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Date:      Tue, 16 May 2000 02:34:26 +0000
From:      Anatoly Vorobey <mellon@pobox.com>
To:        David Schwartz <davids@webmaster.com>
Cc:        chat@freebsd.org
Subject:   Re: RE: Why are people against GNU? WAS Re: 5.0 already?
Message-ID:  <20000516023426.A45211@happy.checkpoint.com>
In-Reply-To: <002301bfbec0$ec53b3d0$021d85d1@youwant.to>; from davids@webmaster.com on Mon, May 15, 2000 at 03:57:19PM -0700
References:  <20000515100959.57288@techunix.technion.ac.il> <002301bfbec0$ec53b3d0$021d85d1@youwant.to>

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On Mon, May 15, 2000 at 03:57:19PM -0700, David Schwartz wrote:
> > I think you didn't understand what I was saying. You don't have to modify
> > the GPL in order to prevent later versions of it from applying to your
> > product. You need to *preface* the GPL with the statement that your
> > product is covered by this specific license that follows and no other
> > versions of it. The text inside GPL which allows a user to apply a later
> > version will only work if you did *not* preface the GPL by such a
> > statement
> > (or if you prefaced it by explicitly saying that later versions
> > will apply).
> 
> 	The GPL is someone's intellectual property. If you wish to use it, you must
> use it according to the terms by which it was licensed to you. 

This is correct. The terms are:

   Everyone is permitted to copy and distribute verbatim copies
   of this license document, but changing it is not allowed.

The GPL is not GPLed (as you appear to mistakingly believe).
The GPL doesn't place restrictions on its use as a part of license 
specification.

If I copy the GPL verbatim, and then make my program carry the license
that said, "You can use and distribute this program according to the
requirements of the GPL, except the 8th section doesn't apply", Stallman
would not be able to do a thing (as long as I distributed the GPL with
the 8th section intact, of course), and if you again try to contradict
this, realize first that the burden of proof is on your shoulders. The
GPL nowhere places any restrictions *on its use* as a text. Of course,
Stallman would then object to calling my program a GPLed program, and
he would be right. In case of my restricting the license to a specific
version of the GPL, I do not believe he would object to calling my
program a GPLed program. In any case, this is irrelevant; what's
relevant is that I *can* use such a license.

> If you don't
> have permission to use the GPL with such modifications, you are not
> permitted to do so.

No GPL modifications are taking place.

> 	I think Stallman would have a major problem with people prefacing the GPL
> with 'modifications', amendments or changes of any kind. He could argue that
> the GPL with such a preface is a 'derived work' of the GPL.

Yes, he could; but since the GPL isn't GPLed, there're no restrictions
on using it in derived works, as long as you copy it verbatim (as required
in the GPL).

> 	If I write a work and place it under the GPL, and it is later modified and
> extended, a new version of the GPL being issued would change the licensing
> terms for the work as a whole. Not even the original author can do that. And
> believe me, Stallman would throw a fit if I prefaced the GPL with:
> 
> 	"This program is free software. You can distribute and/or modify it under
> the terms of the GPL; however, you implicitly agree that any code you
> contribute to it may also be released under any other license that the
> original software is released under."

No, he wouldn't; and if he would, there'd be nothing he could do to stop
you anyway. You can put whatever you want in your license, and you can
place whatever restrictions you want *additional* to the GPL (the author
of gcc-for-dos-forget-whatchamacallit did that). It's your license, do
what you wish. Just don't be surprised if other people won't use it.

-- 
Anatoly Vorobey,
mellon@pobox.com http://pobox.com/~mellon/
"Angels can fly because they take themselves lightly" - G.K.Chesterton


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