Discussion:
FSFE Newsletter - February 2014
Fabian Keil
2014-02-07 13:58:33 UTC
Permalink
- Matthew Garrett criticised Canonical's contributor agreement[19].
Other copyright assignment tools, such as FSFE's Fiduciary License
Agreement[20] and the GNU Project's copyright assignment, enable
developers to prevent their code from being used in non-free software.
In contrast, Canonical's agreement explicitly states that the company
may distribute people's contributions under non-free licenses. If you
value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free
licenses.
Is this recommendation, the reasoning behind it and the process
that led to it documented somewhere?

The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.

Fabian
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Carsten Agger
2014-02-07 14:17:39 UTC
Permalink
Post by Fabian Keil
- Matthew Garrett criticised Canonical's contributor agreement[19].
Other copyright assignment tools, such as FSFE's Fiduciary License
Agreement[20] and the GNU Project's copyright assignment, enable
developers to prevent their code from being used in non-free software.
In contrast, Canonical's agreement explicitly states that the company
may distribute people's contributions under non-free licenses. If you
value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free
licenses.
Is this recommendation, the reasoning behind it and the process
that led to it documented somewhere?
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
It does not, I think.

Whether you prefer to release your code under a copyleft or more
permissive license while still retaining the copyright yourself is a
completely different matter from when you sign off your copyright
without any guarantee that your code won't be released under a
proprietary license.

As far as I can see it's too completely different situations; it's the
assignment that makes the difference.




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Johannes Zarl
2014-02-07 15:05:11 UTC
Permalink
Post by Carsten Agger
Post by Fabian Keil
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
It does not, I think.
The original blog post[1] by Matthew Garret does not imply this. Yet, the last
Post by Carsten Agger
Post by Fabian Keil
If you value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free licenses.
While I do understand (and share) the Foundation's interest in ensuring
permanent freedom of code, I think this sentence has unfortunate wording. If
the first part of the sentence had been omitted, I would have no problems with
it.

I think the example of Qt (also in the blog post's comments) shows the
subtleties of the whole thing and helps to illustrate the point I'm trying to
make:

- The CLA for the Qt project requires you to allow co-licensing the source
under a proprietary license.
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.

This CLA clearly makes it possible to distribute your code under non-free
licenses. OTOH, the KDE-Qt agreement includes a clause that effectively
prohibits the owner of Qt from making the project more closed.

I think it's totally ok for the FSFE to make a recommendation against
contributing to the Qt project -- after all the foundation is trying to fight
the status quo.

However, implying that anyone contributing to Qt does not value software
freedom seems like a comical statement at best.

Johannes

[1] http://mjg59.dreamwidth.org/29160.html
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Hugo Roy
2014-02-10 12:52:11 UTC
Permalink
Post by Johannes Zarl
Post by Carsten Agger
Post by Fabian Keil
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
It does not, I think.
The original blog post[1] by Matthew Garret does not imply this. Yet, the last
Post by Carsten Agger
Post by Fabian Keil
If you value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free licenses.
No it does not, unless you think that FSFE is here talking about
"agreements" that also include software licenses. But that's
actually wrong because you don't "sign" a software license. So,
really, that sentence does *not* imply that FSFE says people who
use liberal licenses like BSD do not value software freedom.

In case you misread the summary, which I think is good and does
not imply what you think it does, let me re-state this clearly:

FSFE does not say that non-protective licenses are not valuable
for software freedom; nowhere.
Post by Johannes Zarl
I think the example of Qt (also in the blog post's comments) shows the
subtleties of the whole thing and helps to illustrate the point I'm trying to
- The CLA for the Qt project requires you to allow co-licensing the source
under a proprietary license.
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.
You see, the problem with your example is that it's actually
wrong.

In case 2, what is ?the owner of QT?? You say BSD. So what
you really want to say is: the licensee (the person who *receives*
the software under the BSD license) can make the entire QT project
proprietary, because the license is liberal about this.

But that's actually a *totally different* position than if you are
the "owner" of QT, meaning, you are the one in control of who can
do what.

These are two entirely different situations, and as been reported
before: a BSD license and a CLA are two completely different legal
means towards achieving two very different outcomes.

FSFE is criticising the second, not the first; and AFAICS from
Garret's blog quotations, this is also the point of concern there,
not the GPL.
Post by Johannes Zarl
I think it's totally ok for the FSFE to make a recommendation against
contributing to the Qt project -- after all the foundation is trying to fight
the status quo.
However, implying that anyone contributing to Qt does not value software
freedom seems like a comical statement at best.
Depends on what "to QT" means. To QT the free software project or
to QT the company releasing proprietary software?

I think it's fair to assume that contributing to proprietary
software (and *not* to free software) is not valuable to software
freedom.

Any way: judging by the misunderstanding of the complex legal
matter, I suppose an update to the newsletter with a footnote
explaining that FSFE did *not* imply that liberal licenses are not
valuable; so that even people who don't have a clue about the
difference between copyright licensing and assignments cannot
misunderstand.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Johannes Zarl
2014-02-10 19:27:12 UTC
Permalink
Post by Hugo Roy
Post by Johannes Zarl
Post by Carsten Agger
Post by Fabian Keil
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
It does not, I think.
The original blog post[1] by Matthew Garret does not imply this. Yet, the
last>
Post by Carsten Agger
Post by Fabian Keil
If you value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free licenses.
No it does not, unless you think that FSFE is here talking about
"agreements" that also include software licenses.
I think we are talking about CLAs, not software licenses.

