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Re: Is "VIGRA Artistic License" licence free and GPL-compatible ?



@ 26/09/2005 05:28 : wrote Florent Bayle :
Since someone want to package[1] Vigra library[2], I wan't to know if
VIGRA Artistic License[3] is DFSG compatible and if I can use this library in a GPL'ed program.

As far as I can see, this licence is free, but not compatible with GPL, because of :
"4. You may otherwise modify your copy of this Library in any way,
    provided that you insert a prominent notice in each changed file"

But I'm not a lawyer, and it's why I want your point of view.

Thanks.

[1] : http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=251616
[2] : http://kogs-www.informatik.uni-hamburg.de/~koethe/vigra/
[3] : http://kogs-www.informatik.uni-hamburg.de/~koethe/vigra/LICENSE

full text of the license:

> The VIGRA Artistic License
> ==========================
> (modeled after the Perl Artistic License)
>
>
> Preamble
> --------
>
> VIGRA may be copied, such that the author maintains some semblance
> of artistic control over the development of the library, while
> giving the users of the library the right to use and distribute
> VIGRA in a more-or-less customary fashion, plus the right to make
> reasonable modifications.
>
>
> Definitions
> -----------
>
> "Copyright Holder" of the VIGRA library is Ullrich Koethe,
> Cognitive Systems Group, University of Hamburg, Germany.
>
> "Library" refers to the collection of files distributed by the
> Copyright Holder under the name "VIGRA" (including this LICENSE
> file and all accompanying documentation), and derivatives of that
> collection of files created through textual modification.
>
> "Standard Version" refers to the Library if it has not been
> modified, or has been modified in accordance with the wishes of
> the Copyright Holder as specified below.
>
> "You" is you, if you're thinking about using, copying, modifying
> or distributing this Library.
>
> "Freely Available" means that no fee is charged for the item.  It
> also means that recipients of the item may redistribute it under
> the same conditions they received it.
>
> "Reasonable copying fee" is whatever you can justify on the basis
> of media cost, duplication charges, time of people involved, and
> so on. (You will not be required to justify it to the Copyright
> Holder, but only to the computing community at large as a market
> that must bear the fee.)
>
>
> License terms
> -------------
>
> 1. You may make and give away verbatim copies of the Standard
> Version of this Library without restriction, provided that you
> duplicate all of the original copyright notices, this license, and
> associated disclaimers.
>
> 2. The Standard Version of the Library may be distributed as part
> of a collection of software, provided no more than a reasonable
> copying fee is charged for the software collection.
>
> 3. You may apply bug fixes and portability fixes derived from the
> Public Domain or from the Copyright Holder. A Library modified in
> such a way shall still be considered the Standard Version.
>
> 4. You may otherwise modify your copy of this Library in any way,
> provided that you insert a prominent notice in each changed file
> stating how and when you changed that file, and provided that you
> do at least ONE of the following:
>
>     a. place your modifications in the Public Domain or otherwise
>     make them Freely Available, for example by allowing the
>     Copyright Holder to include your modifications in the Standard
>     Version of the Library.

This goes beyond copyleft and is non-free, because it violates
DFSG#3, restricting the distribution of derivative works.

>
>     b. use the modified Library only within your corporation or
>     organization.
>
>     c. make other distribution arrangements with the Copyright
>     Holder.
>
> 5. You may distribute programs which use this Library in object
> code or executable form without restriction.
>
> 6. Any object code generated as a result of using this Library
> does not fall under the copyright of this Library, but belongs to
> whomever generated it, and may be sold commercially.
>
> 7. The name of the Copyright Holder or the Library may not be used
> to endorse or promote products derived from this software without
> specific prior written permission.
>
> 8. THIS LIBRARY IS PROVIDED AS IS AND WITHOUT ANY EXPRESS OR
> IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
> PURPOSE.
>
>    IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY
>    SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
>    KIND OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
>    OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
>    DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN
>    CONNECTION WITH THE USE OR PERFORMANCE OF THIS LIBRARY.
>

IMHO works licensed under this would be free if (and only if) clause
(4.a.) is changed by something less abrangent like "your modifications
and any modified version of the Library must be distributed under the
terms of this license" or somesuch.

And it's not GPL-compatible at all.

--
HTH,
Massa



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