Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
Kindly tell what point you feel I'm trying to evade. That your SDC licence plainly is proprietary. The SDC Conditions v. 2 breach exactly clause 6 of the OSD (*). If proprietary is the right term to describe (informally) a 9/10 open source license, then OK, the SDC Conditions v. 2 are

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
Sam Barnett-Cormack wrote: Requiring a fee for use is certainly a restriction. It's open source if you charge someone a fee, but they can pass it on without anyone having to pay anyone anything - but if such second-hand recipients have to pay the original licensor money, it's not Open Source - by

Re: Dual licensing

2004-06-08 Thread Rick Moen
Quoting Marius Amado Alves ([EMAIL PROTECTED]): BTW, that's a technicality that I believe can be solved. That is, it is possible to revise the SDC Conditions, or make a new license, that does not breach clause 6, and still implements the SDC philosophy--which is NOT proprietary. We'll be

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
The spirit of Open Source is to allow the downstream distributors to distribute however they like, without restriction. *Any* restriction. Why are the other conditions e.g. the requirement to distribute under the same license (GPL) not considered restrictions? -- license-discuss archive is at

Re: Dual licensing

2004-06-08 Thread Sam Barnett-Cormack
On Tue, 8 Jun 2004, Marius Amado Alves wrote: Sam Barnett-Cormack wrote: Requiring a fee for use is certainly a restriction. It's open source if you charge someone a fee, but they can pass it on without anyone having to pay anyone anything - but if such second-hand recipients have to pay

Re: Dual licensing

2004-06-08 Thread Rick Moen
Quoting Marius Amado Alves ([EMAIL PROTECTED]): The spirit of Open Source is to allow the downstream distributors to distribute however they like, without restriction. *Any* restriction. Why are the other conditions e.g. the requirement to distribute under the same license (GPL) not

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
The intent of OSD (it seems to me) has always been to describe via a few easily-grasped practical guidelines the underlying core concept of open source -- loosely speaking, access to source code with the perpetual right to freely use, redistribute, or fork the codebase (or create derivative works

Re: Dual licensing

2004-06-08 Thread Rick Moen
Quoting Marius Amado Alves ([EMAIL PROTECTED]): I'm only trying to add to that the requirement that a part of any generated revenue is payed to the authors (if they want). Hmm. Remember, the primary conceptual concerns of the OSD are the long-term freedoms of developers and users. OSD #2

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
Requiring royalties for use of the software after lawful aquisition is probably not even possible legally... In that case it is indeed an unsurmountable problem. But in my opinion still merely technical. I don't see it hurting any spirit. On the contrary, to me it's very clear that rewarding the

GPL, derivative works and C++ templates

2004-06-08 Thread nospam+pixelglow . com
Dear All, The OSI and FSF seem to have different ideas about what constitutes a derivative work under GPL and would thus have to be licensed under GPL as well. For example, Lawrence Rosen for OSI says that simply combining something with the work isn't a derivative work

GPL and internal use

2004-06-08 Thread nospam+pixelglow . com
Dear All, There seemed to be a great debate a few years back regarding whether a company could augment GPL software for its own, private use and never release any modified sources. The general consensus from googling around seems to be: yes, GPL does allow that (doesn't bode well for dual

Re: Dual licensing

2004-06-08 Thread John Cowan
Marius Amado Alves scripsit: Why are the other conditions e.g. the requirement to distribute under the same license (GPL) not considered restrictions? In addition to the reasons mentioned by others, there is also the fact that the GPL, BSD, Artistic, and MIT licenses are *prior* to the OSD

Re: Dual licensing

2004-06-08 Thread nospam+pixelglow . com
Marius: You might want to consider a proper dual license rather than your semi-open license. The AFPL which is not an OSI-certified license might fit the bill for the open part: http://www.cs.wisc.edu/~ghost/doc/cvs/Public.htm, since it limits commercial use. On the other hand, downstream sharing

Re: GPL and internal use

2004-06-08 Thread Rodent of Unusual Size
[EMAIL PROTECTED] wrote: Dear All, There seemed to be a great debate a few years back regarding whether a company could augment GPL software for its own, private use and never release any modified sources. The general consensus from googling around seems to be: yes, GPL does allow that