Let me make my thoughts more explicit (keeping the Qt example from my mail
from Friday):

Person A wants to contribute to the Qt project, and signs the CLA that allows
Digia to have a dual-licensing with both GPL and their proprietary license.
Therefore the CLA makes it possible to distribute the code under non-free
licenses. Therefore person A can not value software freedom.
Post by Hugo Roy
But that's
actually wrong because you don't "sign" a software license. So,
really, that sentence does *not* imply that FSFE says people who
use liberal licenses like BSD do not value software freedom.
Actually, I agree with you there, but when I first read the Carsten's
sentence, I (mis?)read it as "The recommendation seems to imply that people
who don't object to [allowing] *non-free* software licenses [on their code]
don't value software freedom" or something like that.

I guess I was preoccupied since I already was unhappy with that last sentence
of the summary. I'm sorry I did not read Carsten's sentence properly.
Post by Hugo Roy
In case you misread the summary, which I think is good and does
The summary (minus the last sentence) is good. I still think that last
sentence has unfortunate wording. I hope I made my issues clear with the
"Person A..." example above.

While the wording is, well, unfortunate, I did not want to express a general
problem in the summary or the newsletter. I do enjoy reading it and appreciate
the work that undoubtedly goes into it. The fact that we are disputing *one*
sentence within the last half year or so that I'm on this list shows that the
editors are *very* careful with writing the newsletter.
Post by Hugo Roy
FSFE does not say that non-protective licenses are not valuable
for software freedom; nowhere.
Good. That was also my expression. That's one reason why I wholeheartedly
support the FSFE.
Post by Hugo Roy
Post by Johannes Zarl
I think the example of Qt (also in the blog post's comments) shows the
subtleties of the whole thing and helps to illustrate the point I'm trying
- The CLA for the Qt project requires you to allow co-licensing the source
under a proprietary license.
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.
You see, the problem with your example is that it's actually
wrong.
How so?
Post by Hugo Roy
In case 2, what is ?the owner of QT?? You say BSD.
BSD is not a legal person, and thus cannot own anything. The owner (no quotes)
is currently Digia, and was Nokia before that, and originally Trolltech. Since
the agreement is binding to whoever buys the rights to Qt next, I thought it
makes sense to refer not to Digia, but to the owner.
Post by Hugo Roy
So what
you really want to say is: the licensee (the person who *receives*
the software under the BSD license) can make the entire QT project
proprietary, because the license is liberal about this.
No, I did not say this. (Currently) *Digia* can make the Qt project
proprietary, but would in the process be required to license all code under a
BSD license.

I'm boldly assuming that you did not read the comments regarding the use of a
CLA within the context of the Qt project on the summarised blog entry. I'm
therefore ignoring most of the rest of the mail.
Post by Hugo Roy
Depends on what "to QT" means. To QT the free software project or
to QT the company releasing proprietary software?
Qt is the Qt project. There is no "QT the company".
Post by Hugo Roy
I think it's fair to assume that contributing to proprietary
software (and *not* to free software) is not valuable to software
freedom.
Well, that stands to question here. Qt is arguably both proprietary *and* free
software. Your sentence is certainly true for the general case, but Qt is a
corner case. Does the (additional) contribution to proprietary software
*weaken* the value of the contribution to the free software?

Cheers,
Johannes
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Hugo Roy
2014-02-10 23:05:02 UTC
Permalink
Dear Johannes,

It's not really helpful if you don't try to read replies to your
post and focus on details like how the QT company is named (Diga
or whatever, naming it the QT company is, I believe, enough to
understand for anyone).
Post by Johannes Zarl
Post by Hugo Roy
No it does not, unless you think that FSFE is here talking about
"agreements" that also include software licenses.
I think we are talking about CLAs, not software licenses.
Yes, but other posts were confused about this, hence the need to
restate it again to avoid confusion.
Post by Johannes Zarl
Let me make my thoughts more explicit (keeping the Qt example from my mail
Person A wants to contribute to the Qt project, and signs the CLA that allows
Digia to have a dual-licensing with both GPL and their proprietary license.
Therefore the CLA makes it possible to distribute the code under non-free
licenses. Therefore person A can not value software freedom.
If person A values software freedom, he or she should contribute to
QT, the software project (under the free software license: GPL or
BSD whatever) but should not contribute to a scheme whereby the
contribution would be proprietary software (or put somebody in a
position to make that decision).
Post by Johannes Zarl
the work that undoubtedly goes into it. The fact that we are disputing *one*
sentence within the last half year or so that I'm on this list shows that the
editors are *very* careful with writing the newsletter.
Yes. And in this case, this bit was also given feedback from
FSFE's legal team. However, it's easy to forget that many legal
tools and concepts we deal with are not known to other people.
Believe me, the whole thread starts from there.
Post by Johannes Zarl
Post by Hugo Roy
Post by Johannes Zarl
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.
You see, the problem with your example is that it's actually
wrong.
How so?
I explained it to you in my former email.

To put it bluntly, your sentence is nonsense.

Let me take it bit by bit.

The owner of QT:

As I said earlier, it's not clear what you mean here. If I follow
common understanding, the "owner" would be the copyright holder of
QT software.

? may make the entire QT project proprietary by first
releasing it under a BSD license

This sentence does not make sense. The copyright holder of QT has,
under copyright law, all the right to release QT as proprietary
software. There's no need to license to BSD first, or to anything.


As I wrote, what you really wanted to say is not "owner" but
"licensee", otherwise there's no point in mentioning the BSD
license in your sentence.
Post by Johannes Zarl
Post by Hugo Roy
In case 2, what is ?the owner of QT?? You say BSD.
BSD is not a legal person, and thus cannot own anything. The owner (no quotes)
Of course I meant the BSD license here. What else would I be
talking about?!



As already said: the whole thing looks like a basic
misunderstanding of what the person is in a legal position to do.
The owner and the licensee are in two very different positions.

