IPL as a burden

Manfred Schmid mschmid at intradat.com
Tue Jan 16 21:18:44 UTC 2001

clause O:

"Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope."

> The GPL does cover running the software.  In clause 0 I
> see, "The act of running the Program is not restricted..."

As a lawyer I would argue that it should read "...by this license...".
Clause 2 c) states "... you MUST cause it [...] to print or display 
announcement including an appropriate copyright .... ". Looks to me like
a (perfectly rational) restriction.

If OSD #7 is not part of GPL, there might be a playground for lawfirms.
All that is legal stuff and we are not judges, so lets leave the topic
out. I do not want to challenge GPL.

> The OSD is a commonly accepted definition of exactly
> that.  Software which is delivered under an OSD
> compatible license comes with a guarantee that there is
> no legal barrier to having a free market for upgrades,
> bug-fixes, training and support.  Whether or not there
> will actually be a viable market in upgrades, bug-fixes,
> training and support will depend on applicable free
> market forces.  But no vendor has the ability to wave
> around a legal document and run potential competition out
> of town.
> *ANY* licensing move that you make to guarantee yourself
> the ability to restrict such competition means that the
> customer no longer can count on that freedom.  Therefore
> any such move should make it impossible to certify you
> as having a license that offers such protection.

We are not restricting competition. Opening the source will increase
competition for us and it is a good and solid principle at the basis of
capitalism :)

Any company may provide upgrades, bug-fixes, training, support or
wahtever they feel reasonable in the context of IPLed software. There is
no such restriction in IPL. If you find one, we will take it out.

If you would choose for example to develop upgrades for IPLed software
and market it under whatever business model, you are free to do so. All
that IPL requires is, that the company running the software sticks to
IPL and has eventually had a look at our price list. You are able to
introduce your upgrades at the heart of any IPLed software since you
have the source and you are legally entitled to do it.

If you are able to provide better upgrades etc. than we are, we have
done a poor job. However it will help the guy running it and thats what
competition is for.

Still my understanding is, that open source does not mean free beer. Do
you agree on this point?


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