Hi Donovan;<br><br>I am not sure this holds. IANAL though.<br><br><div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"><br>So whatever license that the downstream user receives through my
<br>conveyance, it will originate with you. But what license is that? We<br>already had a lengthy discussion about BSDL, the gist of which is that<br>licensing under license A is equivalent to also licensing under license B
<br>if the rights granted by B are a subset of the rights granted by A. Since<br>the rights granted by bare GPL v3 is a subset of the rights granted by GPL<br>v3 + your Additional Permissions, you have already released the program
<br>under bare GPL v3 as well. GPL v3 section 7 explicitly allows me to select<br>this license when conveying downstream.</blockquote><div><br><br>But if that is the case, you have created a new set of permissions for that code. In essence, there is no longer an offer for a specific license between *me* and the downstream recipient. If you are doing this on my behalf, this would seem to be sublicensing and the rights would originate from you.
<br> </div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">BSDL allows you to sublicense any subset of the rights of BSDL downstream.</blockquote>
<div><br>And certain BSDL varients are explicit on this point. Hence they allow one to enter into copyright agreements with others who may not have received the code and offer copyright licenses under conditions of the BSDL (plus possible other restrictions, since those restrictions have to remain). The GPL3 Plus additional permissions does not do this.
<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">GPL v3 allows you to EFFECTIVELY sublicense any subset which contains the<br>entire bare GPL v3. It achieves this not through sublicensing but through
<br></blockquote><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">removal of Additional Permissions, which is not really sublicensing if you<br>
define that both licenses are still "GPL v3".</blockquote><div><br><br>Isn't this false advertising though? I mean, if I grant downstream users rights to use the software a certain way, at most someone can hide my additional permissions. Hence this is advertising that the code is subject to copyright restrictions which it is not subject to. They can't enforce those changes because they aren't a party to the license. They are just advertising restrictions on the code that nobody can enforce. This seems dangerous to me but IANAL.
<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"> The selection of a subset<br>did not entail using a different license, in the sense that it remained
<br>the GPL v3 license.</blockquote><div><br><br>Yes it does. I license is a permissive grant. CHanging what is granted means a different license. Failure to change the name does not mitigate the fact that the license is different.
<br> </div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">That distinction makes a little more sense if you consider the lay<br>description of the GPL: downstream releases of GPL software must remain
<br>under the GPL.</blockquote><div><br><br>But past versions of the GPL did not mandate source licenses for other components, which is what makes this tricky. The presumption was that the corresponding source would be one single work, but this need not be the case. Hence different licenses could apply provided that the code was made available. Furthermore prior versions of the GPL explicitly disclaimed an attempt to claim control over the source code of others.
<br> </div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"> In the face of Additional Permissions and various<br>disclaimers and Additional Legal Notices, one has to wonder how many
<br>"GPLs" there are in the world. It is much easier to understand the GPL if<br>you think of there being only one GPL v3 with various "extras" tacked on,<br>rather than N different licenses.</blockquote>
<div><br><br>Of course the disclaimers, legal notices, etc can all be tacked on in various ways, and they are harder to remove.<br></div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Making this distinction also allows them to be absolutely clear that<br>ARBITRARY sublicensing is not permitted (since it would destroy the<br>copyleft aspects of GPL). Allowing anything called "sublicensing" might
<br>leave the door open just a hair for a judge to interpret it overly<br>broadly.</blockquote><div><br><br>The problem is that sublicense vs license seems to imply specific relationships between the parties. In this case you argue for an effect of a sublicense (which would indicate that the person removed the additional permissions could then enforce such a contract), but wihtout the legal relationship, which makes no sense. IANAL, but this seems very strange. It might be interesting to see more lawyers chime in here. This seems very strongly suspect in my opinion.
<br> </div><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"> Disallowing all sublicensing (and then effectively letting it<br>back in through very limited means) could make it harder for a judge to
<br>make that mistake.</blockquote><div><br><br> It still leaves the following questions:<br>1) Who were the parties in the license (or sublicense)?<br>2) What rights were granted in that license or sublicense? Answer depends entirely on #1 above.
<br>3) Who distributed and advertised the terms of that license? <br>4) Were the advertised terms accurate? Answer depends entirely on #1 above.<br></div></div><br><br>Would you want to put those questions before a judge?
<br><br>Best Wishes,<br>Chris Travers<br>