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Re: Termination clauses, was: Choice of venue



On Mon, Jul 19, 2004 at 03:28:04PM -0400, Brian Thomas Sniffen wrote:

> >> For example, the QPL's demand for a permissive license for the initial
> >> author is a fee.  The license has value, and I may not make
> >> modifications without granting it.  I incur a cost, loss of control.
> >> The recipient benefits greatly.

> >> The GPL's requirement that I distribute source with any binaries I
> >> distribute is not a fee.  My distribution of source with binaries has
> >> negligible cost to me, so is not a fee.

> > By this reasoning, if the QPL said you were allowed to charge the author
> > for the cost of sending him the source, it would be free because the
> > cost to you is nominally the same as the cost in the GPL.  I don't
> > believe this is true.

> No, because the license to those sources and the act of disclosure are
> themselves of cost to me and benefit to him.

Which is also true when you distribute them with your binaries.

But:

> >> The GPL's requirement that I give a license to any recipient does have 
> >> a cost to me, but I receive no benefit from it, so it is not a fee.

> > Crossed pronouns here?  You *do* receive benefit from it -- you receive
> > the license.  The reason it's not a fee is that it's not paid to the
> > licensor, not because you don't get anything in exchange for it.

> I am *compensated* for it.  That's part of what's needed for a fee.

> It is a crossed pronoun, though: the licensor doesn't receive any
> benefit from it, which is what I meant to say.  Thanks for catching that.

Ok, then we're in agreement.

Because the recipient of the binaries is an arbitrary third party, of
*your* choosing, giving them the sources as well as a requirement of
distribution is not (necessarily) of benefit to either the licensor or
the distributor who gave the source to you.  Therefore, it is not a fee
because it was not given in *exchange* for the license.

-- 
Steve Langasek
postmodern programmer

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