Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread James Milligan
On 10 Aug 2009, at 02:43, Andy Smith a...@strugglers.net wrote:

 Hi James,

 On Sun, Aug 09, 2009 at 08:03:14PM +0100, James Milligan wrote:
 Just a quick update for y'all (I've also turned American!)

 I've been in touch with the PL, and essentially he's saying that  
 there
 is now no license, nor was there ever one (I still need to confirm  
 this,
 but I'm not too fussed as you'll see in a second)

 What you've posted previously does look like a license, and if you
 received the software under that license then I believe that's what
 you can abide by regardless of what he says now.

 However..

 He is also defiant on one point - he is not going to restart the
 project. The only way he would let the project come back alive, is if
 someone pays him so that they can take over.

 ...if he doesn't want the project to continue then I can imagine a
 few ways he can make your life hard.  Obviously he can claim that
 you aren't one of the developers and therefore you can't assume or
 grant the extra rights required to modify the software.  He'd have
 to prove it of course, but do you really need this hassle?

 Think about what happens if he goes quiet and you do a lot of extra
 work on this software, to the point where it actually becomes
 commercially viable (again?).  What stops him then taking control
 back again?  You can't license your new work under any open source
 license because it is derivative of something which definitely is
 not an open source license.  It could get really messy.

 Not only is this annoying, it's a bit off if you ask me. He did,  
 fairly,
 develop most of the software - so I see where he is coming from, but
 others have since added to it etc, they wouldn't be getting a share  
 of
 the profits.

 But none of the people who have contributed to it seem to have ever
 discussed the license under which their work was being included, or
 whether copyright was being assigned.  So that was a bit naive of
 them.

 I have, however, offered him a small offer (£50)in the meantime to 
  take
 it over - I won't believe it if he refuses, as he's not going to  
 get any
 other offers, nor is it really worth that much. It's more for the
 benefit of the users that I'm paying.

 I haven't heard back yet RE my offer, but I'll let you know what  
 happens.

 Personally if I were going to go this way then I'd need him to
 provide a written, signed statement that the entire project is to be
 relicensed under some open source license.  Even then you may have
 issues with the indeterminate licensing of the things other people
 have contributed.

 He's probably not going to go for that, but without it I don't see
 how you can be confident about future development.

 Finally, also bear in mind that this is a publicly archived mailing
 list and things posted here by you or others might end up being
 mentioned in any dispute.

 This is not legal advice etc...

 Cheers,
 Andy

 -- 
 http://bitfolk.com/ -- No-nonsense VPS hosting

 You dont have to be illiterate to use the Internet, but it help's.
 -- Mike Bristow

Thanks for your reply Andy

He's now decided not to charge me, as I'll be forking out for new  
domains and hosting anyway (well not hosting but that's another story)

The last email I sent was discussing the license so I'm waiting for a  
reply on that one. I'm keen to relicense it asap -as we're not all  
lawyers you probably won't want to comment but if I was to relicense  
it all from the off, would that be it as far as we're concerned? He  
has effectively said that I'm in control now, so it's kind of all up  
to me how I proceed but I wouldn't mind some general advice on the  
implications of relicensing a non-open source project -if there's a  
page on the Internet then I'd be most welcome! I'll also email the fsf  
in the meantime.

Sorry for all the doom and gloom I've brought upon you all over the  
past couple of days - hopefully I'll get the project turned around and  
back up to what it used to be like again, then we can be happy that it  
didn't just die :-)

James Milligan

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread Andrew Williams
On Mon, Aug 10, 2009 at 07:34:02AM +0100, James Milligan wrote:
 He's now decided not to charge me, as I'll be forking out for new  
 domains and hosting anyway (well not hosting but that's another story)
 
 The last email I sent was discussing the license so I'm waiting for a  
 reply on that one. I'm keen to relicense it asap -as we're not all  
 lawyers you probably won't want to comment but if I was to relicense  
 it all from the off, would that be it as far as we're concerned? He  
 has effectively said that I'm in control now, so it's kind of all up  
 to me how I proceed but I wouldn't mind some general advice on the  
 implications of relicensing a non-open source project -if there's a  
 page on the Internet then I'd be most welcome! I'll also email the fsf  
 in the meantime.
 

