El 11/12/18 a les 9:53, Giacomo Tesio ha escrit:
[...]2. If ExtJs was a Derived Work of a software release under the Hacking License, Sencha would have no right to keep any version proprietary.
Being Sencha the copyright owner (noting for clarity as I cut that from the quote), I am quite skeptical this argument will hold at least under Spanish law and probably under all those jurisdictions where the "Public Domain" concept is not acknowledged because no author rights can be waived. This includes the right to decide how -and if- a work is to be distributed.
However, for that to work requires Sencha being the sole author
(and you pointed he refuses patches for this very reason), but
nothing forbids other contributors to fork and then patch Sencha's
work. Furthermore, these patches will be protected by the GPLv3
and even if publicly available Sencha will be unable to sell them,
forcing him to either reimplement in his own way or not to use
them at all if he wishes to distribute privately.