Language question
Mark Rafn
dagon at dagon.net
Thu May 8 22:37:07 UTC 2003
On Thu, 8 May 2003, Abe Kornelis wrote:
> as usual I inserted my comments in between. Please see below.
> btw: an updated version of the license text has just been
> uploaded to: http://www.bixoft.nl/english/license.htm
There are many other problems with this license (among others, it attempts
to restrict use if the license is not accepted), but I'll leave others to
comment on that. I doubt this would be approved by OSI, so the rest of
this e-mail is somewhat academic.
> > > That is, any obligations incurred would remain valid. E.g. the
> > > obligation not to withdraw contributions from the open-source community.
> >
> > Why do you see this as an obligation? You have no obligation to continue
> > publishing your contributions to anyone.
> > On Wed, 7 May 2003, Abe Kornelis wrote:
> **** Well, for one thing, I accept contributions provided that I may use
> them in any version (open-source or other) of the software. In return I
> accept the obligation to make these contributions available under the
> original license as well. If I fail to do the latter I am breaking my
> promise and not fulfilling my obligations.
I presume you're talking about section 12.5 (all your modifications are
belong to us). I don't think this is open-source compatible (there's no
way for someone to fork a version that doesn't give you special rights).
Even so, it's not a matter of obligations. You have no obligation to make
these contributions available. You cannot distribute them if you don't do
so, but that's a conditional right, not an obligation.
> Contributors would *rightly* be angered if their contributions would be
> used for closed-source enhancements, leaving the issue of open-source
> distribution to others.
In fact, your wording means you cannot use them for closed-source
enhancements if you don't distribute the open-source version. You don't
have the right to use-without-opensource-distribution.
This still isn't an obligation you have. It's a right you have only if
you do something else.
> **** Even when, as described above, the obligation relates directly to
> the rights involved. Software with contributions, received under
> obligation of publishing under the original open-source license, should
> be capable of being sold separately from the obligations to the original
> author. I would think this is an issue, or am I chasing a white whale?
It's an issue if you try to sell or give away a right you don't have.
This is different from enforcing an obligation. You don't have the right
to distribute proprietary versions of a contributor's work if you're not
distributing them in open-source too. Since you don't have that right,
your heirs or copyright assignees don't have it either.
> **** That looks like one very good idea. Thus each contribution would be
> owned solely by its original author. I see - definitely - a drawback:
> when a closed-source version is being made then all authors have to give
> their fiat.
Yup, or it shouldn't include their work.
> After a few years it is likely that some of the authors will no longer
> be traceable.
Making their work available ONLY in the open source version.
> Some of them may not care much how their contributions is
> used as long as it remains available under the original license, yet
> others may have all kinds of objections - probably incompatible with
> each other as a bonus.
These authors should make clear in their licenses what their desires are.
> I think I prefer to settle all such matters
> beforehand, rather than after a few years, when it may be impossible to
> disentangle contributions from one or two contributors who would not
> have their stuff appear in a closed version.
This is normal. Require that submissions to you include a copyright
assignment for the submission.
People who make modified versions, but do not submit them to you
(impossible with the current wording, but allowed in open-source licenses)
are not giving you permission to sell their work.
--
Mark Rafn dagon at dagon.net <http://www.dagon.net/>
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