This is why software copyright licenses are an entirely different
beast than software copyright assignments.
Post by Johannes Zarl
Post by Hugo Roy
I think it's fair to assume that contributing to proprietary
software (and *not* to free software) is not valuable to software
freedom.
Well, that stands to question here. Qt is arguably both proprietary *and* free
software. Your sentence is certainly true for the general case, but Qt is a
corner case. Does the (additional) contribution to proprietary software
*weaken* the value of the contribution to the free software?
My personal opinion here is that a business model built around
making money with proprietary software, and contributing to that
business model, is not really valuable to software freedom indeed.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Hugo Roy
2014-02-10 23:11:14 UTC
Permalink
Post by Hugo Roy
Post by Johannes Zarl
Post by Hugo Roy
I think it's fair to assume that contributing to proprietary
software (and *not* to free software) is not valuable to software
freedom.
Well, that stands to question here. Qt is arguably both proprietary *and* free
software. Your sentence is certainly true for the general case, but Qt is a
corner case. Does the (additional) contribution to proprietary software
*weaken* the value of the contribution to the free software?
My personal opinion here is that a business model built around
making money with proprietary software, and contributing to that
business model, is not really valuable to software freedom indeed.
Just to avoid confusion, I'm speaking generally here. I do not
care about the particular Qt situation and I'm not making any
judgment on that case.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Johannes Zarl
2014-02-11 00:03:27 UTC
Permalink
Dear Hugo,
Post by Hugo Roy
It's not really helpful if you don't try to read replies to your
post and focus on details like how the QT company is named (Diga
or whatever, naming it the QT company is, I believe, enough to
understand for anyone).
I did read your reply to my first email. I also replied to it step-by-step up
to the point where you assumptions as to what I had meant in my first mail and
what I had actually written in my first mail deviated so far as to where there
was no common ground anymore.

I did mention that part about Qt not being a company, but being owned by Digia
because of the previous statement of you citing "BSD" as the "owner" of the Qt
project.
Post by Hugo Roy
Post by Johannes Zarl
Person A wants to contribute to the Qt project, and signs the CLA that
allows Digia to have a dual-licensing with both GPL and their proprietary
license. Therefore the CLA makes it possible to distribute the code under
non-free licenses. Therefore person A can not value software freedom.
If person A values software freedom, he or she should contribute to
QT, the software project (under the free software license: GPL or
BSD whatever) but should not contribute to a scheme whereby the
contribution would be proprietary software (or put somebody in a
position to make that decision).
Ok, then the implication in that last sentence of the summary seems to have
been deliberate in its wording. Thanks for the info.
Post by Hugo Roy
Post by Johannes Zarl
Post by Hugo Roy
Post by Johannes Zarl
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.
You see, the problem with your example is that it's actually
wrong.
How so?
I explained it to you in my former email.
To put it bluntly, your sentence is nonsense.
It is a one-sentence summary of the agreement between KDE and the
owner/Digia/copyright holder/"Qt"/whatever.
It is nonsense if one redefines the meaning of owner and ignores the
references to the blog post comments and has been oblivious to the way KDE and
"Qt" are working together.
Post by Hugo Roy
Let me take it bit by bit.
As I said earlier, it's not clear what you mean here. If I follow
common understanding, the "owner" would be the copyright holder of
QT software.
What other than common understanding should I have followed in communication?
Yes, as I have written before, I do mean Digia, which is the copyright holder.
Post by Hugo Roy
? may make the entire QT project proprietary by first
releasing it under a BSD license
This sentence does not make sense. The copyright holder of QT has,
under copyright law, all the right to release QT as proprietary
software. There's no need to license to BSD first, or to anything.
That's why there has been an additional agreement between the "KDE Free Qt
Foundation" and Trolltech (and later on Nokia, and now Digia) that added this
requirement. I have written that before, but you seem to have skipped it. If
you still don't want to go to the comments section on the linked blog entry,
here's a writeup of that agreement:

http://www.kde.org/community/whatiskde/kdefreeqtfoundation.php
Post by Hugo Roy
As I wrote, what you really wanted to say is not "owner" but
"licensee", otherwise there's no point in mentioning the BSD
license in your sentence.
No, the licensees of the Qt library (and I guess other products under the Qt
label) can only license Qt according to the GPL (or the proprietary license
should they want to do that).
Post by Hugo Roy
The owner and the licensee are in two very different positions.
Well, yes.
Post by Hugo Roy
This is why software copyright licenses are an entirely different
beast than software copyright assignments.
Also, yes.
Post by Hugo Roy
Post by Johannes Zarl
Post by Hugo Roy
I think it's fair to assume that contributing to proprietary
software (and *not* to free software) is not valuable to software
freedom.
Well, that stands to question here. Qt is arguably both proprietary *and*
free software. Your sentence is certainly true for the general case, but
Qt is a corner case. Does the (additional) contribution to proprietary
software *weaken* the value of the contribution to the free software?
My personal opinion here is that a business model built around
making money with proprietary software, and contributing to that
business model, is not really valuable to software freedom indeed.
I can live with that. I'm not yet sure about how I'd answer the question
myself, though.

Johannes


P.S.: I will refrain to posting another reply to this thread. I *do* think
that my mails were not totally incomprehensible or devoid of logic. My lack of
further participation shall not mean that I do not read or value your reply
should you write one.
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Hugo Roy
2014-02-11 09:35:15 UTC
Permalink
Post by Johannes Zarl
I did mention that part about Qt not being a company, but being owned by Digia
because of the previous statement of you citing "BSD" as the "owner" of the Qt
project.
What? Why would "BSD" mean any other thing than the BSD license
here? I already explained in the last email!
Post by Johannes Zarl
Post by Hugo Roy
Post by Johannes Zarl
Post by Hugo Roy
Post by Johannes Zarl
- The owner of Qt may make the entire Qt project proprietary by first
releasing it under a BSD license.
You see, the problem with your example is that it's actually
wrong.
How so?
I explained it to you in my former email.
To put it bluntly, your sentence is nonsense.
It is a one-sentence summary of the agreement between KDE and the
owner/Digia/copyright holder/"Qt"/whatever.
It is nonsense if one redefines the meaning of owner and ignores the
references to the blog post comments and has been oblivious to the way KDE and
"Qt" are working together.
We were speaking in general terms, and suddenly you're talking
about a specific case. I was never commenting on the specific case
and only said "Qt" as an example to try to explain to you why
what you wrote **in general terms** was wrong.

I'm sorry to tell you that what you're writing there does not make
sense to me. I don't know how to explain it in another manner and
I don't understand what you're writing now.

You say "it is nonsense if one redefines the meaning of owner" but
that's actually the **opposite** of what I said. If you take the
common understanding of what "owner" would mean in your sentence,
it would be the copyright holder (and you seem to agree with that
common understanding). But in that case the sentence does not make
sense because the copyright holder can always make something
proprietary, there's no impact from the BSD (LICENSE!) or
whatsoever.

What I'm only trying to do here is to make sure that people in
FSFE lists can understand some of the various implications that
different legal tools have. This is why we criticised some types
of copyright assignments in our newsletter. Because I've seen
myself at FOSDEM this year that it's far from clear to many
developers what copyright licenses, copyright assignments and
things like the FLA are. And I agree it's easy to get lost when
you don't understand them. It took some time to make sure that
people understood broadly what the GPL did exactly (and it's still
far from finished but at least 95% is done and that's enough);
then again it took time to understand software patents and how
they are negative; now have to make sure people understand these
copyright assignments before they can make a conscious decision
about whether they think this is good for software freedom or not.

Oh BTW, since you were talking about KDE, KDE has adopted FSFE's
FLA years ago: http://ev.kde.org/rules/fla.php

Best,
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Myriam Schweingruber
2014-02-11 09:55:33 UTC
Permalink
Hi all,
Post by Johannes Zarl
Dear Hugo,
Post by Hugo Roy
It's not really helpful if you don't try to read replies to your
post and focus on details like how the QT company is named (Diga
or whatever, naming it the QT company is, I believe, enough to
understand for anyone).
I did read your reply to my first email. I also replied to it step-by-step up
to the point where you assumptions as to what I had meant in my first mail and
what I had actually written in my first mail deviated so far as to where there
was no common ground anymore.
I did mention that part about Qt not being a company, but being owned by Digia
because of the previous statement of you citing "BSD" as the "owner" of the Qt
project.
Just to clarify: Qt does not "belong" to Digia, they only have rights
to distribute it under various licenses, e.g. if you want to purchase
Qt you go to Digia, but that doesn't mean they own it. The Qt Project
is licensed under multiple licenses exactly to avoid it being the sole
property of a company.


Regards, Myriam
--
Proud member of the Amarok and KDE Community
Protect your freedom and join the Fellowship of FSFE:
http://www.fsfe.org
Please don't send me proprietary file formats,
use ISO standard ODF instead (ISO/IEC 26300)
Florian Weimer
2014-02-15 17:06:14 UTC
Permalink
Post by Johannes Zarl
Let me make my thoughts more explicit (keeping the Qt example from my mail
Person A wants to contribute to the Qt project, and signs the CLA
that allows Digia to have a dual-licensing with both GPL and their
proprietary license. Therefore the CLA makes it possible to
distribute the code under non-free licenses. Therefore person A can
not value software freedom.
Or the person is not aware what the CLA implies, or disagrees about
the impact of those implications.

This is a complicated topic. I don't understand why the FSFE is
against CLAs, considering that it granted permissions to use FLA code
in proprietary programs (see the previous discussion about the
agreement with Bacula Systems?the published agreement is not even
restricted to Bacula code).
Daniel Pocock
2014-02-15 17:26:08 UTC
Permalink
Post by Florian Weimer
Post by Johannes Zarl
Let me make my thoughts more explicit (keeping the Qt example from my mail
Person A wants to contribute to the Qt project, and signs the CLA
that allows Digia to have a dual-licensing with both GPL and their
proprietary license. Therefore the CLA makes it possible to
distribute the code under non-free licenses. Therefore person A can
not value software freedom.
Or the person is not aware what the CLA implies, or disagrees about
the impact of those implications.
This is a complicated topic. I don't understand why the FSFE is
against CLAs, considering that it granted permissions to use FLA code
in proprietary programs (see the previous discussion about the
agreement with Bacula Systems?the published agreement is not even
restricted to Bacula code).
The worst CLAs are basically like employment agreements - but without a
salary

There is a big difference between assigning copyright (or giving an
unlimited license to sub-license) to a company and giving those rights
to a democratically managed non-profit organisation like FSF(E).

There are always going to be a subset of developers who will never sign
a CLA to a third-party corporation. As a consequence, those projects
with corporate CLAs are always going to be at a disadvantage.
Heiki &quot;Repentinus&quot; Ojasild
2014-02-16 00:24:46 UTC
Permalink
Post by Florian Weimer
This is a complicated topic. I don't understand why the FSFE is
against CLAs, considering that it granted permissions to use FLA code
in proprietary programs (see the previous discussion about the
agreement with Bacula Systems?the published agreement is not even
restricted to Bacula code).
This is indeed a complicated topic. FSFE is not against CLAs in general,
but some (like Canonical's) in particular.

The resolution of the Bacula systems was the least of many evils. We are
not particularly happy about the outcome in this case, but the choices
were not all that great to begin with.

Matija, would you please explain this in greater detail to our Fellows
and other discussants? Thanks.


