On 3/13/2021 8:27 PM, halst...@gmail.com KN6HXP wrote:
Joe,

      That is part of my question.

     I cannot find anywhere on your website, Chapter 22 "License", or the GPL the "requirement not to publish derivatives of our work before we have published the work ourselves in a GA release."

     Chapter 22 says that people may use the copyrighted work if they display that paragraph.

     The GPL itself acknowledges copyright, but explicitly grants a license to anyone to use the code.

"Developers that use the GNU GPL protect your rights with two steps:
(1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it."

     That is part of my confusion, you are asserting a restriction that is not part of the GPL, or listed anywhere on the website that I can find.

     Once the protocol owners gave permission to enact their protocol in code released under the GPL, (I am not a lawyer, this is my understanding) they have lost control of that code *UNLESS* someone violates the GPL license by closing the modified source code, not granting attribution, or not releasing the modified code under the GPL.

     Since the RC code was released under the GPL, they have a license to modify it.

Warren
KN6HXP

We are not lawyers, either, and we don't want to be.

As I explained to you already, the requirement to not use our code until it is published in a GA release is an add-on condition that should not be required among people acting in good faith in a cooperative hobby like amateur radio. Unfortunately, it seems that the additional condition is required.

Our request about fair use is a simple one, and LZ2HV knows it very well. It's no secret. He has been reminded of it politely, privately, and repeatedly. He agrees to it... except when he decides to forget. Which seems to happen every time we develop something new.

A number of other programmers use our software, as well -- and nobody else jumps the gun in this dishonorable way.

        -- Joe, K1JT

On Sat, Mar 13, 2021, 15:51 Joe Taylor <j...@princeton.edu <mailto:j...@princeton.edu>> wrote:

    On 3/13/2021 5:44 PM, halst...@gmail.com <mailto:halst...@gmail.com>
    wrote:
     > *steps carefully*
     >
     > Because the source of the -RC was released under GPL 3, it is my
     > understanding that they *can* use the code.
     >
     > I don't see anything in the GPL license that covers seperate
    rights for
     > alpha, beta, candidate, or final releases of code.
     >
     > Your call to Section 8 of the GPL requires him to obey Section 5.
     >
     > It looks like they have released the derivative code under GPL 3 and
     > told people he used code from you on a particular date, thus
    satisfying
     > the modification requirements of GPL license.
     >
     > He has also complied with chapter 22 of the guide by putting the
     > required paragraph here:
     > http://lz2hv.org/node/10 <http://lz2hv.org/node/10>
    <http://lz2hv.org/node/10 <http://lz2hv.org/node/10>>
     >
     > So, with respect, I am not understanding your message to the group.
     >
     > Warren

    Do you have a callsign?  It's nice to include that on a list like this.

    We're not particularly interested in litigating nuances of wording.
    This is just a hobby, for all of us.  We're just asking for fair play.

    Christo, LZ2HV, understands perfectly well that our license and
    copyright terms (which are separate and independent) include a
    requirement not to publish derivatives of our work before we have
    published the work ourselves in a GA release.  He has flouted that
    fair-play requirement.  Again.

    Most people on this list know I'm a scientist, so I'll use a scientific
    analogy.  Copying or adapting our code (which is still in development)
    and publishing the result is analogous to entering our laboratory when
    its door was left open, copying the laboratory notebooks found there,
    and publishing the results yourself before the authors have even
    finished their experiments.  This is NOT fair play.

             -- Joe, K1JT


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