Good to hear, if everything goes to plan i'd suggest hosting the actual 
code for the project on one of the numerous project hosting services 
(launchpad, sourceforge, etc.) and hopefully avoid this type of issue 
for the project in the future.

-- 
Andrew Williams
w: http://tensixtyone.com/
e: a...@tensixtyone.com


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread James Milligan
On 10 Aug 2009, at 08:39, Andrew Williams a...@tensixtyone.com wrote:

 On Mon, Aug 10, 2009 at 07:34:02AM +0100, James Milligan wrote:
 He's now decided not to charge me, as I'll be forking out for new
 domains and hosting anyway (well not hosting but that's another  
 story)

 The last email I sent was discussing the license so I'm waiting for a
 reply on that one. I'm keen to relicense it asap -as we're not all
 lawyers you probably won't want to comment but if I was to relicense
 it all from the off, would that be it as far as we're concerned? He
 has effectively said that I'm in control now, so it's kind of all up
 to me how I proceed but I wouldn't mind some general advice on the
 implications of relicensing a non-open source project -if there's a
 page on the Internet then I'd be most welcome! I'll also email the  
 fsf
 in the meantime.


 Good to hear, if everything goes to plan i'd suggest hosting the  
 actual
 code for the project on one of the numerous project hosting services
 (launchpad, sourceforge, etc.) and hopefully avoid this type of issue
 for the project in the future.

 -- 
 Andrew Williams
 w: http://tensixtyone.com/
 e: a...@tensixtyone.com

Sure - this is the type of thing I'll be looking into this week  
hopefully.

In terms of licenses, as it is software, would CC licenses still be  
valid?

If this is one of those small matches that turns into a flame war I  
apologise! I don't know how strongly you guys feel about this stuff :-)

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread Harry Rickards
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

James Milligan wrote:
snip
 In terms of licenses, as it is software, would CC licenses still be  
 valid?
 
 If this is one of those small matches that turns into a flame war I  
 apologise! I don't know how strongly you guys feel about this stuff :-)
 
 James
 

See http://wiki.creativecommons.org/Frequently_Asked_Questions.
Basically Creative Commons don't recommend it. There are other's, but
you'd probably want to use the GPL
(http://www.gnu.org/copyleft/gpl.html), LGPL
(http://www.gnu.org/copyleft/lesser.html), BSD
(http://opensource.org/licenses/bsd-license.php) or Apache License
(http://www.apache.org/licenses/).

- --
Thanks
Harry Rickards hricka...@l33tmyst.com

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread John Levin
Harry Rickards wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 James Milligan wrote:
 snip
 In terms of licenses, as it is software, would CC licenses still be  
 valid?

 If this is one of those small matches that turns into a flame war I  
 apologise! I don't know how strongly you guys feel about this stuff :-)

 James

 
 See http://wiki.creativecommons.org/Frequently_Asked_Questions.
 Basically Creative Commons don't recommend it. There are other's, but
 you'd probably want to use the GPL
 (http://www.gnu.org/copyleft/gpl.html), LGPL
 (http://www.gnu.org/copyleft/lesser.html), BSD
 (http://opensource.org/licenses/bsd-license.php) or Apache License
 (http://www.apache.org/licenses/).
 

If it is a web app, (you said it was forum software, IIRC) you might 
want to consider the affero gpl:
http://www.fsf.org/licensing/licenses/agpl-3.0.html
http://en.wikipedia.org/wiki/Affero_General_Public_License

HTH

John

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread Paul Sladen
On Mon, 10 Aug 2009, James Milligan wrote:
 On 10 Aug 2009, at 02:43, Andy Smith a...@strugglers.net wrote:
  provide a written, signed statement that the entire project
 general advice on the implications of relicensing a non-open source

The easiest, simplist is probably to get the following included in the
source code (instead of the original TC).