Cheers,
--
Heiki "Repentinus" Ojasild
FSFE Fellowship Representative
mailto:repentinus at fsfe.org
xmpp:repentinus at jabber.fsfe.org
http://blogs.fsfe.org/repentinus/
Matija Šuklje
2014-03-03 13:30:01 UTC
Permalink
Hullo,

first of all I?m sorry for the late reply. I was battling with a persistent
flu for two weeks now.
Post by Heiki &quot;Repentinus&quot; Ojasild
Post by Florian Weimer
This is a complicated topic. I don't understand why the FSFE is
against CLAs, considering that it granted permissions to use FLA code
in proprietary programs (see the previous discussion about the
agreement with Bacula Systems?the published agreement is not even
restricted to Bacula code).
This is indeed a complicated topic. FSFE is not against CLAs in general,
but some (like Canonical's) in particular.
The issue is bigger with CA [Copyright Assignments], because the contributors
assign *all* their rights to the entity and often retain (actually get
assigned back) very little power over their own work. That is exactly why we
wrote the FLA [Fiduciary License Agreement] ? to create a balance between the
entity/copyright holder and the contributors.

This is clearly stated in FLA?s text itself, but if there is any clarification
needed, *please do let me know* , so we can improve the text in the future
version.

I?ve also given a lightning talk on how FLA works on:

https://conf.kde.org/en/Akademy2013/public/events/75
http://mirrors.fe.up.pt/kde-applicationdata/akademy/2013/videos/Lightning_Talks.webm

Going back to the question of CLA ? as Heiki mentioned, we don?t have an issue
with them in general, as they are usually just about which license your work
will be released under.
Post by Heiki &quot;Repentinus&quot; Ojasild
The resolution of the Bacula systems was the least of many evils. We are
not particularly happy about the outcome in this case, but the choices
were not all that great to begin with.
Exactly. The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all the
contributors also signed a CA to Kern. The FLA does give the contributors
(?beneficiaries? in the FLA text) the right to release their own work under
*any* license, even proprietary. That is a concious decision, so contributors
do not lose any rights when signing the FLA. Since the developers agreed in
the CA with having their work included in a proprietary version, there is
nothing we can do about it. What we did negotiate though is to have all the
fixes and new features from the proprietary version released into the FS
community version in due time.

Bacula was also mentioned in the following FLA talk at FOSDEM, if that is of
help:

https://fosdem.org/2014/schedule/event/fla/

http://video.fosdem.org/2014/H2213/Saturday/Fiduciary_License_Agreement.webm



cheers,
Matija
--
Legal Coordinator & Coordinator Slovenia
Free Software Foundation Europe
www: http://fsfe.org ?? || priv. www: http://matija.suklje.name
e-mail: hook at fsfe.org ?????? || priv. e-mail: matija at suklje.name
xmpp: hook at jabber.fsfe.org ?? || priv. xmpp: matija.suklje at gabbler.org
sip: matija_suklje at ippi.fr || gsm: +386 40 690 890
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Florian Weimer
2014-03-10 10:10:23 UTC
Permalink
Post by Matija Å uklje
Exactly. The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all the
contributors also signed a CA to Kern.
Please point out where in the FSFE/Bacula Systems agreement the
license grant under B(1) is restricted to Bacula code.
Post by Matija Å uklje
The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all
the contributors also signed a CA to Kern.
I expect that most "Beneficiaries" who have signed FLAs with FSFE
would be rather surprised that "Bacula Systems S.A. respectively Kern
Sibbald has the right to use, reproduce, modify, redistribute and make
available software based on [their] contributions and resulting
software 'under other licenses' including under a proprietary license
as the Bacula Enterprise Version, in accordance with Section 3 (2) of
the FLA.".
Heiki &quot;Repentinus&quot; Ojasild
2014-03-10 13:47:56 UTC
Permalink
Post by Florian Weimer
Post by Matija Å uklje
Exactly. The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all the
contributors also signed a CA to Kern.
Please point out where in the FSFE/Bacula Systems agreement the
license grant under B(1) is restricted to Bacula code.
Post by Matija Å uklje
The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all
the contributors also signed a CA to Kern.
I expect that most "Beneficiaries" who have signed FLAs with FSFE
would be rather surprised that "Bacula Systems S.A. respectively Kern
Sibbald has the right to use, reproduce, modify, redistribute and make
available software based on [their] contributions and resulting
software 'under other licenses' including under a proprietary license
as the Bacula Enterprise Version, in accordance with Section 3 (2) of
the FLA.".
Section B 1. cannot be interpreted without regard to the surrounding
clauses. Section A and the preamble of Section B make it clear that the
agreement concerns the Bacula software.
--
Heiki "Repentinus" Ojasild
FSFE Fellowship Representative
mailto:repentinus at fsfe.org
xmpp:repentinus at jabber.fsfe.org
http://blogs.fsfe.org/repentinus/

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Matija Šuklje
2014-03-11 14:53:37 UTC
Permalink
Post by Florian Weimer
Post by Matija Å uklje
The only reason why Bacula is able to pull off the proprietary
version is that parallel to the FLA assigning the right to FSFE, all
the contributors also signed a CA to Kern.
I expect that most "Beneficiaries" who have signed FLAs with FSFE
would be rather surprised that "Bacula Systems S.A. respectively Kern
Sibbald has the right to use, reproduce, modify, redistribute and make
available software based on [their] contributions and resulting
software 'under other licenses' including under a proprietary license
as the Bacula Enterprise Version, in accordance with Section 3 (2) of
the FLA.".
As already stated. He?s able to do that because these people have also signed
a separate Copyright Assignment with which they assigned their copyright to
directly to Kern.

Please do not confuse the FLA that people have signed with FSFE and the CA
that they signed with Kern (that happens to bear the name ?FLA?).

Rest assured we?re working hard on fixing this situation.

