[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Licesing question regarding a new package named isdn2h323



Branden Robinson schrieb:

>         6. Each time you redistribute

We do not *redistribute* isdn2h323 but we *distribute* it. This
paragraph is only interesting for programs like isdngw, which are
modified versions of isdn2h323.

>         Program subject to these terms and conditions. You may not
>                                                        ^^^^^^^^^^^
>         impose any further restrictions on the recipients' exercise of
>         ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>         the rights granted herein.
>         ^^^^^^^^^^^^^^^^^^^^^^^^^^

Yes, e.g. the author of isdngw is not allowed to change our license.
But we are the owner of the copyright for the complete isdn2h323 code.
That is the reason why we can choose/change a license.

If we decide to distribute each version of isdn2h323 under a new
license, we as owner of the complete copyright can do that. The
authors of modified versions of our code can *not* change the license.

> Put 0 and 6 together and you get non-free, 

Sorry, but this is not true. Please read the complete GPL and our
license. We clarify the GPL in respect of the copyright notice.
We do not forbid users to use/change our code. So I do not see
*one* reason why isdn2h323 should not go to main.

> as well as GPL violation if

We cannot violate the GPL, because we own the copyright and the
GPL itself is only a text document.

> isdn2h323 links with or incorporates any GPLed code not under copyright
> by its author.

We do not use GPLed code.

And if somebody develops a program based on ower code, he has to
use our license (same concept like the GPL). So where is the problem?
isdn2h323 is open source software.

> I'm sorry, but that's demonstrably false.  Anything that says "You have
> the right to X only if Y" can be written as "You do not have permission
> to X if !Y", and that's a restriction.

Ok, please remove all GPL software from main. Yes, the GPL knows
restriction like any other licenses. That is the purpose of a license.

> HTML pages are not part of the interactive experience unless isdn2h323
> is written as a web-based application.
> 
> The syslog() function is not an interative process.  The system log does
> not interact with anyone.  It lies there and collects messages.
> 
> E-mail messages are not an interactive process unless isn2h323 also
> receives e-mail messages, processes them, and replies accordingly.

Could you please show my the paragraph of the Debian policy which
forbits copyright messages in Open Source software? You cannot say
that a program should not be moved to "main", just because it do not
use the GNU GPL.

> I'm confident that the FSF was thinking of an interface like a Unix command
> prompt when they wrote that clause of the GPL; you are, of course, free
> to ask them.

It is not necessary to ask the FSF, because the do not own the
copyright of isdn2h323.

> I think people are willing to stipulate to this; if he's the original
> author, this is probably true, unless he already holds copyright on some
> earlier version or pre-existing parts of the code, in which case the
> work could in fact be a derivative of some other work of the author's.

We own the complete copyright and the used libraries do not forbit to
use a license like our. 

> (However, this isn't really important these days; in the United States,
> your copyrights will live longer than you do, 

Debian is an international and not an US project. And isdn2h323 has
been developed in Germany. So in fact the US copyright laws are not
important.

> Within the bounds of copyright law, that is true.  He does not, however,
> have a right to demand that Debian distribute it. 

If the complete Debian team has got a problem with the license, ok.
But in fact only very few people of the Debian members have got such
problems with programs not licensed under the GNU GPL. Even if you do
not like our program or license: it is free and open source.

> Section 6 of the GNU
> GPL will apply to Debian and if your license makes it impossible for us
> to comply with it, as it does, then we will not distribute your package.

???

> Packages only go into main if they are DFSG-free and do not depend on
> anything that is not DFSG-free.

Great, so you can move it to main :).

> Impossible.  This work is undistributable by anyone but the author
> because it contains terms that nullify the application of the GPL.

Maybe you should inform yourself about copyright laws. 

>         order, agreement or otherwise) that contradict the conditions of
>         this License,

Our clarification does not contradict the GNU GPL.

cu, Marco


-- 
To UNSUBSCRIBE, email to debian-legal-request@lists.debian.org
with a subject of "unsubscribe". Trouble? Contact listmaster@lists.debian.org



Reply to: