Re: Which license to use for MFC based software?

2004-06-03 Thread Arnoud Engelfriet
Lawrence Rosen wrote: John Cowan wrote: Their licenses can reach out to control what you and your whole family had for dinner on June 1, 1999. At least according to them. That is unreasonable. No court would enforce that. On the other hand, perhaps they can control what I have for

Re: Which license to use for MFC based software?

2004-06-03 Thread Mahesh T. Pai
Lawrence Rosen said on Wed, Jun 02, 2004 at 06:23:54PM -0800,: That is unreasonable. No court would enforce that. Why not? We are dealing with license a particular company applied to software used to _develop_ other software, arn't we? And is not the developer running a business here?

Re: Which license to use for MFC based software?

2004-06-02 Thread Robert Osfield
Does anybody have a link to the Microsoft SDK EULA's in question, I'd like to study the document. Cheers, Robert. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Which license to use for MFC based software?

2004-06-02 Thread Carsten Kuckuk
Robert, I only have the German language versions on my computer. Would that be of any help for you? Carsten Guten Tag Robert Osfield, am Mittwoch, 2. Juni 2004 um 16:27 schrieben Sie: RO Does anybody have a link to the Microsoft SDK EULA's in question, I'd like to RO study the document. RO

Re: Which license to use for MFC based software?

2004-06-02 Thread Rick Moen
Quoting Robert Osfield ([EMAIL PROTECTED]): Does anybody have a link to the Microsoft SDK EULA's in question, I'd like to study the document. The licensing page at which Microsoft initially made the full EULA available disappeared shortly after the story broke (June 2001) -- and you will see

Re: Which license to use for MFC based software?

2004-06-02 Thread Mahesh T. Pai
Carsten Kuckuk said on Wed, Jun 02, 2004 at 05:12:22PM +0200,: Robert, I only have the German language versions on my computer. Would that be of any help for you? am Mittwoch, 2. Juni 2004 um 16:27 schrieben Sie: RO Does anybody have a link to the Microsoft SDK EULA's in g

Re: Which license to use for MFC based software?

2004-06-02 Thread Carsten Kuckuk
Well, I'm in Germany, and on my computer I have a German language version of the EULA. Who holds the copyright on German language version? The translator or the original author? If the translation has been done in the US it's work for hire, and the right are most likely with Microsoft. But all

Re: Which license to use for MFC based software?

2004-06-02 Thread Mahesh T. Pai
Carsten Kuckuk said on Wed, Jun 02, 2004 at 08:46:20PM +0200,: done by a German on German soil, so German copyright laws apply which are different from US laws. And the translator was probably paid by Microsoft Germany GmbH in Munich, not the Seattle one. Enter corporate strategy.

Re: Which license to use for MFC based software?

2004-06-02 Thread Rod Dixon, J.D., LL.M.
[snip] Basic) and I will be releasing it under the GPL. Is dynamically linking my program with the Visual C++ (or Visual Basic) run-time library permitted under the GPL? Forgive me, if I am responding to the wrong question. The thread to this discussion is a little hard to follow. The answer

Re: Which license to use for MFC based software?

2004-06-02 Thread Rick Moen
Quoting Rod Dixon, J.D., LL.M. ([EMAIL PROTECTED]): Forgive me, if I am responding to the wrong question. The thread to this discussion is a little hard to follow. Indeed, and I'll attempt to remedy that, below. The answer is yes, if the question is strictly analyzed as a copyright

Re: Which license to use for MFC based software?

2004-06-02 Thread Stephen C. North
Isn't the INTENT of the GPL to be incompatible with things like the Microsoft EULA? And the INTENT of the Microsoft EULA to be incompatible with the GPL? So this question is really about defeating the purpose of these licenses. I don't see where that's in the spirit of agreeing to them. Why do

Re: Which license to use for MFC based software?

2004-06-02 Thread Rod Dixon, J.D., LL.M.
PROTECTED] Sent: Wednesday, June 02, 2004 7:06 PM Subject: Re: Which license to use for MFC based software? Quoting Rod Dixon, J.D., LL.M. ([EMAIL PROTECTED]): Forgive me, if I am responding to the wrong question. The thread to this discussion is a little hard to follow. Indeed, and I'll attempt

Re: Which license to use for MFC based software?

2004-06-02 Thread Rod Dixon, J.D., LL.M.
- Original Message - From: Stephen C. North [EMAIL PROTECTED] To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Sent: Wednesday, June 02, 2004 8:09 PM Subject: Re: Which license to use for MFC based software? Isn't the INTENT of the GPL to be incompatible with things like the Microsoft EULA

Re: Which license to use for MFC based software?