  Copyright 200x-200y Name of Original Author em...@address
  All source code and documentation is hereby placed in the Public Domain.

Then, as the follow-up devlopers, you have the maximum flexibility.

-Paul
-- 
Why do one side of a triangle when you can do all three.  Somewhere, GB.


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread James Milligan
On 10 Aug 2009, at 13:47, Paul Sladen ubu...@paul.sladen.org wrote:

 On Mon, 10 Aug 2009, James Milligan wrote:
 On 10 Aug 2009, at 02:43, Andy Smith a...@strugglers.net wrote:
 provide a written, signed statement that the entire project
 general advice on the implications of relicensing a non-open source

 The easiest, simplist is probably to get the following included in the
 source code (instead of the original TC).

  Copyright 200x-200y Name of Original Author em...@address
  All source code and documentation is hereby placed in the Public  
 Domain.

 Then, as the follow-up devlopers, you have the maximum flexibility.

-Paul
 -- 
 Why do one side of a triangle when you can do all three.  Somewhere,  
 GB.

Could that perhaps be placed on the website, and the new license / 
only/ be incorporated into the source?

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-10 Thread Paul Sladen
On Mon, 10 Aug 2009, James Milligan wrote:
 Could that perhaps be placed on the website, and the new license / 
 only/ be incorporated into the source?

The first thing you need to do is get a couple of the source code that
doesn't have distribution/modification/use restrictions.

If you get that, you're fine and can plan the package holiday and the new
website.  If you don't get that, the package holiday and website hosting
will have been mostly in vein.

-Paul
-- 
Why do one side of a triangle when you can do all three.  Somewhere, GB.


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-09 Thread James Milligan
Just a quick update for y'all (I've also turned American!)

I've been in touch with the PL, and essentially he's saying that there 
is now no license, nor was there ever one (I still need to confirm this, 
but I'm not too fussed as you'll see in a second)

He is also defiant on one point - he is not going to restart the 
project. The only way he would let the project come back alive, is if 
someone pays him so that they can take over.

Not only is this annoying, it's a bit off if you ask me. He did, fairly, 
develop most of the software - so I see where he is coming from, but 
others have since added to it etc, they wouldn't be getting a share of 
the profits.

I have, however, offered him a small offer (£50)in the meantime to take 
it over - I won't believe it if he refuses, as he's not going to get any 
other offers, nor is it really worth that much. It's more for the 
benefit of the users that I'm paying.

I haven't heard back yet RE my offer, but I'll let you know what happens.

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-09 Thread Andy Smith
Hi James,

On Sun, Aug 09, 2009 at 08:03:14PM +0100, James Milligan wrote:
 Just a quick update for y'all (I've also turned American!)
 
 I've been in touch with the PL, and essentially he's saying that there 
 is now no license, nor was there ever one (I still need to confirm this, 
 but I'm not too fussed as you'll see in a second)

What you've posted previously does look like a license, and if you
received the software under that license then I believe that's what
you can abide by regardless of what he says now.

However..

 He is also defiant on one point - he is not going to restart the 
 project. The only way he would let the project come back alive, is if 
 someone pays him so that they can take over.

...if he doesn't want the project to continue then I can imagine a
few ways he can make your life hard.  Obviously he can claim that
you aren't one of the developers and therefore you can't assume or
grant the extra rights required to modify the software.  He'd have
to prove it of course, but do you really need this hassle?

Think about what happens if he goes quiet and you do a lot of extra
work on this software, to the point where it actually becomes
commercially viable (again?).  What stops him then taking control
back again?  You can't license your new work under any open source
license because it is derivative of something which definitely is
not an open source license.  It could get really messy.

 Not only is this annoying, it's a bit off if you ask me. He did, fairly, 
 develop most of the software - so I see where he is coming from, but 
 others have since added to it etc, they wouldn't be getting a share of 
 the profits.

