<br><br><div><span class="gmail_quote">On 8/31/07, <b class="gmail_sendername">Matthew Flaschen</b> <<a href="mailto:matthew.flaschen@gatech.edu">matthew.flaschen@gatech.edu</a>> wrote:</span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br>><br>> Yes, unfortunately, the express wording seems to my mind to be at odds<br>> with any normal contractual relationship....<br><br>Yes, that's what people said about all free software licenses initially,
<br> especially GPLv2. But you're going to be hard-pressed to argue this<br>part of the license is somehow illegal. And I don't care whether it's<br>"normal".</blockquote><div><br><br>However, in the GPLv2, you had a license whose basic contractual relationship was clearly based in established copyright law. Subsequent Supreme Court rulings may have changed the scope of the license, but it is pretty hard to argue that it isn't based in the law.
<br><br>The *only* argument against the GPLv2 I have ever heard which withstands even a single reading of the license is that it attacks the licensing system the copyright act was set up to create and thus is an attack on the balance between access and authors' reward. This neglects the fact however that the purpose of copyright is eventual public access, so it is a pretty weak argument.
<br><br>My argument against the GPLv3 however is basically that it creates what are probably unprecidented procedures in contracts for third parties to affect the form and/or substance of those contracts. In short, the argument is not one of aims as it could be with the GPL2 but rather one of procedures. This is a bigger issue.
<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;">> Sure, and that creates a new contractual relationship governed by the<br>
> GPL3. This would be acceptable to my mind.<br><br>It's not a question of what's acceptable to your mind. It's a question<br>of what's legal, and the license makes that quite clear (without<br>violating any existing laws).
</blockquote><div><br><br>And that is the question.<br><br>"Acceptible to my mind" was probably a poor choice of words. However, the basic issue is that this change in draft two profoundly altered the legal relationship between licensor and licensee to something which arguably can be interfered with by third parties.
<br><br>I wonder if the FSF or the the Software Freedom Law Center would be willing to comment on the legal relationships here...</div></div><br>The only thing I have gotten so far from these groups is that BSDL isn't a problem because it allows for a sublicensing relationship betwen the person who converts the license and the downstream recipient. In other words, removing the additional permissions here is not the same because the distributor functions as a sublicensor. However, I have no idea how to apply this to the GPL3 + additional permissions.
<br><br>Best Wishes,<br>Chris Travers<br>