Re: Dual licensing

2004-06-12 Thread Marius Amado Alves
I'm sorry, Marius, I'm confused. How can be it open source, and yet if used commercially, the authors get a cut? The thing is, we don't see how that hurts the basic tenets of the free software philosophy. That sounds much more like the Aladdin Free Public License... I'll check. Thanks. --

Re: Dual licensing

2004-06-12 Thread Marius Amado Alves
tout court to mean something different, but life has shown repeatedly that the vast majority of speakers won't follow the suggestion. Actually, it's a small minority of speakers who won't follow the suggestion. Their life is made more complicated by their choice... Well, we don't really

Re: Dual licensing

2004-06-12 Thread Marius Amado Alves
I'm sorry, Marius, I'm confused. How can be it open source, and yet if used commercially, the authors get a cut? The thing is, we don't see how that hurts the basic tenets of the free software philosophy. Please read: http://www.gnu.org/philosophy/free-sw.html Note in particular: Thus,

Re: KDE violates IBM patent

2004-06-11 Thread Marius Amado Alves
Isn't there a procedure to request revoking patents? Shouldn't the FOSS community unite to file such requests against stupid patents? Or do the the antipatent provisions of certain FOSS licenses completely take care of this? Thanks. -- license-discuss archive is at

Re: KDE violates IBM patent

2004-06-11 Thread Marius Amado Alves
It seems to me that should be enough prior art to kill this patent. Clearly there is. But is this fact sufficient to protect someone (re)deploying the mechanism? Or must the patent be revoked in some way prior to that? I mean, suppose I deploy the mechanism and IBM puts me in court. Can the

the provide, license verbs (was: Dual licensing)

2004-06-09 Thread Marius Amado Alves
Sam Barnett-Cormack wrote: On Tue, 8 Jun 2004, Marius Amado Alves wrote: ... My point was: provide, license, seem to equate in practice (in the case of open source) ... they mean entirely different things. Let me illustrate. The author gives me a copy of the software... Under no license

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 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 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 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

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: Dual licensing

2004-06-07 Thread Marius Amado Alves
Rod Dixon, J.D., LL.M. wrote: I agree with the point that the creative spark is not communitarian. My point -- if we are to use Eric Raymond's book as an example (see Raymond's busness model 8 Free the Software, Sell the Brand) -- is that dual licensing IS an authentic open source model. This

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
In our case the free evaluation copy is the public NetBSD sources, although we support a range of additional hardware which we have not (yet) contributed back. We don't normally give out evaluation copies, although we would probably do it if a prospective customer required it to complete a sale.

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Ok, since you bit the academic discussion, here it goes. Rod Dixon, J.D., LL.M. wrote: If done appropriately, a comparison between 2 software programs that are similar in most respects - - except one distributed as a proprietary product (without antitrust violations, i.e., legally) and the other

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Your first criticism was that it was not possible to sell open source software because somebody could undercut you. Now your criticism is that what we are selling is not publically available except through us (or our customers if they choose to distribute it). I presume that you see the shifting

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
You started out talking about open source software. There is absolutely nothing in the definition of open source software which requires it to be on an FTP site somewhere for public download. Open source software which is not publically available is still fully open source. I think the open

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Rod Dixon, J.D., LL.M. wrote: Though you protest that you are not against open source, I think your words betray that protestation; certainly, arguing that those who support or develop open source software never sell open source directly, there is always some 'trick' - - is not exactly a

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Why dual licensing should be connected to *closed* source? You find many examples, such as Trolltech or MySQL, proposing such dual-licensing schemes. Not bcause customers WANT closed source, but simply because they also want to make internal develpment or internal use which does not fit the GPL

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Great information about the Yacc++ business, Chris. Yes, I'm sure it helps. But I'll have to digest it carefully. I'll say something eventually. Thanks a lot. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Sorry, but a word was missing in my sentence. you should read: Not because customers WANT closed source, but simply because the same customers also want to make internal development or internal use which does not fit the GPL or other Open Source license. No difference. I read they as the same

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Nice case. Of course this happens only because the GPL is viral. You know, you might want to save the polemics for a crowd that's less experienced in these matters. With the possible exception of Ken Brown, nobody here's likely to be impressed. ;- No troll. I just said that to link to a previous

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Red Hat sells a *closed* configuration. And mainly support (Red Hat Enterprise etc.) Not the open software (Fedora). There is, as far as I can tell, nothing the least bit proprietary in the software contents of any of the RHEL 3.0 variants You're right and I was wrong on this point. I forgot