Re: GPL, derivative works and C++ templates

2004-06-08 Thread Alexander Terekhov
[EMAIL PROTECTED] wrote: [...] boost (http://www.boost.org/) or even portions of GNU libstdc++? http://lists.boost.org/MailArchives/boost/msg64361.php http://lists.boost.org/MailArchives/boost/msg64381.php http://lists.boost.org/MailArchives/boost/msg64388.php boost-ly y'rs, regards,

Re: Dual licensing

2004-06-08 Thread Ian Lance Taylor
Marius Amado Alves [EMAIL PROTECTED] writes: I'm only trying to add to that the requirement that a part of any generated revenue is payed to the authors (if they want). This should be completely orthogonal to the open source requirements, and hence unhurtful of them, but I'm having technical

Re: Dual licensing

2004-06-08 Thread Ian Lance Taylor
Marius Amado Alves [EMAIL PROTECTED] writes: You said provided free of charge. The GPL says licensed free of charge. See the difference? Not really, but duh to myself. I should know better. Maybe it will come to me in my sleep. Thanks. (Myself) It didn't come in my sleep.

Re: GPL, derivative works and C++ templates

2004-06-08 Thread John Cowan
[EMAIL PROTECTED] scripsit: The OSI and FSF seem to have different ideas about what constitutes a derivative work under GPL and would thus have to be licensed under GPL as well. For example, Lawrence Rosen for OSI says that simply combining something with the work isn't a derivative work

The OSI as a critic (was: Dual licensing)

2004-06-08 Thread John Cowan
A private correspondent wrote to me, expressing astonishment at the notion that the OSD might be changed simply because one of the major powers (meaning, as I suppose, the GPL) was found not to be conformant with its terms, whereas wannabe compliant licenses are made to conform to the OSD. I like

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
Ian, you've been most helpful, and it's a pity you thing I'm trolling now. My point was: provide, license, seem to equate in practice (in the case of open source). You have not contested this. But it's ok. I'm not trolling, but I'm not making a big issue of it either. Let it be. --

Re: Dual licensing

2004-06-08 Thread Marius Amado Alves
You might want to consider a proper dual license rather than your semi-open license. This is one thing we're considering, yes. The AFPL which is not an OSI-certified license might fit the bill for the open part: http://www.cs.wisc.edu/~ghost/doc/cvs/Public.htm, since it limits commercial use. On

Re: GPL and internal use

2004-06-08 Thread Mahesh T. Pai
[EMAIL PROTECTED] said on Tue, Jun 08, 2004 at 05:57:31AM -0500,: modified sources. The general consensus from googling around seems to be: yes, GPL does allow that Yes, it does. For example, Trolltech seems to take a severe view of distribution in GPL, possibly because their old QPL

Re: GPL, derivative works and C++ templates

2004-06-08 Thread Alex Rousskov
I can only give you a partial non-legal answer/opinion: C++ template definitions are equivalent to libraries as far as derivative work is concerned. Using such template definitions is the same as using a software library. In other words, there is nothing special about C++ template definitions

Re: Creative Commons Attribution

2004-06-08 Thread Evan Prodromou
EP == Evan Prodromou [EMAIL PROTECTED] writes: EP So, the Creative Commons licenses are not OSI-approved: EP http://creativecommons.org/licenses/ EP I think there are two licenses that meet the Open Source EP Definition: the Attribution license: EP

Re: Dual licensing

2004-06-08 Thread Rick Moen
Quoting Ian Lance Taylor ([EMAIL PROTECTED]): At this point I'm starting to doubt the value of this conversation. You seem to be frequently misunderstanding what to me seems like plain English. Is this a language problem? Or are you just trolling? Marius's native language is almost

Re: GPL and internal use

2004-06-08 Thread Rick Moen
Quoting [EMAIL PROTECTED] ([EMAIL PROTECTED]): There seemed to be a great debate a few years back regarding whether a company could augment GPL software for its own, private use and never release any modified sources. The general consensus from googling around seems to be: yes, GPL does allow

RE: For Approval: Educational Community License

2004-06-08 Thread Lawrence Rosen
1. While I think I understand the intent, your HTML version just feels wrong: http://wheeler.kelley.indiana.edu/ecl1.htm; One, despite the disclaimers, it looks like a sleazy attempt to pretend compliance. I know you didn't mean that, but it just looks bad. More to the point, that web

