Re: FRR package in Debian violates the GPL licence
On Sat, 16 Mar 2019, Don Armstrong wrote:
Debian does, in /usr/share/doc/frr/copyright.
That is not one of the files at issue.
My understanding is that those files in themselves are not derivative
works of GPLed source code, but the entire FRR project is. At least,
that's the judgment of the project in
https://github.com/FRRouting/frr/issues/1923
I am going to stick with the legal advice I have received, including
from a solicitor specialising in copyright, over the belief of someone
with no qualifications in this area and no experience other than having
read some stuff on the Internet.
As long as Debian is complying with the GPL, whether the FRR project
is or is not complying is irrelevant according to GPL-2 §4:
The FRR project had no licence under which to lawfully distribute these
files to the Debian project. These files remain unlicensed, even in the
hands of the Debian project, regardless of the good intent (or
otherwise) of the Debian project. The Debian project has no licence to
distribute them under either.
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
"have" - do note the past tense there.
As the FRR project have _never_ complied with the GPL with regard to
these files, there was never and never will be a GPL licence to
distribute them under. Nor to downstreams.
At least, so long as no one resolves this issue to the satisfaction of
the copyright holders whose work has been infringed (and no one has ever
tried with me - though I have approached some large organisations on
this in the past, to no avail).
Quagga project and the FRR fork of the Quagga project;[1] Debian isn't
a party to this dispute,
The Debian project is a party to this dispute, given you are choosing to
distribute the infringing work.
and it's not Debian's job to choose a winner.
That's not my concern.
My concern is that the Debian project abides by what is legally required
by copyright law, certainly with respect to work I hold copyright in.
regards,
--
Paul Jakma | paul@jakma.org | @pjakma | Key ID: 0xD86BF79464A2FF6A
Fortune:
Tuesday After Lunch is the cosmic time of the week.
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