If you have any internal information I should be aware of, please do let me
know.


cheers,
Matija
--
Legal Coordinator & Coordinator Slovenia
Free Software Foundation Europe
www: http://fsfe.org ?? || priv. www: http://matija.suklje.name
e-mail: hook at fsfe.org ?????? || priv. e-mail: matija at suklje.name
xmpp: hook at jabber.fsfe.org ?? || priv. xmpp: matija.suklje at gabbler.org
sip: matija_suklje at ippi.fr || gsm: +386 40 690 890
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Hugo Roy
2014-02-16 11:01:14 UTC
Permalink
Post by Florian Weimer
This is a complicated topic. I don't understand why the FSFE is
against CLAs, considering that it granted permissions to use FLA code
in proprietary programs (see the previous discussion about the
agreement with Bacula Systems?the published agreement is not even
restricted to Bacula code).
FSFE never *granted* permissions to use FLA-covered code in
proprietary programs. It simply does not have that power under the
FLA.

The text of the FLA is available to read here
http://fsfe.org/activities/ftf/fla.html

It's not that long, please have a look.

Some background on the Bacula case is available here
https://fsfe.org/activities/ftf/bacula-agreement.en.html

The bit that contradicts directly what you are saying is:

FSFE does not endorse the existence of a non-free version, but
FSFE cannot forbid authors to execute the rights granted by
copyright in their own work, as long as this does not limit
the scope of fiduciary's exclusive license.

The permission to make proprietary software was absolutely not
granted by FSFE, but directly by developers (who hold copyright in
their contributions).
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Florian Weimer
2014-02-18 21:30:08 UTC
Permalink
Post by Hugo Roy
Some background on the Bacula case is available here
https://fsfe.org/activities/ftf/bacula-agreement.en.html
FSFE does not endorse the existence of a non-free version, but
FSFE cannot forbid authors to execute the rights granted by
copyright in their own work, as long as this does not limit
the scope of fiduciary's exclusive license.
The web page has markedly different content from the PDF file. You
need to read the latter and check what software is covered.
Post by Hugo Roy
The permission to make proprietary software was absolutely not
granted by FSFE, but directly by developers (who hold copyright in
their contributions).
The wording in the agreement does not restrict its scope to Bacula
code that had already been licensed to Bacula Systems by its authors.
Hugo Roy
2014-02-18 22:01:38 UTC
Permalink
Post by Florian Weimer
Post by Hugo Roy
FSFE does not endorse the existence of a non-free version, but
FSFE cannot forbid authors to execute the rights granted by
copyright in their own work, as long as this does not limit
the scope of fiduciary's exclusive license.
The web page has markedly different content from the PDF file. You
need to read the latter and check what software is covered.
What is different exactly? Are you implying that the statement
above is not true? Please give arguments and reasonings instead of
simply implying such things.

You wrote earlier that FSFE granted permission for proprietary
software. That is simply untrue and if you believe otherwise, you
did not understand the Bacula agreement, or you did not not
understand what?s in FSFE?s legal power as a fiduciary under the
FLA.
Post by Florian Weimer
Post by Hugo Roy
The permission to make proprietary software was absolutely not
granted by FSFE, but directly by developers (who hold copyright in
their contributions).
The wording in the agreement does not restrict its scope to Bacula
code that had already been licensed to Bacula Systems by its authors.
The agreement aims at resolving a lot of issues because it was a
messy situation involving multiple agreements in several steps
over the years; that does not mean that FSFE endorses proprietary
software. I stand by what I wrote: the permission to make
proprietary software was not granted by FSFE.

Please be more explicit in your response instead of just making
vague accusations that FSFE endorses proprietary software. Thanks.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Hugo Roy
2014-02-07 14:43:27 UTC
Permalink
Post by Fabian Keil
- Matthew Garrett criticised Canonical's contributor agreement[19].
Other copyright assignment tools, such as FSFE's Fiduciary License
Agreement[20] and the GNU Project's copyright assignment, enable
developers to prevent their code from being used in non-free software.
In contrast, Canonical's agreement explicitly states that the company
may distribute people's contributions under non-free licenses. If you
value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free
licenses.
Is this recommendation, the reasoning behind it and the process
that led to it documented somewhere?
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
Hi Fabian,

First, there's no such thing as a ?viral? free software license.
This term does not mean anything legally, nor technically. It is
simply Microsoft-propaganda from the 1990s. If you are looking for
a more accurate term, simply state copyleft licenses, or if you
don't like the term for its need to be defined you can use
?hereditary? licenses, this is more accurate to what copyleft
licenses actually do. You can also use the liberal/protective
dichotomy which IMHO is quite accurate too.

Second, this is not about whether people prefer BSD/MIT-style
licenses or (A/L)GPL-style. This is about assigning your copyright
to an entity in a way that makes it possible for that entity to
decide on their own if they want to release as proprietary
software or not something that include your contribution. It may
very well be possible that the whole is never released as Free
Software at all, whether under a liberal license or under a
protective license.

Third, to answer your question, this was discussed many times
within FSFE, especially in the process that led to the FLA
http://fsfe.org/activities/ftf/fla.html years ago.

As far as this bit in the newsletter goes, it was discussed
including in FSFE's legal team.

In this area, the goal of FSFE is clear: management of copyright
should always be done with Free Software in mind (whether BSD or
GPL, it does not matter).
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Fabian Keil
2014-02-09 15:04:20 UTC
Permalink
Post by Hugo Roy
Post by Fabian Keil
- Matthew Garrett criticised Canonical's contributor agreement[19].
Other copyright assignment tools, such as FSFE's Fiduciary License
Agreement[20] and the GNU Project's copyright assignment, enable
developers to prevent their code from being used in non-free software.
In contrast, Canonical's agreement explicitly states that the company
may distribute people's contributions under non-free licenses. If you
value software freedom, FSFE recommends you not to sign agreements
which make it possible to distribute your code under non-free
licenses.
Is this recommendation, the reasoning behind it and the process
that led to it documented somewhere?
The recommendation seems to imply that people who prefer or don't
object to non-viral free software licenses don't value software
freedom.
First, there's no such thing as a ?viral? free software license.
You may not like the term, but this doesn't mean that it doesn't
exist: http://en.wikipedia.org/wiki/Viral_license
Post by Hugo Roy
Second, this is not about whether people prefer BSD/MIT-style
licenses or (A/L)GPL-style. This is about assigning your copyright
to an entity in a way that makes it possible for that entity to
decide on their own if they want to release as proprietary
software or not something that include your contribution.
This doesn't require copyright assignment, though. The same can
and does happen with what you refer to as liberal licenses.

