No one expects The Spanish Inquisition! http://www.youtube.com/watch?v=CSe38dzJYkY
On May 12, 2011, at 1:20 PM, Ramsey Gurley wrote: > Drats! That shady Chuck Hill character strikes again (^_~) > > Ramsey > > On May 12, 2011, at 1:14 PM, Dov Rosenberg wrote: > >> We had a code scan done using Protex Black Duck. The only thing that was >> flagged from Project Wonder was they found similar references to Chuck >> Hill's GVCSiteMaker which was released under an Educational Community >> License. It took a bit of explaining to document the relationship between >> GVCSiteMaker and Project Wonder. >> >> We only use ERExtensions and ERJgroupsSynchronizer >> >> Dov >> >> On 5/12/11 12:04 PM, "Ramsey Gurley" <[email protected]> wrote: >> >>> >>> On May 12, 2011, at 10:43 AM, Dov Rosenberg wrote: >>> >>>> The key part of the GPL license that poisons its use for commercial >>>> purposes is the very first clause: >>>> >>>> 0. This License applies to any program or other work which contains >>>> a notice placed by the copyright holder saying it may be distributed >>>> under the terms of this General Public License. The "Program", below, >>>> refers to any such program or work, and a "work based on the Program" >>>> means either the Program or any derivative work under copyright law: >>>> that is to say, a work containing the Program or a portion of it, >>>> either verbatim or with modifications and/or translated into another >>>> language. >>>> >>>> If your program makes use of a piece of GPL code and will not function >>>> without it it is considered a derivative work and must be distributed >>>> under the GPL license. >>> >>> To my knowledge, this is a statement of opinion with no basis in case >>> law. Furthermore, according to IP Law Specialist and OSI general counsel >>> Lawrence Rosen: >>> >>> "The primary indication of whether a new program is a derivative work is >>> whether the source code of the original program was used, modified, >>> translated or otherwise changed in any way to create the new program. If >>> not, then I would argue that it is not a derivative work." >>> >>> http://www.linuxjournal.com/article/6366 >>> >>> That is also how I read section 2 of GPL v2. >>> >>> I haven't gotten a C&D from the GPL police yet, so I can only assume >>> we're fine. In fact, if you think Wonder is in violation of the GPL, I >>> would encourage you to report it immediately: >>> >>> http://www.gnu.org/philosophy/enforcing-gpl.html >>> >>> >>> Ramsey >>> >>>> >>>> We had to remove the MySQL JDBC driver from our software that we used >>>> to ship as a convenience for customers. They can download it themselves >>>> and use it but we can not supply it as part of our commercial product. >>>> >>>> The SAP/Oracle lawsuit was based on the fact that even though you can >>>> download anything for free off Oracle's website to evaluate you are >>>> still bound by the terms of the license agreement that you have to agree >>>> to get the software, regardless if you read and or understand it. >>>> Whether it is distributing a jar that should be paid for, or using a >>>> component in an unlicensed manner either of those things are cause for a >>>> lawsuit. Especially if you are a large company with deep pockets >>>> >>>> Dov >>>> >>>> >>>> >>>> >>>> On 5/12/11 10:28 AM, "Ramsey Gurley" >>>> <[email protected]<mailto:[email protected]>> wrote: >>>> >>>> >>>> On May 12, 2011, at 8:43 AM, Dov Rosenberg wrote: >>>> >>>> Depends if you want to make money from your app or not. In either case >>>> the license that you release your app under can't violate the terms of >>>> any of the components included in your app. If you included GPL licensed >>>> components it would be a violation of the GPL license to charge money >>>> for your app. See the note from the GPL v2 license below >>>> 2. You may modify your copy or copies of the Program or any portion >>>> of it, thus forming a work based on the Program, and copy and >>>> distribute such modifications or work under the terms of Section 1 >>>> above, provided that you also meet all of these conditions: >>>> Š >>>> b) You must cause any work that you distribute or publish, that in >>>> whole or in part contains or is derived from the Program or any >>>> part thereof, to be licensed as a whole at no charge to all third >>>> parties under the terms of this License. >>>> >>>> I'm sorry... am I misreading something? >>>> >>>> http://www.gnu.org/licenses/gpl-2.0.html >>>> >>>> That section is based on the opening statement. I'm not a lawyer, but >>>> I like to believe I have a pretty firm grasp of the english language. As >>>> far as I can tell, 2 b) only applies if you first "modify your copy or >>>> copies of the Program". >>>> >>>> Nowhere does it state that including a GPL'ed binary library in your >>>> app forbids you from selling your own code under any license you see >>>> fit. To further clarify 2 a) b) and c), the license immediately follows >>>> with: >>>> >>>> "These requirements apply to the modified work as a whole. If >>>> identifiable sections of that work are not derived from the Program, and >>>> can be reasonably considered independent and separate works in >>>> themselves, then this License, and its terms, do not apply to those >>>> sections when you distribute them as separate works" >>>> >>>> Regarding the article you linked to, I don't see any mention of OSS or >>>> GPL anywhere. It appears to be an article about piracy of commercial >>>> enterprise software. I certainly didn't see any corroborating >>>> information or case law which would interpret the above statements as: >>>> "it would be a violation of the GPL license to charge money for your app" >>>> >>>> >>>> Ramsey >>>> >>>> >>>> _______________________________________________ >>>> Do not post admin requests to the list. They will be ignored. >>>> Webobjects-dev mailing list >>>> ([email protected]<mailto:[email protected]>) >>>> Help/Unsubscribe/Update your Subscription: >>>> >>>> http://lists.apple.com/mailman/options/webobjects-dev/drosenberg%40inquir >>>> a.com >>>> >>>> This email sent to [email protected]<mailto:[email protected]> >>>> >>> >>> _______________________________________________ >>> Do not post admin requests to the list. They will be ignored. >>> Webobjects-dev mailing list ([email protected]) >>> Help/Unsubscribe/Update your Subscription: >>> http://lists.apple.com/mailman/options/webobjects-dev/drosenberg%40inquira >>> .com >>> >>> This email sent to [email protected] >> > > _______________________________________________ > Do not post admin requests to the list. They will be ignored. > Webobjects-dev mailing list ([email protected]) > Help/Unsubscribe/Update your Subscription: > http://lists.apple.com/mailman/options/webobjects-dev/chill%40global-village.net > > This email sent to [email protected] -- Chuck Hill Senior Consultant / VP Development Come to WOWODC this July for unparalleled WO learning opportunities and real peer to peer problem solving! Network, socialize, and enjoy a great cosmopolitan city. See you there! http://www.wocommunity.org/wowodc11/
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