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Date:      Mon, 3 May 1999 02:41:59 +0530 (IST)
From:      Rahul Siddharthan <rsidd@physics.iisc.ernet.in>
To:        Laurence Berland <stuyman@confusion.net>
Cc:        Jeroen Ruigrok/Asmodai <asmodai@wxs.nl>, advocacy@FreeBSD.ORG, Kris Kennaway <kkennawa@physics.adelaide.edu.au>
Subject:   Re: Some thoughts on advocacy (was: Slashdot ftp.cdrom.com upgra
Message-ID:  <Pine.BSF.4.10.9905030221220.7672-100000@theory1.physics.iisc.ernet.in>
In-Reply-To: <372CA62F.B843DCEF@confusion.net>

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I just saw an article on licenses in Daemon News
http://www.daemonnews.org/199905/gpl.html
(which was incidentally linked on linuxtoday so a lot of linux
users will read it.) The writer is of course critical but sounds
like he's trying hard to say a few nice things. However, my
favourite quote is this.

   "But the fact that the GPL can infect code derived from other
   GPL'ed programs, as well as the fact that the output of some
   GPL'ed programs must also be GPL'ed, is unacceptable. In fact, it
   should be contested over its shaky sense of legality in these
   matters. I'm not aware of any court cases involving the GPL so
   far, so we have yet to see what will happen when such an issue
   arises. I can only hope that the courts will decide against the
   GPL's habit of infecting other code."

This is old hat, as is the claim that the GPL "does not respect
intellectual property". Let me make a case that it does respect
intellectual property.

(1) I write some code. This is my work and my intellectual property.
(2) Therefore I am not obliged to let you use it at all.
(3) However, I want people to use it and improve it; I just don't
    want them to hoard it and restrict it.
(4) Therefore I license this source code, my intellectual
    property, under the terms of the GPL. That means you can use
    it and redistribute it but only under the GPL.
(5) If you don't like that, of course you're free not to use the
    code at all.

I really see absolutely nothing wrong with this position. Yes,
you're free to make changes, but it was I who gave you that
freedom, under a specific licence. If I hadn't let you see the
source code, there wouldn't have been any changes to make.
Therefore, if you distribute your add-ons, you must do that under
my terms -- because they are add-ons, not a new and completely
original work. Of course, you don't have to distribute your
changes at all. But once you distribute them under the GPL, that
is your decision, and the licence equally applies to the next

It would be equally wrong to take a BSDL'd work, develop it
further, and then GPL it. Legally it may be ok, but I think it's
ethically wrong, and probably RMS would agree. The original
licence should be respected.

Remember that when the GPL was created, and almost equally today,
the norm is not to allow re-use of source code at all. So a
licence like the GPL which allows you to re-use source code under
certain conditions, was and still is extraordinarily permissive.
To me the extremists (socialists, communists, your choice of
epithet normally thrown at RMS) seem to be not the FSF but the
BSD crowd, who apparently think you should be free to do
absolutely *anything* with someone else's source code except
claim it as your own or sue the author...

Which licence is better for businesses is a question I don't want
to get into.



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