Assumingly a lot of free-software-valueing people are fine with
this or they would have chosen different licenses.
Post by Hugo Roy
It may
very well be possible that the whole is never released as Free
Software at all, whether under a liberal license or under a
protective license.
Again, this doesn't require copyright assignment.

Even Matthew Garret only seems to be concerned about copyleft
licenses (and how Canonical defends the CLA):

| ... Canonical ship software under the GPLv3 family of licenses
| (GPL, AGPL and LGPL) but require that contributors sign an agreement
| that permits Canonical to relicense their contributions under a
| proprietary license. This is a fundamentally different situation
| to almost all widely accepted CLAs, and it's disingenuous for
| Canonical to defend their CLA by pointing out the broad community
| uptake of, for instance, the Apache CLA.
http://mjg59.dreamwidth.org/29160.html
Post by Hugo Roy
Third, to answer your question, this was discussed many times
within FSFE, especially in the process that led to the FLA
http://fsfe.org/activities/ftf/fla.html years ago.
As far as this bit in the newsletter goes, it was discussed
including in FSFE's legal team.
Is the discussion documented somewhere?

Fabian
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Hugo Roy
2014-02-09 18:23:24 UTC
Permalink
Post by Fabian Keil
Post by Hugo Roy
First, there's no such thing as a ?viral? free software license.
You may not like the term, but this doesn't mean that it doesn't
exist: http://en.wikipedia.org/wiki/Viral_license
It's not that I don't like the term. It's a term that is not
accurate, but it's misguided, ill-informed and backed by FUD from
Microsoft.

And you are right only on this: not liking the term does not mean
it does not exist. But it's true the other way around: not liking
it does not mean such a thing as a viral license exists either.

Now, have a look at the wikipedia article: it's of poor quality,
it says: ?This article relies on references to primary sources.
Please add references to secondary or tertiary sources. (December
2011)? has a couple of "citation needed" and has a prominent
section ?Criticism of the term? taking almost 1/3 of the whole
article. You cannot miss the fact that most references in this
article are about Microsoft statement from early 2000s.

So you are actually making my point stronger:

Do not use this term, because you are not making yourself a favour
by using this term, you are only discrediting what you are saying.
Post by Fabian Keil
Post by Hugo Roy
Second, this is not about whether people prefer BSD/MIT-style
licenses or (A/L)GPL-style. This is about assigning your copyright
to an entity in a way that makes it possible for that entity to
decide on their own if they want to release as proprietary
software or not something that include your contribution.
This doesn't require copyright assignment, though. The same can
and does happen with what you refer to as liberal licenses.
Yes, and so? I don't understand your point. What we are talking
about here is *copyright assignment*, nothing else.
Post by Fabian Keil
Post by Hugo Roy
It may
very well be possible that the whole is never released as Free
Software at all, whether under a liberal license or under a
protective license.
Again, this doesn't require copyright assignment.
And so, what's your point?

Copyright assignments are done for other reasons. You are the one
who were confused about this in your former email, I'm only making
it clear that what we wrote in the newsletter has nothing to do
with BSD licenses. It's an entirely different subject, which
according to your first email was something you did not understand
fully.

With a copyright assignment, the assigned entity owns the rights
itself, it's an entirely different position than merely being a
licensee.
Post by Fabian Keil
Even Matthew Garret only seems to be concerned about copyleft
| ... Canonical ship software under the GPLv3 family of licenses
| (GPL, AGPL and LGPL) but require that contributors sign an agreement
| that permits Canonical to relicense their contributions under a
| proprietary license. This is a fundamentally different situation
| to almost all widely accepted CLAs, and it's disingenuous for
| Canonical to defend their CLA by pointing out the broad community
| uptake of, for instance, the Apache CLA.
http://mjg59.dreamwidth.org/29160.html
From the paragraph you're quoting, I can only state that you seem
to have a complete misunderstanding about the subject.

You're saying that the above paragraph means that Garret is
concerned about copyleft; whereas if you read the statement by
Garret you will see that there's a sentence about copyleft, and
then there's "*but*" about CLAs. The criticism is *not about
copyleft*, it's about Canonical's CLA (copyright assignment).
Post by Fabian Keil
Post by Hugo Roy
Third, to answer your question, this was discussed many times
within FSFE, especially in the process that led to the FLA
http://fsfe.org/activities/ftf/fla.html years ago.
As far as this bit in the newsletter goes, it was discussed
including in FSFE's legal team.
Is the discussion documented somewhere?
What do you mean ?documented?? FSFE's position regarding
proprietary software is well documented on fsfe.org and elsewhere.
We don't have to document every single discussion that leads to
the publication of 1 single paragraph anywhere. I have explained
to you the historic background, which team? is in charge, and I
have tried to explain to you some legal differences between a
copyright assignment and a copyright license. I don't see what I
can do further here.

Best,
Hugo

1. The team in charge of legal issues in FSFE is mostly the legal
team formerly known as the Freedom Task Force. We're a team of
lawyers and experts in Free Software, some of us for longer than
FSFE even exists.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Hugo Roy
2014-02-09 18:40:23 UTC
Permalink
Post by Hugo Roy
And you are right only on this: not liking the term does not mean
it does not exist. But it's true the other way around: not liking
it does not mean such a thing as a viral license exists either.
Obviously, I meant here that liking at term does not mean
something exists either.