But none of the people who have contributed to it seem to have ever
discussed the license under which their work was being included, or
whether copyright was being assigned.  So that was a bit naive of
them.

 I have, however, offered him a small offer (£50)in the meantime to take 
 it over - I won't believe it if he refuses, as he's not going to get any 
 other offers, nor is it really worth that much. It's more for the 
 benefit of the users that I'm paying.
 
 I haven't heard back yet RE my offer, but I'll let you know what happens.

Personally if I were going to go this way then I'd need him to
provide a written, signed statement that the entire project is to be
relicensed under some open source license.  Even then you may have
issues with the indeterminate licensing of the things other people
have contributed.

He's probably not going to go for that, but without it I don't see
how you can be confident about future development.

Finally, also bear in mind that this is a publicly archived mailing
list and things posted here by you or others might end up being
mentioned in any dispute.

This is not legal advice etc...

Cheers,
Andy

-- 
http://bitfolk.com/ -- No-nonsense VPS hosting

You dont have to be illiterate to use the Internet, but it help's.
 -- Mike Bristow


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-08 Thread Matthew Wild
Hi,

Agree with your email, until:

On Fri, Aug 7, 2009 at 9:42 PM, Paul Sladenubu...@paul.sladen.org wrote:


 If you *are* one of the developers, you appear to be able to give yourself
 consent under item 1.---and therefore give yourself consent to relicence it
 under something even vagely open.


I'm not actually sure that would be possible. You would actually have
to own the entire copyright to the code to relicense it, or everyone
who has a claim to copyright on the code would have to agree to the
new license. I don't believe the first clause allows you do it. It's a
nightmare.

IANAL either, I'd do as Tim suggested and email the FSF.

Moral of the story: If you ever start an open-source project, use an
existing, proven license. Otherwise it is not open-source at all.

Matthew

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[ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread James Milligan
Off-topic I know, but does anyone have roughly any idea what to do?

An open source project which I contribute to (in small amounts, through 
documentation/support etc), has effectively 'gone' - the lead developer, 
who owns the website, basically makes the software etc - has 
disappeared, and answers no messages via email/facebook etc, doesn't pay 
the website hosting fees (causing the website to show unavailable etc).

Effectively, the guy has just vanished into thin air. The software, 
which is PHP/MySQL forum, is an amazing piece of kit, and I'd hate to 
see it go to waste.

Now, the first thing I knew I had to look at was the licence (don't know 
the type, not one of the standard ones - I think it's just a generic one 
- I'll put it on pastebin though as soon as I get the full copy - dev is 
emailing it over):

License:
1. You agree that you will not amend contents of this forum software, 
repackage it and distribute it to others unless specified elsewhere in 
this agreement or when consent is given by the developers of this software.

I'm assuming that that means that I can't do anything about it?

Is there any way around this, as he has given up with no announcements etc?

Any help would be appreciated!

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Harry Rickards
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

James Milligan wrote:
 Off-topic I know, but does anyone have roughly any idea what to do?
 
 An open source project which I contribute to (in small amounts, through 
 documentation/support etc), has effectively 'gone' - the lead developer, 
 who owns the website, basically makes the software etc - has 
 disappeared, and answers no messages via email/facebook etc, doesn't pay 
 the website hosting fees (causing the website to show unavailable etc).
 
snip
 License:
 1. You agree that you will not amend contents of this forum software, 
 repackage it and distribute it to others unless specified elsewhere in 
 this agreement or when consent is given by the developers of this software.
 
 I'm assuming that that means that I can't do anything about it?
 
 Is there any way around this, as he has given up with no announcements etc?
 
 Any help would be appreciated!
 
 James
 

How much do you contribute to the project? If you contribute code, could
you not classify yourself as a developer of the software, and give
yourself permission to amend the contents, repackage and distribute it?