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
It is clear to me that OSD #6 does not prohibit direct sale of the software. I've never heard anybody seriously claim otherwise. It's another thing. By clause 6, you must either sell to all recipients, or give away to all recipients. I think this makes software sale incompatible with

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Certainly neither the GPL nor the BSD license prohibit sale of the software. Then they should stop saying because this software is provided free of charge... Neither license says that. Duh? NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE... (GPL) -- license-discuss archive is at

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
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. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
Thanks all for having putting up with this blockhead. I think I advanced a bit. I make a fool of myself here and there. I only hope I'm a fool on a hill. My vision is: free the software, but every author gets paid his share when the software generates revenue. I try to juggle the license terms

Re: Dual licensing

2004-06-07 Thread Marius Amado Alves
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. Perhaps someone can explain it to me. If the disclaimer were for

Re: Dual licensing

2004-06-06 Thread Marius Amado Alves
Great reply, Ian, thanks. Why should people give away copies of it? What would they gain by doing that? In fact, they would lose: they would spend money to get software, and then they would give it to their competitors for free. Certainly some altruistic individual might pay for the software and

Re: Dual licensing

2004-06-06 Thread Marius Amado Alves
open source software can be sold successfully through a dual licensing model. For the 1th time, dual-licensing is not selling open source software. You're selling a closed license. You're relying on the market wanting closed. You're exploiting a need for the contrary of open

Re: Dual licensing

2004-06-05 Thread Marius Amado Alves
My employer sells commercial open source software. It fully complies with the OSD--in fact, it is under the BSD license. Do you really sell the software (not support, not buy-out)? How have you been keeping people from giving copies of it away gratis (hence invalidating your business)? --

Re: Dual licensing

2004-06-05 Thread Marius Amado Alves
With BSD and GPL, it is possible to *sell* software. That is not what I asked. How have you been keeping people from giving copies of it away gratis (hence invalidating your business)? Probably they provide support free of cost if the customer buys the software from them. But that is not

Re: Dual licensing

2004-06-05 Thread Marius Amado Alves
You *can* sell free software. Theoretically yes, practically no. `Can you sell free software' is not the same as `how long can you sell free software'. First is an issue of license terms. Second question is one of business policy. So? So, if you properly frame your question, I would have

Re: Dual licensing

2004-06-05 Thread Marius Amado Alves
I know about all open source business models around. But the one at hand is selling the software. And that is not feasible. And you just have to point out one successful case to prove me wrong. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Dual licensing

2004-06-04 Thread Marius Amado Alves
I'm aware of the other replies (and FWIW I agree with them), and I can tell you (the OP) like short, so I'll be really short here, except for point 4, where I'll make a connection to commercial open source. 1. Doesn't the GPL prohibit un-GPL'ing the code? Or does dual licensing rely on having

Re: Dual licensing

2004-06-04 Thread Marius Amado Alves
No, it's fundamentally not open source at all. It may be a fine and useful licence for particular objectives, but please don't call it open source, as it's not that. Altough all discussions about the use of the term open source always end in OSI does not own it, it's alright to use it to mean

Re: Dual licensing

2004-06-04 Thread Marius Amado Alves
Rick Moen (and others) suggest the term open source be used only as defined by OSI. Maybe that would be a good thing, and as I said and pointed out (and Rick wasn't listening) I never say just open source tout court to mean something different, but life has shown repeatedly that the vast

Re: looking for a license

2004-05-10 Thread Marius Amado Alves
Marius Amado Alves wrote: The LGPL fits these requirements. Unfortunately, it doesn't! It *does* fit your stated requirements 1 and 2. However from you answer you must have other requirements in mind. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: looking for a license

2004-05-09 Thread Marius Amado Alves
The LGPL fits these requirements. - Original Message - From: Adrian Sandor [EMAIL PROTECTED] To: [EMAIL PROTECTED] Sent: Saturday, May 08, 2004 7:48 PM Subject: looking for a license Hello, I'm looking for an OSI-approved open-source license to use for a library. There are so many

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

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

Re: mysql

2003-11-22 Thread Marius Amado Alves
Viral, fortifying, both have unwarranted connotations (in opposing directions). What about: black hole? -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: For Approval: HAL, Hermes Attribution License

2003-11-07 Thread Marius Amado Alves
On Fri, 2003-11-07 at 12:58, Staff di Filosofiateoretica.it wrote: ... we want also to grant everyone for the right economical profits whenever an application based on the core of the platform will be used for any not-free use... This breaches clause 6 of the OSD. See also