Re: inquery about "GPL with commercial exception"

2015-09-30 Thread forum : : für : : umläute
On 2015-09-30 04:38, Jeff Epler wrote:
> I was unaware of this detail of the GPLv3 license.
> 
> The first source file that I looked at in linuxsampler's svn trunk,
> src/linuxsampler.cpp, has the "any later version" clause enabled.

a quick check shows that of the 303 sourcefiles ("*.cpp" and "*.h") in
src/, 231 have a license boilerplate that enables the "any later
version" clause.

i haven't found a single source file (yet), that explicitely contains
the non-commercial clause, but another 40 files refer to the "same
license as LinuxSampler" resp. "see README"
(most other files are either trivial or contain only a single
"copyright" line without license grant).

README contains the non-commercial clause.
in fact, README is the *only* file that mentions the restriction in the
entire tarball.

fgmasdr
IOhannes



Re: inquery about "GPL with commercial exception"

2015-09-30 Thread Debian/GNU
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On 2015-09-30 02:18, Ben Finney wrote:
> Yes, that is clearly what the GPL calls an “additional restriction”
> on the recipient's exercise of their freedoms guaranteed by the
> GPL.
> 
> GPLv2 §6:
> 
> Each time you redistribute the Program (or any work based on the 
> Program), the recipient automatically receives a license from the 
> original licensor to copy, distribute or modify the Program
> subject to these terms and conditions. You may not impose any
> further restrictions on the recipients' exercise of the rights
> granted herein. You are not responsible for enforcing compliance by
> third parties to this License.

hmm, frankly i don't see how this is very relevant here.
the original licensor (the linuxsampler devs) grants a license to all
recipients. this license includes the "restriction".
the "YOU" in the license only refers to the recipients who would like
to pass on the software to other recipients. they may not add any
"additional" restriction to the license as given by the original licenso
r.
so if "we" (Debian) don't add further restrictions, that should be fine.

> 
>> The page also says that a mandatory dependency of LinuxSampler,
>> libgig, is licensed under GPL without prohibition.
> 
> If LinuxSampler is deemed (hypothetically in the future by a ruling
> in a copyright suit) to be a derived work of libgig, then
> distribution of LinuxSampler is subject to the GPL on libgig.

indeed. this makes the LinuxSampler undistributable.

i've asked upstream (last night, before you brought this to my
attention), whether they are *actually interested* in having
LinuxSampler distributed by 3rd parties.

> 
> In that case — which I believe is the case here — then
> distributing LinuxSampler with additional restrictions in the
> license terms is a violation of the license they have to distribute
> the work at all.
> 
>> In my opinion: - GPL with additional use prohibition is not
>> DFSG-compatible - GPL with additional use prohibition is not
>> GPL-compatible
> 
> As an interesting point, GPLv3 is even better for this: it has a
> clause (GPLv3 §7) that explicitly grants the recipient the freedom
> to ignore the offending additional restriction, and to strip that
> restriction from the terms when they redistribute the work.
> 
> So one possible way to improve this situation is to correspond with
> the copyright holders in each of the works on which LinuxSampler
> depends, and encourage them to release new versions under
> GPLv3-or-later.

people already asked to release LinuxSampler itself under the GPLv3,
which was declined upstream.


as i understand your proposal, we should try to persuade developers of
LinuxSampler's mandatory libraries to solely license new versions
under GPLv3; as soon as LinuxSampler would then have a mandatory
dependency on that *new* version of the library, we would have
brute-forced their license.
i think this is:
- - unfair
while  I would personally perfer LInuxSampler to be DFSG-compliant,
upstream prefers to keep thir software non-free. which is OK (for
certain values of "OK"); i don't think that forcing them into freedom
will do any good.
now any of their dependencies could just decide today to move on to
GPLv3+, which i think is OK (after all, it's the dependency's authors'
decisision). but specifically asking them to do so, just so we can
brute-force 3rd party licensing issues, doesn't sound especially
appealing.

- - unlikely to have any effect
LinuxSampler could just stick with the original version of their
dependency (e.g. not use any features solely available under GPLv3),
and nothing would be gained at all.
or replace that dependency by something else.
or just drop the entire project ("hooray, another license bastard
eliminated" anyone?)

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r-cran-afex package, violates the GPL?

2015-09-30 Thread Jonathon Love
hi,

i've just packaged and submitted the r-cran-afex package, and it has
been accepted

https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=797819

but now i'm wondering if it doesn't violate the GPL2.

it is released under GPL3+, but it has dependencies which are GPL2

r-cran-afex and its dependencies are R packages, which run under the R
interpreter.
r-cran-afex calls functions provided by its dependencies.

does this constitute a violation of the GPL2?

with thanks

jonathon

-- 

JASP - A Fresh Way to Do Statistics
http://jasp-stats.org/

--

How happy is he born and taught,
That serveth not another's will;
Whose armour is his honest thought,
And simple truth his utmost skill

This man is freed from servile bands
Of hope to rise, or fear to fall:
Lord of himself, though not of lands,
And, having nothing, yet hath all.

  -- Sir Henry Wotton



Re: r-cran-afex package, violates the GPL?

2015-09-30 Thread Ian Jackson
Jonathon Love writes ("r-cran-afex package, violates the GPL?"):
> i've just packaged and submitted the r-cran-afex package, and it has
> been accepted
> 
> https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=797819
> 
> but now i'm wondering if it doesn't violate the GPL2.
> 
> it is released under GPL3+, but it has dependencies which are GPL2

Which dependencies ?  Do you mean `GPL2+' or `GPL2-only' ?

I looked at the copyright file for r-base 3.2.2-1 and there are a
couple of references to the `GNU Library General Public Licence'
without mentioning a version number.  I think someone may have to
check those files, but it seems very unlikely that a copyrightholder
who deliberately used LGPL when LGPL1 was the only version, and simply
failed to use the traditional rubric, will object to an upgrade to
(say) LGPLv2 (which is GPL3-compatible, of course).

Nothing that I saw was GPL2-only.

Ian.



Re: r-cran-afex package, violates the GPL?

2015-09-30 Thread Jonathon Love
hi ian,

On 30/09/2015 2:58 pm, Ian Jackson wrote:
> Jonathon Love writes ("r-cran-afex package, violates the GPL?"):
>> i've just packaged and submitted the r-cran-afex package, and it has
>> been accepted
>>
>> https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=797819
>>
>> but now i'm wondering if it doesn't violate the GPL2.
>>
>> it is released under GPL3+, but it has dependencies which are GPL2
> 
> Which dependencies ?  Do you mean `GPL2+' or `GPL2-only' ?

r-cran-afex has the following GPL2-only dependencies:

 - r-cran-stringr
 - r-cran-coin
 - r-cran-lsmeans

with thanks

jonathon


-- 

JASP - A Fresh Way to Do Statistics
http://jasp-stats.org/

--

How happy is he born and taught,
That serveth not another's will;
Whose armour is his honest thought,
And simple truth his utmost skill

This man is freed from servile bands
Of hope to rise, or fear to fall:
Lord of himself, though not of lands,
And, having nothing, yet hath all.

  -- Sir Henry Wotton