- --
Thanks
Harry Rickards hricka...@l33tmyst.com

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread James Milligan
Harry Rickards wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1

 James Milligan wrote:
   
 Off-topic I know, but does anyone have roughly any idea what to do?

 An open source project which I contribute to (in small amounts, through 
 documentation/support etc), has effectively 'gone' - the lead developer, 
 who owns the website, basically makes the software etc - has 
 disappeared, and answers no messages via email/facebook etc, doesn't pay 
 the website hosting fees (causing the website to show unavailable etc).

 
 snip
   
 License:
 1. You agree that you will not amend contents of this forum software, 
 repackage it and distribute it to others unless specified elsewhere in 
 this agreement or when consent is given by the developers of this software.

 I'm assuming that that means that I can't do anything about it?

 Is there any way around this, as he has given up with no announcements etc?

 Any help would be appreciated!

 James

 

 How much do you contribute to the project? If you contribute code, could
 you not classify yourself as a developer of the software, and give
 yourself permission to amend the contents, repackage and distribute it?

 - --
 Thanks
 Harry Rickards hricka...@l33tmyst.com

   
Hi Harry,

Not a coder by heart - I can modify really small amounts to change the 
way something works, but I certainly would never class myself as a coder 
of sorts.

Like I said I'm more a front-end man - helping people out with support 
on the forums (or I did), and I was creating the documentation for the 
next version of the software.

Actually, from you pointing out the last few words, I think that might 
be the little hole we could use - the coders are (well I've spoken to 
one who I tracked down on facebook) pretty much behind relaunching the 
software, so I assume it'd be fine if he came back at us and started 
having a go. Mind you, if he did reappear, we'd be more than happy to 
let him back as the lead dev, and go back to how we were.

What do you reckon to the legality of that though? I mean it explicitly 
states 'the developers of the software', which the coders /are/, so 
certainly if there's a majority, it ought to be right?

Thanks for your help.

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Josh Holland
On Fri, Aug 07, 2009 at 08:38:21PM +0100, James Milligan wrote:
 License:
 1. You agree that you will not amend contents of this forum software, 
 repackage it and distribute it to others unless specified elsewhere in 
 this agreement or when consent is given by the developers of this software.

That doesn't sound very open-source. That looks more like a proprietary
licence that is open to the possibility of developers joining from the
community.

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Steve
On Fri, 07 Aug 2009 21:12:24 +0100, James Milligan lak...@lake54.com  
wrote:

 Harry Rickards wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1

 James Milligan wrote:

 Off-topic I know, but does anyone have roughly any idea what to do?

 An open source project which I contribute to (in small amounts, through
 documentation/support etc), has effectively 'gone' - the lead  
 developer,
 who owns the website, basically makes the software etc - has
 disappeared, and answers no messages via email/facebook etc, doesn't  
 pay
 the website hosting fees (causing the website to show unavailable etc).


 snip

 License:
 1. You agree that you will not amend contents of this forum software,
 repackage it and distribute it to others unless specified elsewhere in
 this agreement or when consent is given by the developers of this  
 software.

 I'm assuming that that means that I can't do anything about it?

 Is there any way around this, as he has given up with no announcements  
 etc?

 Any help would be appreciated!

 James



 How much do you contribute to the project? If you contribute code, could
 you not classify yourself as a developer of the software, and give
 yourself permission to amend the contents, repackage and distribute it?

 - --
 Thanks
 Harry Rickards hricka...@l33tmyst.com


 Hi Harry,

Snip

 What do you reckon to the legality of that though? I mean it explicitly
 states 'the developers of the software', which the coders /are/, so
 certainly if there's a majority, it ought to be right?

 Thanks for your help.

 James


I'd argue anybody that contributed is a developer.  Doesn't matter if you  
provide code. Beta testing, documentation etc. are part of the development.

