On Mon, 2 Aug 2004 09:23:11 +0200 Sven Luther wrote:
> Now, what would be your ground for the original author not respecting
> the QPL of the patch ?
I think that the initial developer does not have to comply with the QPL
of the patch, because he/she already has the rights he/she needs (the
right to integrate the patch in future versions of the Original Software
and the right to distribute them under any other license as long as they
remain available under the QPL too).
> He is allowed to apply its proprietary licence,
> as long as he also adds the patch to the QPLed version, thus allowing
> you the same rigths under the QPL back ?
Let's look at the QPL license under which my hypothetical patch is
distributed.
Who is the "initial developer" in this instance of the QPL license?
Is it me? I don't think so: I'm not the initial developer of the
Software, I'm just a contributor, because I created a derived work of
the Software.
Hence (if it's true that I'm *not* the initial developer, not even for
the QPL applied to the patch), I don't get any special right from
further modifiers that must comply with the QPL: the true initial
developer gets it!
If this is correct, I don't get any special right from the initial
developer, even if he/she must comply with the QPL of the patch...
[...]
> > Again: IMHO this does not satisfy DFSG 3.
>
> The DFSG #3 says :
>
> The license must allow modifications and derived works, and must
> allow them to be distributed under the same terms as the license of
> the original software.
>
> The point at hand is : "to be distributed under the same terms as the
> license of the original software.".
>
> Since nothing is stopping you from releasing your patches under the
> QPL, i don't see what the problem is.
My reasoning is: I modify a QPL'd software and thus create a patch.
I want to distribute the patch under the QPL to the initial developer.
DFSG #3 says that I must be allowed to do this, otherwise the QPL'd
software is not DFSG-free.
But I'm not allowed to, because the QPL forces me to grant additional
permissions to the initial developer.
As a consequence, the QPL'd software is not DFSG-free.
P.S.: no need to Cc me as I'm a debian-legal subscriber...
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