2004-06-02 Thread Rick Moen
Quoting Rod Dixon, J.D., LL.M. ([EMAIL PROTECTED]): This is probably true. But, the legal basis for the GPL's control over re-distribution or subsequent distribution is that the underlying work is either a derivative of the original or the original itself. What is Microsoft's legal basis? Are

Re: Which license to use for MFC based software?

2004-06-02 Thread John Cowan
Rod Dixon, J.D., LL.M. scripsit: The problem identified sounds less like a legal issue than it does a potential programmer's nightmare. It's both. You see, Microsoft (and all other proprietary software companies I know) absolutely deny that you have any rights in their software of any kind

Re: Which license to use for MFC based software?

2004-06-02 Thread John Cowan
Rod Dixon, J.D., LL.M. scripsit: I suspect that if their licenses reach out to control distribution terms of the copyright protected work developed by the end-user...then...Houston, we have a problem. Their licenses can reach out to control what you and your whole family had for dinner on

RE: Which license to use for MFC based software?

2004-06-02 Thread Lawrence Rosen
John Cowan wrote: Their licenses can reach out to control what you and your whole family had for dinner on June 1, 1999. At least according to them. That is unreasonable. No court would enforce that. On the other hand, perhaps they can control what I have for dinner AFTER I enter into a

Re: Which license to use for MFC based software?

2004-06-02 Thread Stephen C. North
To what extent have the GPL or the Microsoft EULA (in its many versions) been tested in open court? If the parties to a contract decide, at some point, that they are not obliged to honor that contract or disagree about its meaning, legal action is the ultimate resolution, isn't it? And if legal

Re: Which license to use for MFC based software?

2004-06-02 Thread John Cowan
Stephen C. North scripsit: And if legal action isn't possible, then the contract actually has no teeth? A fine question. My father wrote an essay about it called Law without Force, published in a Festschrift for Hans Kelsen (a typical joke of my father's, considering that he was blatantly

Which license to use for MFC based software?

2004-06-01 Thread Carsten Kuckuk
As far as I understand, I can't use the GPL for any open source project I write using Microsoft's MFC. Which alternatives do I have regarding licenses, that come as close as possible to GPLing my own sources? Carsten -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Which license to use for MFC based software?

2004-06-01 Thread Nick Moffitt
begin Carsten Kuckuk quotation: As far as I understand, I can't use the GPL for any open source project I write using Microsoft's MFC. Which alternatives do I have regarding licenses, that come as close as possible to GPLing my own sources? You may grant special exception to the GPL

Re: Which license to use for MFC based software?

2004-06-01 Thread Rick Moen
Quoting Nick Moffitt ([EMAIL PROTECTED]): [...] The GPL allows you to grant permission to do new things, but won't allow you to put new restrictions on users. See GPL section 6. Nick, I believe Carsten is referring to a section in recent Microsoft SDKs' EULAs banning their use in developing

Re: Which license to use for MFC based software?

2004-06-01 Thread Arnoud Engelfriet
Nick Moffitt wrote: begin Carsten Kuckuk quotation: As far as I understand, I can't use the GPL for any open source project I write using Microsoft's MFC. Which alternatives do I have regarding licenses, that come as close as possible to GPLing my own sources? You may grant

Re: Which license to use for MFC based software?

2004-06-01 Thread Carsten Kuckuk
Nick, Thank you for your reply. In the meantime I went to the GPL FAQ page (which I should have done before posting here) and found this paragraph which supports your interpretations: http://www.gnu.org/licenses/gpl-faq.html#WindowsRuntimeAndGPL [..] I'm writing a Windows application with

Re: Which license to use for MFC based software?

2004-06-01 Thread Carsten Kuckuk
Rick, Thank you for drawing my attention to the MS EULAs. They are really vile. The section that you describe was introduced with one of the VS.NET compilers. On my computer at work I have VS 6.0 and VS.NET 2003 installed. The (German version of the) VS.NET 2003 EULA contains the sections you

Re: Which license to use for MFC based software?

2004-06-01 Thread Evan Prodromou
CK == Carsten Kuckuk [EMAIL PROTECTED] writes: CK So from a first superficial look it seems that I can use VS CK 6.0 in order to develop GPLs applications, and that I can CK distribute the source code and the compiled version of the CK application under the GPL as long as the

Re: Which license to use for MFC based software?

2004-06-01 Thread Carsten Kuckuk
Evan, My real problem is, that I'd like to contribute to a GPL'd project. My contribution would be a standalone program that is GUI intensive. During daytime I work as a C++/MFC/database programmer and am very familiar with MS VS as my main tool. So implementing that standalone program using VS