-- 
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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Paul Sladen
On Fri, 7 Aug 2009, James Milligan wrote:
 License:

A bit of Googling suggests to me it's likely something called Novaboard, and
the scrapped from the cache, the licence is:

   Please read the following terms  conditions carefully as they set out
   what you can and can not do with this software unless explicity stated by
   the developers of NovaBoard.

   1. You agree that you will not amend contents of this forum software,
  repackage it and distribute it to others unless specified elsewhere in
  this agreement or when consent is given by the developers of this
  software.

Basically, not open-source;  but it grants the developers infinite freedom.

   2. You understand that you are able to create modifications for this
  software and distribute only the modification code and the
  instructions to install the modification.

Like Pine was for years;  you can distribute it, and the patches to let the
user combine them, but not ship the two combined.

   3. You understand that you are able to create themes and/or custom styles
  for this software, and that you am hereby given permission to use any
  of the original images and styles used in the NovaBoard Default folder
  or default images folder for inclusion in your own themes should you
  wish to use them.

Grammar fail.

   4. You agree that you will not remove the link to the NovaBoard website
  that is included in the footer.

BSD four-clause hell.

   5. You agree that if you use this forum software for illegal activites
  (as defined in the state or country in which you reside, or the state
  or country in which the server that hosts your server
  resides) NovaBoard and/or it's developers will not be held liable for
  any legal action taken.

Definately DFSG non-free as it restricts uses to only legit activities...

If you *are* one of the developers, you appear to be able to give yourself
consent under item 1.---and therefore give yourself consent to relicence it
under something even vagely open.

If you're not one of the developers, then that's another piece of
potentially useful proprietary software that just died.

IANAL,

-Paul
-- 
Why do one side of a triangle when you can do all three.  Somewhere, GB.


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread James Milligan
On 7 Aug 2009, at 21:34, Steve yorvik.ubu...@googlemail.com wrote:

 On Fri, 07 Aug 2009 21:12:24 +0100, James Milligan lak...@lake54.com
 wrote:

 Harry Rickards wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1

 James Milligan wrote:

 Off-topic I know, but does anyone have roughly any idea what to do?

 An open source project which I contribute to (in small amounts,  
 through
 documentation/support etc), has effectively 'gone' - the lead
 developer,
 who owns the website, basically makes the software etc - has
 disappeared, and answers no messages via email/facebook etc,  
 doesn't
 pay
 the website hosting fees (causing the website to show unavailable  
 etc).


 snip

 License:
 1. You agree that you will not amend contents of this forum  
 software,
 repackage it and distribute it to others unless specified  
 elsewhere in
 this agreement or when consent is given by the developers of this
 software.

 I'm assuming that that means that I can't do anything about it?

 Is there any way around this, as he has given up with no  
 announcements
 etc?

 Any help would be appreciated!

 James



 How much do you contribute to the project? If you contribute code,  
 could
 you not classify yourself as a developer of the software, and give
 yourself permission to amend the contents, repackage and  
 distribute it?

 - --
 Thanks
 Harry Rickards hricka...@l33tmyst.com


 Hi Harry,

 Snip

 What do you reckon to the legality of that though? I mean it  
 explicitly
 states 'the developers of the software', which the coders /are/, so
 certainly if there's a majority, it ought to be right?

 Thanks for your help.

 James


 I'd argue anybody that contributed is a developer.  Doesn't matter  
 if you
 provide code. Beta testing, documentation etc. are part of the  
 development.

 -- 
 Steve

Thanks for your reply (and to the other one as well)

Yea actually on heinsight it isn't open source - I originally thought  
it was, but obviously not.

@Harry - so technically I'm a developer? Cool :-) ill talk to the  
other developers and work something out. I'll send a message to the PL  
as well, giving him a week to reply, then we'll start the project  
under a different name.

Thanks for everyone's help, and I'll post a link as soon as the  
website has been set up.

