the terms in the BSD license can not be removed by someone
redistributing the work, or even a derived work from a BSD-licensed work
that is under a different license.  One can *add* new terms, though,
which the GPL forbids.

Brian

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Re: mysql

2003-11-22 Thread Ian Lance Taylor
Brian Behlendorf [EMAIL PROTECTED] writes:

 On Sat, 22 Nov 2003, Ian Lance Taylor wrote:
  I think a better word here is ``sticky.''  The GPL is a sticky
  license; once it is attached to code, it can't be removed.  The BSD
  license is not sticky; it can be removed (or at least the most
  important provisions can).
 
 No, the terms in the BSD license can not be removed by someone
 redistributing the work, or even a derived work from a BSD-licensed work
 that is under a different license.  One can *add* new terms, though,
 which the GPL forbids.

Fair enough.

I still think ``sticky'' is a reasonable word to describe the effects
of the GPL.  What the GPL does is make it difficult to add further
encumbrances to the code.  ``Viral'' isn't a particularly good word
even apart from the negative connotations.  The GPL doesn't ``infect''
non-GPL code; GPL code resists being linked with non-GPL code, but
it's a strictly passive process.

Using a military metaphor, a GPL program is a fortress; anybody can
come inside the fortress, but nobody can take it over.  Under that
metaphor, the GPL is a ``fortifying'' license.

Ian
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Re: mysql

2003-11-22 Thread Marius Amado Alves
Viral, fortifying, both have unwarranted connotations (in opposing
directions). What about: black hole?

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Searching clarification on OSI and libraries

2003-11-22 Thread Peter Prohaska
Hello .*.

I stumbled over the GPL as license used for a library today.
You guess it... no linking or dlopening allowed.

I have been reading some few of the licenses published on OSI.
Tough material if english is not your native language.
Finally i am completely confused and whish for someone brave enough
to add a section named Human readable library diff or something
to the FAQ section of the website.

Context first...

1. Someone asked me if i was interested to help adding support
   for some protocol to a product that is sold commercially.
   There are a few libraries providing an interface for that protocol.

One implementation i favor is plublished under the GPL.
That means that i can only support it using some sort of wrapper that
communicates using pipes or sockets.
Problem is that a wrapper approach is not acceptable for the party that
asked for help.
Conclusion is that this special library will not be supported. That
means an option for testing and spreading it is wasted here.

2. I have a personal project i work on and i want to publish it as open
   source. It will consist of a library and one or two example programs
   that make use of the library.

I am searching for a license for my project now.
- I want the code to be usable for as many people as possible
- I definitly want to allow comercial products to use the library
- I want that people can write modules that the library dlopens at
  runtime and those shall have whatever license the owner thinks is
  apropriate.
- I want the library core to stay a working little changable thing and
  publically available
- I want to allow people to copy parts of the example application and
  use them as a starting point for whatever they are working
- I want to avoid that someone copies the whole example, adds a 10 line
  gui and sells it as his Root Of All Evil.exe

I first thought about GPL for the example and LGPL for the library.
But then noone can copy files from there and start their own project
with them.
The point is that I want to make it as easy as possible to start using
the library in order to have a good chance to spread it.

If I put the library part under the OSL, is it allowed to link it to
comercial programms then?

What are the differences between GPL and OSL?
What is the intention of OSL? Is it ment as a replacement for GPL for
people that are not as drastic as RMS?

The last and most confusing issue is the documentation:

 You generate API documentation from comments in libfoo.c and add it
 to bar.xml.
 Then you add intentions.xml to bar.xml.
 Finally you extract some random code as an example from appfoo.c and
 add it to bar.xml.

Q: What license has bar.xml now?
A: LSL (License Soup License)

Is LSL OSI certified? ;)

Thanks in advance, sorry for the length,
  peter.
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