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Re: New license for UW-IMAP



On Tue, Oct 31, 2000 at 05:02:33PM +0100, Henning Makholm wrote:
> Scripsit Branden Robinson <branden@debian.org>
> 
> > > One possible way of looking at this would be to say that allowing some
> > > people to make the software proprietry is discriminating against everyone
> > > who isn't allowed to make the software proprietry (thus failing point 6).
> 
> > Yeah, I can live with that interpretation.
> 
> Would that even keep FSF in the clear? The standard blurp about
> "GPL version 2 or any later version" allows the FSF to suck up
> the improvements people make and release them under a proprietary
> Version 3.

This is only a threat if and when such a Version 3 is published.

Keep in mind that the standard blurb also says "or, at your option, any
later version".  This option is extended to every licensee.  Ordinary end
users, as well as licensees who are also contributors in their own right,
will continue to be able to exercise their option to stick with GPL v2 if
they find GPL v3 unacceptable.  And, since v2 requires no assignment of
copyright (or effective assignment of copyright, which is what UWash is
trying to weasel in the back door), we can easily conclude that no
assignment takes place[1].

Some people who don't entirely trust the FSF don't include this blurb, and
just say "version 2".  Since GPL v2 is DFSG-free, this is not a problem.

No software that I know of claims to be solely under the terms of a
proprietary GPL v3 that, as far as we know, doesn't exist yet.

> Of course, quite strong arguments can be made that it is extremely
> unlikely the FSF would ever do so, but I don't think a rule which
> depends on judging the author's *intent* is the way we should go.

Fortunately, we don't have to, under my analysis above.

[1] Sadly, in the United States, there is a legislative trend towards
binding people to contracts they've never seen or agreed to.  This,
however, is a problem with a much larger penumbra than ordinary copyright
licensing.  The law of the land always trumps a license.  The GPL could be
rendered invalid by an act of Congress tomorrow; that doesn't mean we don't
continue to treat it as effective today.

-- 
G. Branden Robinson             |    A committee is a life form with six or
Debian GNU/Linux                |    more legs and no brain.
branden@debian.org              |    -- Robert Heinlein
http://www.debian.org/~branden/ |

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