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread James Milligan
On 7 Aug 2009, at 21:42, Paul Sladen ubu...@paul.sladen.org wrote:

 On Fri, 7 Aug 2009, James Milligan wrote:
 License:

 A bit of Googling suggests to me it's likely something called  
 Novaboard, and
 the scrapped from the cache, the licence is:

   Please read the following terms  conditions carefully as they set  
 out
   what you can and can not do with this software unless explicity  
 stated by
   the developers of NovaBoard.

   1. You agree that you will not amend contents of this forum  
 software,
  repackage it and distribute it to others unless specified  
 elsewhere in
  this agreement or when consent is given by the developers of this
  software.

 Basically, not open-source;  but it grants the developers infinite  
 freedom.

   2. You understand that you are able to create modifications for this
  software and distribute only the modification code and the
  instructions to install the modification.

 Like Pine was for years;  you can distribute it, and the patches to  
 let the
 user combine them, but not ship the two combined.

   3. You understand that you are able to create themes and/or custom  
 styles
  for this software, and that you am hereby given permission to  
 use any
  of the original images and styles used in the NovaBoard Default  
 folder
  or default images folder for inclusion in your own themes  
 should you
  wish to use them.

 Grammar fail.

   4. You agree that you will not remove the link to the NovaBoard  
 website
  that is included in the footer.

 BSD four-clause hell.

   5. You agree that if you use this forum software for illegal  
 activites
  (as defined in the state or country in which you reside, or the  
 state
  or country in which the server that hosts your server
  resides) NovaBoard and/or it's developers will not be held  
 liable for
  any legal action taken.

 Definately DFSG non-free as it restricts uses to only legit  
 activities...

 If you *are* one of the developers, you appear to be able to give  
 yourself
 consent under item 1.---and therefore give yourself consent to  
 relicence it
 under something even vagely open.

 If you're not one of the developers, then that's another piece of
 potentially useful proprietary software that just died.

 IANAL,

-Paul
 -- 
 Why do one side of a triangle when you can do all three.  Somewhere,  
 GB.

Very nicely worked out - yes, NovaBoard is the software I'm referring  
to.

So effectively I /can/ relicence it to opensource (or the developers  
etc) and relaunch it?

Sounds good enough to me!

James

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Rob Beard
James Milligan wrote:

snip

 License:
 1. You agree that you will not amend contents of this forum software, 
 repackage it and distribute it to others unless specified elsewhere in 
 this agreement or when consent is given by the developers of this software.

 I'm assuming that that means that I can't do anything about it?

 Is there any way around this, as he has given up with no announcements etc?

 Any help would be appreciated!

 James
   
Certainly doesn't sound like an open source license, especially not a 
Free Software license as you haven't got the freedom to do what you want 
with it.  I'd have said if it was under the GPL you could basically fork 
the existing code and start a new project out of it, but well with this, 
not sure.  Maybe you might be able to get the developers to agree to 
release it under some sort of open source license (there's plenty to 
choose from other than the GPL).

Good luck with it anyway.

Rob


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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread Tim Dobson
James Milligan wrote:
 So effectively I /can/ relicence it to opensource (or the developers  
 etc) and relaunch it?

Email licenc...@fsf.org for a sound opinion.

Always the best thing to do before doing anything that potentially could 
cause headaches. :)

They'll walk you through things from a legal perspective.

Good luck!

Tim

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Re: [ubuntu-uk] [OT] Open Source Project kafuffle...

2009-08-07 Thread James Milligan
On 7 Aug 2009, at 22:51, Tim Dobson li...@tdobson.net wrote:

 James Milligan wrote:
 So effectively I /can/ relicence it to opensource (or the developers
 etc) and relaunch it?

 Email licenc...@fsf.org for a sound opinion.

 Always the best thing to do before doing anything that potentially  
 could
 cause headaches. :)

 They'll walk you through things from a legal perspective.

 Good luck!

 Tim

Ok thanks.

I did a Whois on the domain and I found his email and phone number.  
I've sent an email, and If I don't get a reply soon (say wednesday  
next week) I'll give him a call. Don't want to be intrusive but want  
to keep this software alive!

James

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