RE: For Approval: Educational Community License

2004-06-08 Thread Wheeler, Bradley C.
Dear Larry, I have changed the site and appended my exchange with Ernst from yesterday which he graciously acknowledged back to me. I'm not sure if it made it to the license-discuss list, but please post on my behalf if it is a closed list. Again, please accept my sincere apologies regarding my

RE: For Approval: Educational Community License

2004-06-08 Thread Wheeler, Bradley C.
Dear Rod, You make a fair point as university trademarks are protected by definition whether someone is trying to appropriate them on baseball caps or in software. This was a key point in reaching agreement among the four university legal offices as they wanted the extra notice explicitly

Re: free Re: Dual licensing

2004-06-08 Thread jcowan
Chris F Clark scripsit: What part of OSD#6 prevents someone for charging to license the software to one group and give the software away for free to another as long as the same open source license is made available to both? I'd say it complies. -- John Cowan www.reutershealth.com

Re: Dual licensing

2004-06-08 Thread Sam Barnett-Cormack
On Tue, 8 Jun 2004, Marius Amado Alves wrote: Ian, you've been most helpful, and it's a pity you thing I'm trolling now. My point was: provide, license, seem to equate in practice (in the case of open source). You have not contested this. But it's ok. I'm not trolling, but I'm not making a

License compatibility: matrix available?

2004-06-08 Thread Marc Laporte
Hello, OSI has a nice clear list of licenses: http://opensource.org/licenses/ How do I know if a license is compatible with an other? For example, I understand that I may use LGPL code in a GPL application. However, I may not use GPL code in a LGPL application. How about the PHP license? Apache?

Re: License compatibility: matrix available?

2004-06-08 Thread Alvin Oga
hi ya marc On Tue, 8 Jun 2004, Marc Laporte wrote: Hello, OSI has a nice clear list of licenses: http://opensource.org/licenses/ How do I know if a license is compatible with an other? For example, I understand that I may use LGPL code in a GPL application. However, I may not use

Re: Dual licensing -- other wrinkles

2004-06-08 Thread No Spam
Dear all, The discussion has been very enlightening. Some other wrinkles I thought of: As the author of a work, I am free to license it as I will, even offering it under 2 or more licenses. Similarly I can require all contributors to allow me to do the same thing. Now: 1. Can I simply write

Re: Dual licensing -- other wrinkles

2004-06-08 Thread Sam Barnett-Cormack
On Tue, 8 Jun 2004, No Spam wrote: 3. Suppose at some later stage, I discover another GPL'ed derivative of my work in the wild. Does the fact that I have dual license mean that if the other author says, I don't want to submit this code back to you under your dual license, I cannot then

Re: Dual licensing -- other wrinkles

2004-06-08 Thread John Cowan
No Spam scripsit: 1. Can I simply write a preamble in my headers saying if you didn't pay for this, it is licensed under GPL; if you did pay for this, you can either choose GPL or (unnamed commercial license)? Sure. 2. I'm not interested in the complexities of collecting sublicensing and

Re: Dual licensing -- other wrinkles

2004-06-08 Thread John Cowan
Sam Barnett-Cormack scripsit: AIUI, no, you cannot, unless you make a seperate version that is *only* GPL and is not offered under any other licenses - unless *all* contributors agree to it. In fact, if you register your version with the Copyright Office and the contributor does not, you can

Re: Dual licensing -- other wrinkles

2004-06-08 Thread Rick Moen
Quoting No Spam ([EMAIL PROTECTED]): 1. Can I simply write a preamble in my headers saying if you didn't pay for this, it is licensed under GPL; if you did pay for this, you can either choose GPL or (unnamed commercial license)? I don't see why not. It's reasonably common to let recipients

Re: Dual licensing -- other wrinkles

2004-06-08 Thread No Spam
John Cowan, et. al.: I want to let people pay to opt out from reciprocity. However having paid to do so, and they receive the software under a permissive license, they can then re-release the software under any sort of license including a permissive license. Then a third party could use the

Re: Dual licensing -- other wrinkles

2004-06-08 Thread Sam Barnett-Cormack
On Tue, 8 Jun 2004, John Cowan wrote: Sam Barnett-Cormack scripsit: AIUI, no, you cannot, unless you make a seperate version that is *only* GPL and is not offered under any other licenses - unless *all* contributors agree to it. In fact, if you register your version with the Copyright