I like the term arfologic-unicorn.
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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Fabian Keil
2014-02-19 10:03:56 UTC
Permalink
Post by Hugo Roy
Post by Fabian Keil
Post by Hugo Roy
First, there's no such thing as a ?viral? free software license.
You may not like the term, but this doesn't mean that it doesn't
exist: http://en.wikipedia.org/wiki/Viral_license
It's not that I don't like the term. It's a term that is not
accurate, but it's misguided, ill-informed and backed by FUD from
Microsoft.
And you are right only on this: not liking the term does not mean
it does not exist. But it's true the other way around: not liking
it does not mean such a thing as a viral license exists either.
Now, have a look at the wikipedia article: it's of poor quality,
it says: ?This article relies on references to primary sources.
Please add references to secondary or tertiary sources. (December
2011)? has a couple of "citation needed" and has a prominent
section ?Criticism of the term? taking almost 1/3 of the whole
article. You cannot miss the fact that most references in this
article are about Microsoft statement from early 2000s.
Do not use this term, because you are not making yourself a favour
by using this term, you are only discrediting what you are saying.
I understand your point of view, but I don't share it.
Post by Hugo Roy
Post by Fabian Keil
Post by Hugo Roy
Second, this is not about whether people prefer BSD/MIT-style
licenses or (A/L)GPL-style. This is about assigning your copyright
to an entity in a way that makes it possible for that entity to
decide on their own if they want to release as proprietary
software or not something that include your contribution.
This doesn't require copyright assignment, though. The same can
and does happen with what you refer to as liberal licenses.
Yes, and so? I don't understand your point. What we are talking
about here is *copyright assignment*, nothing else.
Post by Fabian Keil
Post by Hugo Roy
It may
very well be possible that the whole is never released as Free
Software at all, whether under a liberal license or under a
protective license.
Again, this doesn't require copyright assignment.
And so, what's your point?
My point is that in case of permissive licenses the licensee is
already free to reuse the software as part of a proprietary product
and thus doesn't need copyright assignment.
Post by Hugo Roy
Copyright assignments are done for other reasons. You are the one
who were confused about this in your former email,
I actually understand and understood the differences between
copyright assignments and licenses.
Post by Hugo Roy
Post by Fabian Keil
Even Matthew Garret only seems to be concerned about copyleft
| ... Canonical ship software under the GPLv3 family of licenses
| (GPL, AGPL and LGPL) but require that contributors sign an agreement
| that permits Canonical to relicense their contributions under a
| proprietary license. This is a fundamentally different situation
| to almost all widely accepted CLAs, and it's disingenuous for
| Canonical to defend their CLA by pointing out the broad community
| uptake of, for instance, the Apache CLA.
http://mjg59.dreamwidth.org/29160.html
From the paragraph you're quoting, I can only state that you seem
to have a complete misunderstanding about the subject.
You're saying that the above paragraph means that Garret is
concerned about copyleft; whereas if you read the statement by
Garret you will see that there's a sentence about copyleft, and
then there's "*but*" about CLAs. The criticism is *not about
copyleft*, it's about Canonical's CLA (copyright assignment).
I agree that Garret is not criticising copyleft licenses.

He states that the CLA allows Canonical to use code in
proprietary products and that this is a problem for software
under copyleft licences (as they don't allow this already).

He does not state that this is a problem for free software
in general (as liberal licenses already allow the reuse
in proprietary products anyway).

Alas, the newsletter said:

| If you value software freedom, FSFE recommends you not to sign
| agreements which make it possible to distribute your code under
| non-free licenses.

It did not say:

| If you feel strongly about your copyleft code not being used in
| proprietary products, FSFE recommends that you do not sign
| agreements that make it possible to distribute your code under
| non-free licenses.

The latter makes sense to me (even if it's somewhat obvious),
while the former seems to imply that there's a conflict between
valueing software freedom and allowing the reuse of code in
proprietary products.

Fabian
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Nikos Roussos
2014-02-19 10:32:41 UTC
Permalink
Post by Fabian Keil
Post by Hugo Roy
Post by Fabian Keil
Post by Hugo Roy
Second, this is not about whether people prefer BSD/MIT-style
licenses or (A/L)GPL-style. This is about assigning your copyright
to an entity in a way that makes it possible for that entity to
decide on their own if they want to release as proprietary
software or not something that include your contribution.
This doesn't require copyright assignment, though. The same can
and does happen with what you refer to as liberal licenses.
Yes, and so? I don't understand your point. What we are talking
about here is *copyright assignment*, nothing else.
Post by Fabian Keil
Post by Hugo Roy
It may
very well be possible that the whole is never released as Free
Software at all, whether under a liberal license or under a
protective license.
Again, this doesn't require copyright assignment.
And so, what's your point?
My point is that in case of permissive licenses the licensee is
already free to reuse the software as part of a proprietary product
and thus doesn't need copyright assignment.
It does if you want to re-license the whole product (without asking the
contributors) or even worse turn it to proprietary.

~nikos
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Hugo Roy
2014-02-19 10:50:41 UTC
Permalink
Post by Fabian Keil
My point is that in case of permissive licenses the licensee is
already free to reuse the software as part of a proprietary product
and thus doesn't need copyright assignment.
Post by Hugo Roy
Copyright assignments are done for other reasons.
You really really underestimate the power that copyright
assignments give to the assignee. The assignee is much more
powerful than a mere licensee (for instance, to sue for
infringement).
--
Hugo Roy, Free Software Foundation Europe, <www.fsfe.org>
Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal>
Coordinator, FSFE French Team, <www.fsfe.org/fr>

Support Free Software, sign up! <https://fsfe.org/support>
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